TERMS OF USE

ACCEPTANCE OF TERMS OF USE

Please read these Terms of Use ("Terms") carefully. This website ("Site") includes the website located at herveleger.com and any other website or service of GBG-USA Inc. or its subsidiaries and affiliated companies (collectively "Hervé Léger"). GBG-USA INC. PROVIDES THIS SITE TO YOU AND ANY OTHER PERSON OR ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (collectively "You"), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN ABG-HERVE LEGER, LLC. AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER THROUGH THIS SITE; (b) USING THE SITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.

GBG-USA Inc. may change or modify these Terms or any policy or guideline of this Site, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms and applicable policies to understand the terms and conditions that apply to your use of our Site. If you do not agree to the amended terms, you must stop using the Site.

CHOICE OF LAW/JURISDICTION

These Terms supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws and any conflict shall be resolved exclusively in the state and federal courts sitting in Los Angeles in the state of California, United States of America. A printed version of these Terms shall be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE SERVICE PROVIDER TERMS MUST BE ASSERTED INDIVIDUALLY.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.

SUBMISSIONS BY YOU

All material, content and information including but not limited to technical, contractual, product, program, pricing, marketing, and other valuable information, and data, text, software, music, sound, photographs, graphics, video, messages, reviews or other materials ("Material") on the Site shall be and remain the property of GBG-USA Inc. or its respective owners. GBG-USA Inc. may amend these Terms at any time by posting the amended terms on this Site.

You agree that You are solely responsible for any Material posted or submitted by You. You represent and warrant that You own or otherwise control all of the rights to Material submitted by You and that no use of such Material by GBG-USA Inc. will infringe or violate any rights of any third party. You agree to defend, indemnify and hold GBG-USA Inc. and its affiliated, subsidiaries, agents, representatives, employees, officers, directors, licensees, sponsors, partners, suppliers and contractors (collectively the "Affiliates") harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys‘ fees and legal costs) arising from or in connection with any Material posted or submitted by You. GBG-USA Inc. reserves the right, at any time and in its sole discretion, to delete, move or edit any Material posted or submitted by You.

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by You to GBG-USA Inc. on this Site or otherwise disclosed, submitted or offered in connection with Your use of this Site (collectively "Comments") shall be and remain GBG-USA Inc.’s property. Any such disclosure or submission of Comments shall constitute an assignment to GBG-USA Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. GBG-USA Inc. will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. GBG-USA Inc. is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay any compensation for Comments; or (3) to respond to any Comments.

PROMOTIONS

By participating in surveys, sweepstakes, contests or promotions on this Site, and/or requesting promotional information or product updates, You hereby agree that GBG-USA Inc. may use information about You for marketing, product development and promotional purposes. You agree that GBG-USA Inc. may use information about You and Your use of this Site in any manner that does not reveal Your identity and/or consistent with the terms of GBG-USA Inc.’s Privacy Policy. Further, You agree that GBG-USA Inc. may send You electronic mail for the purpose of advising You of updates to this Site, providing You with information on GBG-USA Inc. products or for such other purposes GBG-USA Inc. deems appropriate. Please see Official Rules available for specific surveys, sweepstakes, contests or promotions for further details.

CONTENT PROVIDED VIA LINKS

You may find links to other Internet sites or resources on the Site. You acknowledge and agree that GBG-USA Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. GBG-USA Inc. will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

HERVE LEGER PRODUCTS

The Hervé Léger products displayed on this Site may be available through this Site or at select Hervé Léger retail stores in the United States of America and foreign markets. However, Hervé Léger cannot guarantee that the products appearing on this Site will be available through this Site or at every authorized Hervé Léger retailer; availability and selection are subject to supply. All product descriptions, specifications, colors, and prices are subject to change by Hervé Léger at any time without notice. For United States customers, prices displayed on the Site are quoted in U.S. Dollars. For International customers, prices are displayed in designated Borderfree currency, which is in customer’s local currency in most cases, but in US Dollars for some International countries. Hervé Léger will display colors of products as accurately as possible, however Hervé Léger cannot guarantee that Your monitor will display the correct colors. The particular technical specifications and settings of Your computer and its display could affect the accuracy of its display of the colors of products offered herein.

Products offered for sale on this Site are for Your personal use only, not for re-sale. Hervé Léger reserves the right to limit the quantity of products purchased, and to refuse or cancel any order that we believe would violate any of these Terms, Hervé Léger business practices, applicable laws or policies.

If You need assistance with ordering products on this Site, please contact Hervé Léger at by email at guestservices@us.herveleger.com or by phone at 1-888-870-4710, seven days per week, 9:00 A.M. – 9:00 P.M. CT Monday through Friday, and 9:00 A.M. – 6:00 P.M. CT Saturday and Sunday, except when closed in observance of the following holidays: New Year’s Day, Easter Sunday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve Day and Christmas Day.

INTELLECTUAL PROPERTY RIGHTS

You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit or create derivative works of the Materials or the Site, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership. All Materials and content on this Site are the exclusive property of GBG-USA Inc. and protected by U.S. and international copyright laws.

"GBG-USA Inc. Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans, graphics and other designations GBG-USA Inc. uses in connection with its products and services, including but not limited to Hervé Léger. You may not remove or alter any GBG-USA Inc. Trademarks, or use GBG-USA Inc. Trademarks, without GBG-USA Inc.’s prior written consent. You acknowledge GBG-USA Inc.'s rights in GBG-USA Inc. Trademarks and agree that any use of GBG-USA Inc. Trademarks by You shall inure to GBG-USA Inc.’s sole benefit.

Certain activities provided via the website may be covered by U.S. Patent 5,930,474.

DISCLAIMER OF WARRANTIES

THIS SITE AND ITS MATERIAL ARE PROVIDED "AS IS" FOR YOUR USE. TO THE EXTENT PERMITTED BY LAW, THIS SITE AND ITS MATERIAL ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GBG-USA INC. DOES NOT WARRANT OR GUARANTEE THAT ALL MATERIAL IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE AND ITS MATERIAL AND PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL MATERIAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND GBG-USA INC., LLC. SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE AND THE PRODUCTS, SERVICES AND MATERIAL AVAILABLE FROM THIS SITE. YOUR USE OF THIS SITE AND ITS MATERIAL IS ENTIRELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

IN NO EVENT SHALL GBG-USA INC. BE LIABLE UNDER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, REGARDLESS OF WHETHER OR NOT GBG-USA INC. OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, EXCEPT WHERE PROHIBITED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold GBG-USA Inc. harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising from or in connection with Your use or misuse of this Site and the Material or Your violation of any provision of these Terms.

INTERNATIONAL USE

GBG-USA Inc. has hired Borderfree, Inc. (“Borderfree”) to enable shipping to 100 countries and territories. Please note that International purchases will be subject to Borderfree’s Terms & Conditions and Privacy Policy available through the links below.

Terms & Conditions: HTTP://WWW.BORDERFREE.COM/TERMS

Privacy Policy: HTTP://WWW.BORDERFREE.COM/PRIVACY/EN_US/

GBG-USA Inc. controls and operates the Site from the United States, and all information is processed within the United States. GBG-USA Inc. does not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with Your use of the Site. By visiting and using the Site, You acknowledge these restrictions and agree that either You are not subject to them or You will comply with all applicable laws regarding the transmission of technical data exported from the United States.

Without prejudice of the liability provisions as stated in the Terms above, You recognize and agree that GBG-USA Inc. shall in no event be liable in case of a failure to deliver the product(s), torn package(s) or any other cause beyond the control of GBG-USA Inc., which would remain the sole responsibility of Borderfree.

EXCHANGE RATES, DUTIES AND TAXES

Duties and taxes are set by the destination country customs authorities, on the basis of the following parameters:

  • •The country of origin (manufacturing) of the products being purchased.
  • •The classification of such products in accordance with a harmonized system adopted and used by the countries that Borderfree supports.
  • •International taxes, such as Value Added Tax (VAT) are set by the destination country.

International taxes, tariffs and value-added tax (VAT) are calculated into your final order total during checkout and can be viewed under the heading, "Duties & Taxes." Then, the guaranteed amount to be paid will be indicated at checkout.

Your account is billed by Borderfree when your package is shipped to its final destination.

The charge appears as "BF*BCBG.com"

For more information, please contact Hervé Léger by email at guestservices@us.herveleger.com or by phone at 1-888-870-4710, seven days per week, 9:00 A.M. – 9:00 P.M. CT Monday through Friday, and 9:00 A.M. – 6:00 P.M. CT Saturday and Sunday, except when closed in observance of the following holidays: New Year’s Day, Easter Sunday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve Day and Christmas Day.

CONSENT TO PRIVACY POLICY

By using this Site, You agree to comply with all applicable laws and regulations, and the terms of GBG-USA Inc. Privacy Policy at HTTP://WWW.BCBG.COM/PRIVACY-POLICY/CS-PRIVACY-POLICY,DEFAULT,PG.HTML, with respect to any access, use and/or submission by You of any personal information in connection with this Site.

MISCELLANEOUS

Language

For any order under these Terms, the language available for the conclusion of a contract is English only, which language shall be controlling in all respects. Furthermore, all communications and notices made or given pursuant to an International order shall be in the English language exclusively.

For more information, please refer to the International FAQ section of the site HTTP://WWW.BCBG.COM/INTERNATIONAL-ORDERING-INFORMATION/CS-INTERNATIONAL-FAQ,DEFAULT,PG.HTML or contact Hervé Léger at guestservices@us.herveleger.com or by phone at 1-888-870-4710, seven days per week, 9:00 A.M. – 9:00 P.M. CT Monday through Friday, and 9:00 A.M. – 6:00 P.M. CT Saturday and Sunday, except when closed in observance of the following holidays: New Year’s Day, Easter Sunday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve Day and Christmas Day.

Right of Withdrawal

All European Union customers have the right of withdrawal. If You purchase products on the Site, You have fourteen (14) days from the date of receipt of your orders to exercise your right of withdrawal. If a European Union customer cancels their order during this -day period, Borderfree will reimburse the customer for the cost of the product(s) AND any extra fees (e.g. shipping) paid by the customer to receive the item within fourteen (14) days after we receive the item at our facilities in the United States.

You may contact guestservices@us.herveleger.com to exercise Your right of withdrawal for any product You may have purchased. Please quote Your order # as reference in this correspondence. The guest services member contacted will confirm the cancellation process for Your product(s) and inform You of the total amount of refund.

You will not be entitled to a refund if the product has been damaged by You.

In particular, shoes must be returned unmarked and in the original shoe box, and swimwear must be returned with the original sanitary lining and packaging intact.

Please return the product in its original packaging to Borderfree. The address will be provided to You in the Return Authorization Email.

Refund and Return Policy

Please click here to review our return and exchange policy.