Conditions d'utilisation

NO PURCHASE FOR RESALE

CHEVIGNON Stores, including any consumer rights or policies offered in CHEVIGNON Stores, are intended solely for the benefit of end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of product by someone who intends to resell the product to others (consumers, businesses or any third party). If CHEVIGNON determines that a purchase or order is intended for resale, CHEVIGNON reserves the right, in its sole discretion, and as it relates to such purchase or order, to (1) suspend the application of any CHEVIGNON policy that provides a right or benefit intended for direct to consumer purchases; and (2) take any action to hinder such purchase or order (and deter future purchases or orders), including without limitation, to restrict sales to any consumer, consumer account, or member account, cancel orders, charge restocking fees, impose purchase quantity limits, decline to issue refunds or take returns, deny access to any CHEVIGNON Store, and/or suspend or close any account.

RIGHT TO CHANGE TERMS OF SALE

CHEVIGNON Stores reserve the right to change these Terms of Sale at any time and in their sole discretion. Any changes, CHEVIGNON will provide notice, such as by sending an email, providing notice through the Site or updating the date at the top of these Terms of Sale. These changes will not apply to products you have already purchased, but continued purchase of products through the Site will confirm the acceptance of such changes. We encourage buyers to frequently review these Terms of Sale prior to making any purchase through the Site to ensure the understanding of the terms and conditions that apply to the purchase of products through the Site.

PRICING POLICY

The total price specified in the final check out screen on our Digital Stores includes estimated tax and shipping costs (if applicable). This price, updated to include actual tax, will be recorded in the Order Confirmation for Digital Store orders, which we recommend you print or download for future reference. For Retail Store purchases, actual tax and shipping costs (if applicable) will appear on your printed receipt, which we recommend you save for future reference. If you pay by credit or debit card, the total amount for your entire purchase will be reflected on your statement in your local currency.

If your local currency is not in US dollars, your bank or credit card issuer will apply exchange rate and any fees according to terms and regulations applicable to you and the bank/issuer of your credit or debit card. The exchange rate and any fees applied by the bank/issuer are beyond our control.

All prices are shown in U.S. dollars (except where otherwise noted) and taxes, shipping and handling charges are additional. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment checkout screens. Several factors may cause this adjustment, such as variances between processor programs and changes in tax rates. You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. If you do not pay such taxes or fees in connection with a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable. We reserve the right to collect such taxes or other fees from you at any time.

SITE TRANSACTIONS

To complete your purchase at a Digital Store, you must provide your full name, e-mail address, valid delivery address, and payment method to place an online order. You may need to adjust your device settings or set your browser to accept functional cookies and pop-ups in order to be able to use all the functionalities of a Digital Store, which includes adding items to your shopping bag and submitting your order.

When you submit an order, we will send an email acknowledging receipt of your order (“Order Confirmation”). Our acceptance of your order takes place when the products are shipped to you; we will send a second email confirming that the products have been shipped. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order for that product.

Sale of products and fulfillment of all orders at a CHEVIGNON Stores is subject to availability and our discretion in managing inventory. We explicitly reserve the right to limit, decline or reject any sales and orders for any reason, without being liable for any damage or costs other than repayment of any amount received from you in relation to such sale or order, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Also, in situations including but not limited to:

• An Event Outside Our Control (as defined below);
• The product you seek to purchase is not available or in stock;
• Your address, billing information or form of payment is incorrect or cannot be verified;
• Your order is flagged by our security systems as potentially fraudulent, or an order placed with automated ordering software or technology;
• There is evidence that your order (single or cumulative orders) was purchased for the purpose of resale, tax evasion, or other fraudulent purpose;
• Your order was flagged for freight forwarding or shipping to an address or service provider that enables or allows foreign export or unlawful avoidance of sales tax;
• Your purchase or order exceeds product purchase limits (quantity and/or dollar amount);
• Your account and/or purchase history shows an excessively high volume of returns;
• There is evidence that you are not eligible to make purchases; or
• In the event of misspelling, pricing or other errors or mistakes at the CHEVIGNON Store(s) where you wish to order or purchase.

CHEVIGNON will determine whether any of the above events have occurred in its sole discretion.

ERRORS, INACCURACIES, AND OMISSIONS

We attempt to be as accurate as possible and to eliminate errors on the Site; however, occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability.

In the event of an error, whether on the Site, in an order confirmation, in processing an order, when delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.

TITLE TRANSFER & RISK OF LOSS

With the exception of products purchased or picked up at CHEVIGNON Stores, title and risk of loss for products purchased from CHEVIGNON pass to you upon our delivery to the carrier. Title and risk of loss for products purchased online and picked up at CHEVIGNON Retail Stores or directly purchased at CHEVIGNON Retail stores will pass to you upon your authorized receipt of those products. Title to product(s) will not transfer until full payment has been received.

SHIPPING CHARGES

When a product order is placed for delivery, it will be shipped to the address designated by the Buyer, as long as such shipping address is compliant with the shipping restrictions contained on the Site. All deliveries of product purchases from a Site are made pursuant to a shipment contract. You agree to pay all shipping and handling charges shown to you at the time you place your order. We reserve the right to increase, decrease, add or eliminate these charges from time to time, and you agree to check all charges prior to placing an order. In general, we ship all products by economy ground delivery, which may be provided by any number of shipping service providers, unless otherwise indicated on the applicable product page or otherwise directed by you. Shipping and handling charges displayed during the checkout process may or may not reflect actual costs. All orders placed through the Site are shipment contracts, not destination contracts. Any shipping or delivery dates or times shown on the Site are estimates only and actual delivery dates and times may vary. We are not liable for any claims or damages resulting from any delays to your receipt of goods. You will not obtain or direct shipment of any product purchased through the Site for export. As a result, risk of loss and title for products purchased from a Site pass to you upon delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

SPLIT DELIVERY

We often deliver all items from a single order within a single shipment. However, due to numerous factors, products may be delivered in split shipments. We reserve the right to split the delivery of any order. If we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address you provided at the time your order was placed. You will not be charged for any additional delivery costs.

PAYMENTS

Only valid credit cards and other payment methods acceptable to us may be used to purchase products through the Site, and all refunds will be credited to the same credit card or, in our discretion, other payment method. By submitting an order through the Site, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us to charge that card or other payment method for the purchase amount of your order (including taxes, shipping, handling and any other amounts described on the Site). When you provide your payment information, you authorize us (or a third-party service provider working on our behalf) to process and store your payment and other related information. If the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically at any time. You are responsible for resolving any problem we encounter in order to proceed with your order.

INSPECTION UPON DELIVERY

Upon delivery, please inspect the packaging and products for damage. If it appears that the products are damaged, please do not accept the shipment.

RETURNS AND EXCHANGES

Please refer to our Refund and Return Policy at chevignon.us/pages/returns for general refund and return information and instructions.

WARRANTY AND RETURNS OF DEFECTIVE PRODUCT

You are entitled to return products if they are defective or otherwise not in conformity with your order when you received them, please refer to our Warranty Policy at chevignon.us/pages/warranty for information and instructions.

REFUND INFORMATION

Refunds will be issued to the original form of payment. This applies to all CHEVIGNON Stores returns. For information on how to complete a return and for refund timelines, visit the Returns section at chevignon.us/pages/returns for information and instructions.

EVENTS OUTSIDE OUR CONTROL

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation supply chain shortages, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks.

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms: (1) We will provide notice to you as soon as reasonably possible; and (2) our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended during the time needed for resolution of the Event Outside Our Control.

Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the order if an Event Outside Our Control takes place and you no longer wish us to provide the products.

INDEMNIFICATION AND RELEASE

To the fullest extent permissible by applicable law, you agree to indemnify, defend, and hold harmless New Indigo LLC, The Goose Brand LLC, Blue Spearhead LLC, its affiliates, officers, directors, employees, agents, licensors and suppliers (the “ CHEVIGNON Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating to your conduct in connection with any CHEVIGNON Store or with other CHEVIGNON Store users or consumers, or any violation of these Terms of Sale, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the CHEVIGNON Parties from any and all claims or causes of action you may have for damages arising from or relating to your conduct in connection with any CHEVIGNON Store or with other CHEVIGNON Store users or consumers, or any violation of these Terms of Sale, any law or the rights of any third party.

LIMITATION OF LIABILITY

These terms and conditions set out the full extent of our AGREEMENT AND UNDERSTANDING in respect TO ANY CLAIM ARISING FROM OR RELATED TO YOUR SHOPPING, ORDERS, PURCHASES, RETURNS, ACCESS OR USE OF CHEVIGNON STORES.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, the maximum aggregate liability of either party to the other on all claims ARISING FROM OR RELATING TO THIS Agreement, whether in contract, warranty, tort, strict liability, statute, or otherwise, SHALL BE LIMITED TO THE SUM PAID TO CHEVIGNON FOR THE PRODUCT(S) PURCHASED IN THE RELEVANT TRANSACTION.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NONE OF THE CHEVIGNON PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, FOR: ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, A CHEVIGNON STORE; OR FOR THE PERFORMANCE OF THE PRODUCTS PURCHASED AT A CHEVIGNON STORE; OR FOR THE CONDUCT OF CHEVIGNON STORE USERS OR CONSUMERS (WHETHER ONLINE OR OFFLINE); OR FOR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH YOUR SHOPPING, ORDERS, PURCHASES, OR USE OF A CHEVIGNON STORE, EVEN IF CHEVIGNON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE AND ACCESS TO CHEVIGNON STORES. YOUR ONLY REMEDY AGAINST CHEVIGNON IN CONNECTION WITH ANY ALLEGED DAMAGES ARISING FROM YOUR USE OR ACCESS TO THE CHEVIGNON STORES OR ANY CONTENT IS TO STOP USING OR ACCESSING CHEVIGNON STORES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT CHEVIGNON'S LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.

DISCLAIMER OF WARRANTY

CHEVIGNON PROVIDES ACCESS TO CHEVIGNON STORES “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT ON ALL USES AND/OR PURCHASES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, (1) CHEVIGNON DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCT. CHEVIGNON FURTHER DISCLAIMS ANY WARRANTIES EXPRESS OR IMPLIED AS TO THE ACCURACY OR COMPLETENESS OF EACH PRODUCT INCLUDING, WITHOUT LIMITATION, PRICING, QUANTITY AND SIZING; (2) CHEVIGNON DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION POSTED AT CHEVIGNON STORES IS ACCURATE, COMPLETE, OR CURRENT OR THAT DIGITAL STORES WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS; AND (3) THE FOREGOING DISCLAIMER OF WARRANTY IS ENFORCEABLE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND DOES NOT APPLY TO ANY PRODUCT OR MANUFACTURER WARRANTY EXPRESSLY OFFERED BY CHEVIGNON AND/OR ANY THIRD-PARTY MANUFACTURER OF MERCHANDISE.

DISPUTES, CHOICE OF LAW, JURISDICTION, TIME LIMIT FOR CLAIMS

You agree that these Terms and any dispute between you and CHEVIGNON shall be governed in all respects by Florida law, without regard to choose of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.

Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to CHEVIGNON Stores (including but not limited to the purchase of CHEVIGNON products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Miami Florida, USA.

You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Miami, Florida, USA.

All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, you agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to support@chevignon.us - 1525 N Park Drive Suite 104 Weston, FL

RIGHT TO ASSIGN, NO WAIVERS, SEVERABILITY

CHEVIGNON may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice is required by applicable law, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

CHEVIGNON ’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or CHEVIGNON ’s rights. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. You should always assume these Terms apply.

If any court or relevant authority decides that any provision of these Terms is invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.