Terms of Sales
Last updated: January 2023 (dedicated based on Global-e Version: 8.1)
As used in these Terms of Sale “Global-e”, “we”, "our" or "us" means the applicable Global-e Contracting Party, as defined in the paragraph below. Global-e is the sales facilitation and e-commerce partner of LVMH FRAGRANCE BRANDS operating the ecommerce web-stores (“Store Owner” and “Store(s)”, respectively), where GIVENCHY beauty products were made available to you for purchase through the checkout ("Product"). The Stores are available at the following addresses: https://www.givenchybeauty.com/de, https://www.givenchybeauty.com/it, https://www.givenchybeauty.com/es, https://www.givenchybeauty.com/en. The Store Owner has an agreement with Global-e allowing Global-e to act as the merchant of record, in Global-e’s name and on behalf of the Store Owner.
If you do not agree to the Terms, please do not complete your Order.
These Terms are entered into force in the English language and governed by it. You agree that any translation, if provided, is available for your convenience only (unless otherwise required by applicable law).
If you are placing your Order for fulfilment into one of the following countries, please refer to Annex 1, to access additional and specific terms that apply to you: any destination or country which is a member of the European Economic Area (EEA).
The Global-e Contracting Party under these Terms is the entity listed on your invoice and in the Contact Us page on the checkout. For details and contact information of Global-e Contracting Party please refer to the “Contact Us” page on check out, for information about our Global-e affiliates please follow this LINK.
1. PLACING YOUR ORDER
Placing Orders through the checkout is reserved exclusively for individuals purchasing Products for their own personal use (“Consumers”).
By placing an Order, you represent and warrant that (i) the Order and purchase of Products thereunder is strictly and solely for your personal use, and not for resale, distribution or any other commercial activities; and (ii) you are legally capable (in terms of age and mental capability) of entering into binding contracts per the local legal requirements in the place where you reside. Any Order which is obviously not a Consumer retail sale (e.g. we may not consider an order as a Consumer retail sale when the Consumer purchases more than 5 Products of the same reference, and quantity limits described below may apply) and, more generally, any Order that is fraudulent or presumed as such, will not be accepted. The volume of a given article delivered to a single consumer or postal address could be limited or restricted at any time. For example, quantity limits may apply in relation to Orders of a certain Product. Orders exceeding a certain number of authorized Products could be refused at any moment in time, without prior notice.
Orders are placed through the checkout by clicking on the “Place Order” button (or similar button). The checkout displays the Products you purchase, the price thereof (in €), international delivery costs and fees (“Delivery Costs"), any applicable import or sales taxes (such as Value Added Tax, Goods and Services Tax, Consumption Tax), and, if available for pre-payment, import duties, tariffs and similar costs and fees that may be imposed by the delivery destination (collectively, "Duties and Taxes"). Please make sure you review your Order carefully, identify and correct any input errors prior to placing your Order.
The Store Owner reserves the right to change prices of the Products at any time without prior notice (including if applicable as a result of exchange rate fluctuations). The checkout page will specify the payment methods available for your Order. The availability of such payment methods is dependent on your geographical location.
You acknowledge and agree that: (i) Global-e will use one of its third party payment processors providers ("Payment Processor") to process your payment (while Global-e is acting as the merchant of record), using the payment method you have selected on checkout and it may use the tools, technology or the services of the Payment Processors to process the transaction on its behalf; and (ii) you will provide valid and current information about yourself.
If the payment method you selected for the Order supports pre-authorization mechanism (e.g. most credit/debit cards), then when you place the Order, the applicable amount will only be authorized, and you will be charged on the earliest of up to 5 days as of date of Order or once the Product has been dispatched to you.
If the payment method you selected does not support pre-authorization mechanism, the charge will be immediate upon placing the Order (noting however that specific payment methods may support a different timing and we may not know or be in control over such timing, if applicable. Please check your selected payment method’s terms of service for more details). Please note that you will be charged the full Order amount even if the Order will be dispatched in parts or if it is a ‘pre-order’ or similar type of order.
The Store displays the characteristics of the Products you order. There could be minor differences between the Products you eventually receive and their visual display on the Store or checkout (e.g. in relation to appearance / color / texture / finish) as all pictures and images of Product displayed are for illustrative purposes only. Where dimensions and measurements are provided in the description of each Product, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Product is suitable for your purpose (including whether there is appropriate and safe access to your delivery address for delivery of the Product), please read the descriptions and details of the Products carefully before placing the Order. This clause does not limit or exclude consumer guarantees or warranties which cannot be excluded under applicable consumer rights legislation explicitly prevailing the governing law hereof.
"Product set" means a predefined bundle of products which are represented as one product for sale on the website and that the Customer can add to the basket in one click. The Customer cannot select the Products that compose the “Product set”: the Products are fixed in the product page. This “Product set” may include a discounted Product thus the total price is impacted by this discount. The Products of the “Product set” are added individually in the cart as usual Products and will be delivered as a standard order in a Givenchy wrapping box. The “Product set” is not a physical bundle of products : there is no specific packaging linked to a campaign (Holiday Season, Mother's Day). To obtain a refund of the “Product set”, the Customer must return all the Products composing the set without exception.”
Product personalisation service: LVMH FB offers a free personalisation service for some of its products, which includes the possibility for the Customer to engrave a perfume bottle. The engraved text must not infringe the intellectual property rights of a third party or be defamatory, disparaging, racist, abusive, insulting or threatening, obscene, illegal or discriminatory. LVMH FB reserves the right not to fill an engraving request if it is considered that it is contrary to its image and that of its products.
Custom-Made Discovery Set: The Custom-Made Discovery Set is a set of 3 miniatures (10ml) of La Collection Particulière chosen by the Customer. The Customer has the choice between 12 miniature fragrances to compose the Custom-Made Discovery Set. The miniatures are presented in a refined black Givenchy gift box. The purchase of a Custom-made Discovery Set gives access to the Customer to a unique benefit: -50€ on the next purchase of a 100 ml or 200ml La Collection Particulière fragrance. La Collection Particulière Custom-made Discovery sets are made exclusively for you. Please note that they cannot be returned, exchanged or refunded.
Roblox x Givenchy Beauty: ***Exclusively for Givenchy Beauty Roblox Crew*** From December 4th till December 17th 2023, Get 20% off and a deluxe surprise miniature with 100€ purchase at Givenchy Beauty official Website. Promo code valid once per user. Threshold according to exchange rate. Offer excluding Japan eshop. Offer excluding La Collection Particulière fragrances and Le Soin Noir skincare. GWP as long as stock lasts.
2. ORDER ACCEPTANCE AND CONFIRMATION
The information contained in these Terms, and the data contained on the Store and checkout, constitute only an invitation to contract. Your Order is not accepted (and therefore no commitment is made to sell or provide you with the Products), and no contract for the sale of such Products will come into effect, until you receive an email explicitly stating that the Order has been accepted and confirmed ("Order Confirmation"). The contract is concluded in the dispatch country (where the contract for the sale of the Order is concluded).
The Order is subject to fraud checks and other mandated regulatory checks (such as ‘Denied Parties Screening’). You may also be required to provide additional verifications and information before, and as a condition to, the acceptance of any Order (mainly if there is suspicion that the identity, address, email address and/or payment information were used fraudulently or in an unauthorized manner).
In certain circumstances your Order may be declined or cancelled (in full or in part), whether before, or after an Order Confirmation was received. For example we may, in our sole discretion, decline or cancel (in full or in part), any Orders which did not successfully pass the above mentioned fraud and regulatory checks, any abnormal Orders, any Orders which are suspected to be placed in bad faith, Orders which were not placed by Consumers, Orders in which the payment information you provided cannot be verified, or if a Product included in the Order is unavailable.
We also reserve the right, in our sole discretion to decline or cancel an Order (in full or part) in case of actual or suspicious circumstances (related to us, you or any third party) of a good faith, genuine or honest error, mistake or misunderstanding (an “Error”) where without such Error the Order would not have been accepted or dispatched and a contract to sell the Product(s) underlying the Order would not have been agreed to. An example could be a speciously low price for an item otherwise costing significantly more and not in the context of a ‘sale’ or special promotion. We will be under no obligation to honor an Order in such erroneous circumstances.
In each event described above where an Order was cancelled or declined, you will be refunded in accordance with these Terms (provided your payment was processed successfully).
Quantity limits (per order, per address or otherwise) may apply in relation to certain Products, and exceeding Orders could be declined at any time for that reason, without notice (please refer to article 1 above).
We are not required to provide a reason for declining or cancelling any Order, though we may do so in our sole discretion.
3. DUTIES AND TAXES
You may be offered to pre-pay Duties and Taxes on checkout. Not all products and not all destinations support pre-payment of Duties and Taxes, and we cannot guarantee that your Order will be eligible for such pre-payment. The Store or checkout will provide details, itemize or indicate if the price paid is inclusive or exclusive of Duties and Taxes before you complete and place the Order.
If Duties and Taxes were not paid when you placed your order, either because you so elected or because pre-payment is not available in the delivery destination (or for any other reason): (a) you are advised that the amount of Duties and Taxes displayed under the pre-payment option on the checkout is only an estimation and may not reflect the amount of Duties and Taxes actually charged to you by the broker, carrier or the relevant authority, which such amount might be higher than the estimation; and (b) you will be fully responsible for paying all applicable Duties and Taxes directly to the relevant authority as determined and assessed by such authorities. Global-e and the Store Owner will have no responsibility or liability in connection with the foregoing. Moreover, if you fail to pay any Duties and Taxes without reasonable reason, causing the liability to fall on us, the carrier or any third party (including the Store Owner), the amount of such Duties and Taxes may be deducted from any refund or other amounts you may claim.
Global-e may contract with customs brokers or use fiscal representatives to act on its or your behalf for the purposes of clearing the Order into the market. We may also act as, or use our intra-group affiliates as, a ‘customs declarant’ to clear the Order into the market in our name but on your behalf. Your agreement to these Terms constitutes a consent and authorization for such customs brokers, fiscal representatives or intra-group affiliates to act on your behalf (as an agent, declarant or as otherwise applicable) to: (a) transact with the applicable authorities, (b) complete, submit and execute related documents on your behalf in connection with the import and clearance of Products, (c) facilitate payment of Duties and Taxes and customs clearance; and (d) if applicable, return such Products (subject to these Terms).
You (and not Global-e or anyone on its behalf) will be fully responsible for claiming back any Duties and Taxes from the applicable authority, no matter what the process of payment was thereof, to the extent possible, in cases of a returns or any other eligible circumstances. Global-e and the Store Owner will have no responsibility or liability in connection with such drawback claim.
If you elected not to pre-pay Duties and Taxes, or failed to pay Duties and Taxes, or refused to accept Product not in accordance with a due cancellation procedure under these Terms, in each case resulting with the Product being returned or need to be returned, then, in addition to the above, you may be liable for the return costs and charges, and may not be reimbursed or refunded for the Delivery Costs paid by you for making the delivery to you. You may also be charged with additional direct or indirect charges resulting from said failure or refusal.
4. TITLE; RISK; IMPORTER OF RECORD
The title to the Products ordered is transferred from Global-e to you prior to import, provided we are satisfied that a full payment of the Order amount was made or can be made.
Risk of damage or loss is transferred to you upon delivery to the delivery address specified in the Order (in case you have selected not to pre-pay Duties and Taxes, such location will be deemed to be the port of entrance to the import destination).
YOU WILL BE CONSIDERED AS THE ‘IMPORTER OF RECORD’ OF THE PRODUCT, AND WE (OR SOMEONE ON OUR BEHALF) WILL ONLY BE FACILITATING THE IMPORTATION ON YOUR BEHALF, AS YOUR AGENT, AND MAY, IN CERTAIN CASES, ACT AS THE ‘DECLARANT’ FOR THE SOLE PURPOSE OF FACILITATING THE CUSTOMS CLEARANCE (HOWEVER THIS WILL NOT CHANGE YOUR STATUS AS THE IMPORTER FOR PERSONAL USE PURPOSES).
YOU ARE RESPONSIBLE FOR ASSURING THAT THE PRODUCT CAN BE LAWFULLY IMPORTED INTO THE DESTINATION, AND YOU THEREFORE NEED TO COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS, CERTIFICATIONS AND RULES OF THE DESTINATION INTO WHICH YOU IMPORT THE PRODUCT. PLEASE NOTE THE STANDARD FOR USING THE PRODUCT IN THE IMPORT DESTINATION BEFORE ORDERING. PRODUCT ORDERED TO A DESTINATION WITH DIFFERENT STANDARDS CANNOT BE RETURNED FOR THIS REASON AND NO LIABILITY WILL BE ASSUMED IN ANY CIRCUMSTANCES WHICH MAY ARISE FROM PURCHASING PRODUCT WITHOUT THE CORRECT STANDARDS FOR YOUR DESTINATION.
Please note that documentation such as packaging, user manuals, product care labels, handling instructions or safety warnings may not be in your language; you may not have available manufacturer’s or other service options for the Product or parts thereof; the Product (and accompanying materials) may not be designed in accordance with the standards, product regulations, specifications of the destination to which you import or labelled in accordance with the requirements applicable in your destination, or in yours or the destination’s language; if the Product is powered, it may not conform to the destination power parameters such as voltage or other electrical standards (for example you may need to use an adapter to charge your Product).
5. FULFILMENT, HANDLING AND DELIVERY OF ORDERS
The delivery and fulfilment of your Order is carried out by various service providers, which will be selected and operated by us or by the Store Owner (a "Fulfillment Provider").
Some Products may not be delivered to certain locations or destinations (due to limitations imposed on the Product itself or by the destination). You will be informed of such limitation, either on the Store or checkout, and the checkout should not permit you to submit your Order if the Product cannot be delivered to your specified address. However, we reserve the right, at any time, to suspend or cancel the delivery of any Product that cannot be legally delivered as such.
Delivery will be completed when the Product is delivered to the address chosen by you as specified when placing your order (in case Duties and Taxes were not paid, that may include the port of entrance to the country destination). Different parts of your order may be delivered on different dates.
Unless otherwise stated, and subject to applicable laws, delivery dates given on checkout (or on the Store) are estimates only. The Order will be delivered by the latest delivery time set out on checkout (based on the delivery method you selected, if such selection was available for your Order) or, if no delivery time is specified, within 30 days following the Order Confirmation date, unless exceptional circumstances exist (pre-order for example). Delivery timeframes are affected by your delivery address and the delivery method selected. Global-e is unable to specify an exact delivery date and time.
Global-e and the Store Owner have no liability for any loss arising from delay in delivery to the extent such delay is due to circumstances beyond reasonable control or where no reasonable steps could have been taken to deal with the delay. For example, delays resulting from customs clearance procedures, lockdowns or other actions of the authorities are outside Global-e’s or the Store Owner’s control, as well as any delay resulting directly from your actions or omissions.
If you receive notification of an attempted delivery, it is your responsibility to use the details provided to contact Fulfilment Provider for re-delivery. Efforts will be made to deliver your Product according to the details in the Order.
6. SPECIAL PROVISIONS - PAYMENTS
Depending on your location, payment may be made to an intra-group affiliate (listed here), and such payment will constitute a payment to us and will discharge you from your payment obligations in connection with the Order and purchase of the underlying Products.
We may not be able to control additional charges, fees (such as foreign transaction fee or cross border fee) or surcharges imposed by your own bank, card issuer or the payment method you selected. We may not have any knowledge in advance of the applicability of such fees or surcharges nor does Global-e have any way to mitigate this, as this is purely up to the relationship and commercial terms between you and your bank, card issuer or payment method and their own policies.
Global-e’s sole commitment in this respect is to acquire the amount specified on checkout in your selected currency.
Global-e takes the safeguarding of your payment details seriously, but we may not be able to prevent, and cannot be held liable for loss you may suffer if a third party procures unauthorized access to your payment details when accessing or ordering from the Store.
The transaction statement (of your chosen payment method) regarding the Order you placed with us will look substantially like this: **Global-e//Store Owner name**.
Payment by Invoice with Klarna:
Payment by Cash on Delivery:
If available in your destination, you may be offered Cash on Delivery ("COD") as one of the optional payment methods. If so, please be advised that the maximal amount that can be paid using COD is limited in accordance with applicable local laws in your destination and, may also be limited by the Store Owner in accordance with its policies or the carrier. The Products will only be handed to you subject to and after you have signed the delivery note and paid the Order amount in full.
When using PayPal/PayPal Express as a payment method (if available), the full amount of your purchase may be charged immediately following the placement of the Order.
Pre-Payment shall not affect your legal rights under these Terms (including for example any right to refund). If shipping, delivery or fulfillment obligations cannot be performed (subject to these Terms), you will be notified (notably via email) and a refund of the pre-payment will be made without delay.
7. RETURNS POLICY
THIS RETURNS POLICY APPLIES TO ALL CUSTOMERS, BUT DOES NOT APPLY TO FAULTY PRODUCTS OR TO SUCH OTHER EXCLUDED PRODUCTS AS FURTHER DETAILED IN SECTION 8 BELOW (“LIMITATION ON RETURNS POLICY, WITHDRAWAL RIGHTS AND CANCELLATION RIGHTS”). PLEASE VISIT THE STORE OWNER’S POLICY AVAILABLE ON THE STORE AND CHECK IF ANY ADDITIONAL LIMITATIONS APPLY.
Instructions for Return:
The return request must be made within 30 days from the date the Order was placed (unless otherwise specifically stated in the Store Owner’s policy or required by applicable specifically prevailing consumer law).
If you wish to return one or more Products you purchased pursuant to these Terms, the following instructions apply:
- You must first inform of your decision to return the Product by a clear statement made through the returns portal and follow the instructions and providing the requested information therein, including providing proof of purchase (your Order identification number and the email address used for the Order), indicating the applicable items to be returned and the quantity thereof and selecting the applicable method of returning the product (if different options are available). If a returns portal link is not available on the Store, or on the Online Support link (if available) in the Order Confirmation, then you must inform of your intent to return your Order through Store Owner’s customer support, which will guide you through the process.
- A return Product authorization ("RMA") number will be provided to you (through the portal (if applicable) and via email) and, if applicable, a return shipment label will be generated.
- Promptly thereafter you will send back the returned items or hand those over as per the instructions provided to you in the return portal. You must act without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract. The RMA number must be included in the return package.
- Unless otherwise specifically stated, all items (including samples) must be returned in a new and unused state, in perfect condition, with all protective or other materials in place and tags and stickers attached to them (if applicable), and within the original parcel (kraft outer box).
- All returns could be subject to strict quality control to ensure that the returned items satisfy these requirements. If the item does not meet such standards, the return and refund could be refused, or the Product devaluation will be deducted from the refund amount.
- All Products must be returned within 14 days following the providence of the RMA. Any Product received out of this delay will not be refunded.
- Upon receipt of the returned item(s) and confirmation that it has been returned in accordance with the applicable requirements, you will be reimbursed for the actual paid price of the returned item(s) and such other fees, if applicable pursuant to these Terms. Return costs of 15€ will be deducted of the amount refunded. Some or all initial Delivery Costs you paid in connection with the Order may be reimbursable or refundable, if applicable based on these Terms and the Store Owner’s Policy. However, any delivery and clearance costs you incur when returning items are not eligible for reimbursement or refund other than in the event of defective Product, where you will be reimbursed for the delivery costs of returned item(s) (less 15€ as mentioned above). Title and risk to the returned items will not transfer back or assumed until such items physically arrived back to the returns facility, and therefore you are advised to use a courier service offering tracked service, and to have adequate insurance to cover the cost of the goods in transit. Unless expressly agreed otherwise, reimbursement will be made using the same means of payment as you used for the initial transaction. Notwithstanding the forgoing, if Cash On Delivery was used as the payment method of your choice, we will either reimburse you through your bank account or PayPal account (and not in cash) and you will be required to provide such details for us to process the refund. This returns policy is in addition to, and does not affect, the separate legal cancellation right which is available only to EEA Consumers in some circumstances as explained below. For special provisions regarding Consumer Withdrawal Rights (European Economic Area only)– please refer to Annex 1.
8. LIMITATION ON RETURNS POLICY, WITHDRAWAL RIGHTS AND CANCELLATION RIGHTS:
TO THE FULLEST EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, IN CERTAIN COUNTRIES (SEE THE EXHAUSTIVE LIST BELOW), CERTAIN TYPES OF PRODUCT ARE NOT ELIGIBLE FOR CANCELLATION, WITHDRAW OR RETURNS, INCLUDING THE FOLLOWING: FRAGRANCES, SEALED GOODS (SUCH AS DVDS OR AUDIO DEVICES OR GOODS LIABLE TO DETERIORATE OR EXPIRE RAPIDLY), COLLECTIBLES, MYSTERY BOXES, SWIM WEAR OR OTHER PRODUCT WHICH ARE NOT SUITABLE FOR RETURN DUE TO HEALTH PROTECTION OR HYGIENE REASONS, IF THEY WERE SEALED AND BECOME UNSEALED AFTER DELIVERY. ADDITIONALLY, THERE IS NO RIGHT TO CANCEL, WITHDRAW FROM OR TO RETURN A PRODUCT WHICH WAS MADE TO YOUR SPECIFICATIONS OR WHICH IS CLEARLY PERSONALIZED, UNLESS THERE IS A MANUFACTURING ERROR OR PRODUCT DEFECT. WE RESERVE THE RIGHT TO REFUSE PERSONALISED ORDERS AT OUR DISCRETION. IN THE CASE OF INAPPROPRIATE USE OF THIS SERVICE, YOUR ORDER WILL BE CANCELLED AND FULLY REFUNDED OR SENT WITHOUT PERSONALISATION.
RETURNS SHIPPING OF DANGEROUS GOODS WILL ONLY BE SUPPORTED IF IT WAS ORIGINALLY DELIVERED TO THE CONSUMER VIA STANDARD SHIPPING. PLEASE NOTE THAT IF YOU CHOSE AN EXPRESS SHIPPING DELIVERY (BY AIR), YOU WILL NOT BE ENTITLED TO RETURN THE PRODUCTS.
NOTHWITHSTANDING THE ABOVE, THE RETURN OF DANGEROUS GOODS IS NOT ALLOWED FROM THE FOLLOWING COUNTRIES UNDER ANY CIRCUMSTANCES: BULGARIA, DENMARK, FINLAND, GREECE, IRELAND, LATVIA, ROMANIA & SWEDEN.
IF YOU RETURN A PRODUCT LISTED IN THE PREVIOUS PARAGRAPH DESPITE THE AFOREMENTIONED, YOU WILL BEAR THE ENTIRE RESPONSIBILITY AND COSTS OF SUCH RETURN. SHOULD A LITIGATION BE INITIATED AGAINST THE STORE OWNER OR THE CARRIER, BE LINKED WITH SUCH RETURN, YOU UNDERTAKE TO FULLY INDEMNIFY THE STORE AWNER AND THE CARRIER FOR THE COSTS INCURRED BY SUCH LITIGATION.
Only the buyer will be entitled to any rights of return, cancellation or withdrawal (as applicable) and a refund of applicable monies. In no event will a person who has received the Order as a gift be entitled to receive a refund.
This clause does not limit or exclude consumer guarantees or warranties which cannot be excluded under applicable consumer rights legislation explicitly prevailing the governing law hereof.
9. LIMITED WARRANTY; RETURNS POLICY FOR FAULTY PRODUCT
If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make Store Owner aware of the problem, in accordance with your legal rights under applicable laws. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform Store Owner as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights under applicable law. For Products shipped internationally, please note that the warranty may not be valid in the destination, or you may have only limited warranty valid in the destination. If warranty is valid and not limited by your jurisdiction, then the warranty period is as set out in the product description. Consumers in some jurisdictions may have legal rights under applicable local legislation governing the sale of consumer goods, including, without limitation, national laws implementing EU directive 2019/771, these rights are not affected by this limited warranty.
There are certain liabilities that cannot be excluded under applicable law. In particular, nothing in these Terms limits the liability for personal injury or death, or liability for fraud. You might have certain rights under applicable consumer legislation explicitly prevailing the governing law hereof, including legal rights relating to faulty product(s). Nothing in these Terms will affect these explicitly prevailing legal rights.
SUBJECT TO THIS, IN NO EVENT WILL GLOBAL-E OR THE STORE OWNER HAVE ANY LIABILITY FOR ANY OF YOUR LOSSES, ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, HOWSOEVER CAUSED INCLUDING ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH THESE TERMS. ANY LIABILITY, IF SO EXISTS, SHALL NOT EXCEED THE PURCHASE PRICE OF THE RELEVANT PRODUCT AND IS STRICTLY LIMITED TO LOSSES THAT WERE REASONABLY FORESEEABLE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND US AT THE TIME YOUR ORDER IS ACCEPTED. THE LIABILITY OF GLOBAL-E AND STORE OWNER GROUP TO YOU FOR LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THESE TERMS WILL BE REDUCED OR LIMITED TO THE EXTENT (IF ANY) THAT YOU CAUSE OR CONTRIBUTE TO THE LOSS OR DAMAGE.
GLOBAL-E AND THE STORE OWNER WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGES INCURRED BY UNAUTHORIZED USE OF YOUR PAYMENT CARD ON THE CHECKOUT, AND GLOBAL-E AND THE STORE OWNER ARE NOT RESPONSIBLE FOR NOTIFYING YOUR CARD ISSUER OR ANY LAW ENFORCEMENT AUTHORITY IN THESE INSTANCES.
You must give Global-e and the Store Owner a reasonable opportunity to remedy any matter for which they are liable before you incur any costs remedying the matter yourself.
It cannot be guaranteed that the Store or checkout will be uninterrupted or error-free. Global-e and the Store Owner are entitled without notice and without liability to suspend the Store or the checkout for repair, maintenance, improvement or other technical reason. To the maximum extent permitted by applicable law, Global-e and the Store Owner shall not be held liable, if and in so far as it cannot fulfil its obligations as a result of circumstances beyond its reasonable control and where it could not have taken appropriate steps to avoid such effects including third party telecommunication failures.
12. GOVERNING LAW AND DISPUTES
These Terms are governed by the laws of France. When a specific applicable law (namely specific consumer laws in your country), explicitly prevails the laws of France, then with respect to the prevailing subject matter, the governing law of such matter will be that specific law. If any provision of these Terms shall be held to be invalid, illegal or unenforceable, pursuant to an explicit prevailing law, that provision shall be enforced to the fullest extent permitted by the applicable prevailing law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. You hereby agree to the fullest extent permitted by applicable law, that you irrevocably waive all right to trial by jury as to any issue relating hereto in any action, proceeding, or counterclaim arising out of or relating to these Terms. You are hereby informed that in the event of a dispute arising out of or relating to these Terms, you may have a right under applicable law to file a complaint with an alternative dispute resolution institute. To the fullest extent permitted by applicable law, any dispute arising out of or relating to these Terms shall be submitted to the exclusive jurisdiction of the courts of Paris, France.
11. INTELLECTUAL PROPERTY RIGHTS
Any access or use of the checkout for any reason other than your personal, non-commercial use, is prohibited. You further acknowledge that any other use of the material and content of the checkout is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. Unless otherwise stated, the copyright and other intellectual property rights in the content on the Checkout are owned by Global-e or our licensors. You may print off one copy and may download extracts of any page from this Checkout for non-commercial, personal use.
1. EUROPEAN ECONOMIC AREA (EEA) (including Germany, France, etc.)
(a) CONSUMER WITHDRAWAL RIGHTS
If you are a “Consumer” and a resident of a member state of the European Union, Iceland, Liechtenstein, or Norway ("EEA"), you have a “cooling-off” right to cancel your Order subject to the provisions set out below. This right is not affected by any separate returns policy in these Terms. Instructions for Withdrawal: The withdrawal cancellation period will expire 14 days after the day of delivery. To exercise the right to withdraw you must follow the same instructions as detailed in the refund policy above and the same terms of the returns policy will apply, subject to and with the following changes: Informing about your decision to withdraw from the Order must be done within 14 days as of the day of delivery of the Product to you or to somebody named by you (and not 30 days as of date Order was placed). You should inform us of your intent to withdraw through the methods stated in the refund instructions above (i.e. through the returns portal which is available on the Store or in the Online Support link which is in Order Confirmation, or if such are not available by contacting the Store Owner customer support). however, you may also inform us by using the model withdrawal/cancellation form attached to these terms available here, but it is not obligatory to use this form. You must return the product in the condition mentioned in the return policy above, except you may use the product only for such use that is necessary to assess the nature, characteristics and functioning of the Product, as you would have used in a physical store. Deduction could be made from the reimbursement for loss in value of any item supplied, if the loss is the result of your handling beyond what is necessary to establish the nature, characteristics and functioning of the item. initial Delivery Costs you paid in connection with the Order will be reimbursable or refundable (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) Refund will be made not later than 14 days from the time we received your cancellation request, however if a supplied Product has not been received back from you during such time period, Refund may be delayed until such time the Products is received back, or if earlier, until the time you provide sufficient evidence that you have returned the Product.
(b) For customers in the EU
If you are a consumer you may use the European Commission platform for online dispute resolution (ODR) (For information about alternative dispute resolution which may be of interest, please refer to http://ec.europa.eu/consumers/odr/) or such other institution to which you may have a legal right to use under applicable law.
(c) you may have legal rights in relation to Products that are not as described, not of satisfactory quality, or otherwise not fit for purpose.
(d) For consumers in Denmark
You may file a complaint with "Nævnenes Hus, Mæglingsteamet for Forbrugerklager, Toldboden 2, 8800 Viborg" via Klageportalen - Nævnenes Hus (naevneneshus.dk). Danish consumers can use the EU Commission's online complaint form at Onlinetvistbilæggelse | Europa-Kommissionen the limitation of liability under these Terms will not apply in the event of claims arising out of gross negligence or willful misconduct
(e) For customers in France
You may have a right to invoke the legal warranty of conformity (article L217-4 and seq. of the French consumer Code) within a period of two (2) years from the delivery of the Products, without having to prove that the defect existed before the delivery. You may be able to benefit from the following options depending on what is possible and subject to the cost conditions provided for in Article L217-9 of the Consumer Code: (i) the replacement of the Products by an identical product or of equivalent quality and price, depending on available stocks; or (ii) the repair of the Products. If these two solutions are impossible to implement within thirty (30) days following your request according to the conditions provided for in Articles L217-9 and L217-10 of the French Consumer Code, we will issue a full refund (purchase price and possible delivery costs), against return of the Products. The cost of returning the Products, the cost of repairing it or of delivering another Products will be borne by us. As a consumer, you also have the right to invoke the legal warranty against the hidden defects provided in articles 1641 to 1649 of the French Civil Code or any other contractual or extra-contractual action (tort) which is recognized by the law. In such a case, the consumer can choose between the termination of the sale or claim a reduction of the price pursuant to Article 1644 of the Civil Code. Pursuant to article 1648 paragraph 1 of the Civil Code, the action resulting from latent defects must be filed within two (2) years of the discovery of the defect.
(f) For customers in Germany,
The statutory warranty rights apply with respect to Products that is not free of legal and/or material defects.
(g) For consumers in Italy
If the Global-e Contracting Party is an entity incorporated in the EU or if you are otherwise entitled, you may have a right to invoke the legal warranty of conformity (the "Legal Guarantee") provided for in Articles 128 et seq. of Italian Legislative Decree No. 206 of December 6, 2005 (the "Consumer Code"). In particular, you may be entitled to make a claim under the warranty of conformity for any lack of conformity existing at the time of delivery of the Product, provided that the lack of conformity has become apparent within the term of 2 (two) years from delivery of the Product and was reported by you to customer support within such time frame. A claim hereunder must contain an accurate and complete description of the defects or faults complained of and photos of the product, highlighting the reported lack of conformity. If the reported defect exists, you will not be charged for the delivery costs of returning the defected Product. Wen returning the Product you must include the defect report form (duly completed) and attach the shipment labels and RMA number provided to you via e-mail to the returned package and any other document reasonably requested by us or the Brand. You may be able to benefit from the following options depending on what is possible and subject to conditions provided under applicable law: (i) repair of the faulty Product (ii) replacement of the faulty Product (iii) a reasonable reduction in price or (iv) termination of the sale contract. where it was verified that the reported lack of conformity does not exist or that there are no prerequisites for the applicability of the Legal Guarantee, the Legal Guarantee will not operate and all transportation costs - both those incurred by you to send the product to us and vice versa - will be borne by you. If the Global-e Contracting Party is an entity incorporated in the EU, the limitation of liability under these Terms will not apply in the event of claims arising out of gross negligence or willful misconduct
(h) For consumers in Sweden you may use the alternative dispute resolution process provided by the ARN (www.arn.se).
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