Terms of Sale
Terms of Sale
TERMS OF SALE
These Terms of Sale (as well as our Terms & Conditions and Terms of Use) apply to any order you place on the French Connection website located at www.usa.frenchconnection.com (the "Website"), regardless of how you access to the Website. Before ordering anything from us, please read these Terms of Sale carefully and make sure you understand them. We recommend that you save a copy of them for future reference.
IF YOU DO NOT AGREE TO THESE TERMS OF SALE, PLEASE DO NOT ORDER ANY PRODUCT OR SERVICE THROUGH THE WEBSITE.
We amend these Terms of Sale from time to time in order to provide you with the best products and experiences and to comply with changes in relevant laws and regulatory requirements and such changes shall apply to any purchases made after such changes are posted on the Website. It is your responsibility to check these Terms of Sale periodically for changes. Every time you order from us, the Terms of Sale in force at the time of your order will apply to the contract between you and us.
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS OF SALE CONTAIN TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND US RELATING TO YOUR USE OF THE WEBSITE WILL BE RESOLVED. FOR EXAMPLE, SECTION 12 CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING
These Terms of Sale supersede all previous agreements and understandings between us.
Words defined in the Terms & Conditions, shall have the same meaning in these Terms of Use.
1. PLACING AN ORDER
In order to purchase products or services from our Website, you must be a consumer, over the age of 18 and the age of majority in your jurisdiction of residence, and be able to lawfully enter into a binding contract.
Our Website will guide you through the steps you need to take to place an order with us.
You can select products from our ranges without obligation and collect them in a shopping basket by clicking the "Add to Bag" button. You can then proceed to complete the order process within the shopping basket by clicking on the "Checkout" button. Here, you must enter all required data in the fields provided for this purpose, such as your name, e-mail address and shipping address.
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
By clicking on the "Pay Now" button, you are placing an order with us and making a binding offer to purchase the goods in your shopping basket. Once you have completed the online checkout process you will not be able to make any changes to your order, so please make sure that everything is correct before clicking the ‘Pay Now’ button.
When placing an order you confirm that you are a consumer, you are at least 18 years old and the age of majority in your jurisdiction of residence, you are lawfully able to enter into a binding contract with us, he payment method used to place your order is valid (and you are an authorized user), you have sufficient funds to cover the cost of your order and that and all details you provide to us are true and accurate.
Please see the How to Order section of our Help Pages for more details.
2. OUR CONTRACT
When you have completed the ordering process, we will send you an automatic confirmation of receipt of your order by e-mail. This email will include your order number, details of the products you have ordered from us and your selected delivery method. Our automatic confirmation of receipt email is not our acceptance of your order. It is simply confirmation that your order has been received by us.
Please note that all orders are subject to acceptance and availability. In order to provide you with the best products and experience, we continually revise and upgrade our products and services. We may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable at any time without notice. We shall have no liability of any kind if a product or service that has been ordered is unavailable.
If we are unable to accept your order, for example because products are out of stock, because products are incorrectly priced or described, or because we are unable to satisfy delivery, we will inform you of this by email as soon as possible and will not charge you for the applicable goods.
We will confirm our acceptance of your order to you by sending you an email that confirms that products you have ordered have been dispatched ("Dispatch Confirmation").
The contract between us will be formed on the later of the date on which we send you the Dispatch Confirmation, and the date on which we received payment in full. Only products dispatched will be included in the contract between us.
Orders for multiple items may be dispatched separately. You should receive a separate Dispatch Confirmation email for each shipment. Each Dispatch Confirmation email will constitute a separate contract between us in relation to the products which are the subject of that Dispatch Confirmation.
3. PRODUCT INFORMATION, PRICES AND DELIVERY COSTS
Unless otherwise stated, all prices stated on our Website are displayed in US Dollars, are exclusive of sales taxes (which will be calculated at the prevailing rate at checkout) and are subject to change without notice.
If your credit/debit card or payment method is not denominated in the currency of your order, as indicated on the Website, the final price may be charged in the currency of your card or account. Such final price will be calculated and charged by your card issuer, bank or payment method provider. We shall not be responsible for any costs, expenses, charges or other liabilities incurred or suffered by you which are applied by your card issuer, bank or other payment method provider as a result of our processing of your payment.
Depending on the value of your order, your delivery address or selected delivery method, delivery costs may be charged in addition to the stated product price. Please see the Delivery section below for further details. Any additional delivery costs will be clearly shown to you during the ordering process and included in the total cost.
Any products ordered prior to any markdowns or discounts offered will be charged at the price advertised on the date of order, irrespective of the price advertised on the date of despatch. We do not offer price adjustments.
We try to ensure that the colours of our products are displayed as accurately as possible on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.
All sizes and measurements are approximate, however we do make every effort to ensure they are as accurate as possible. Unless otherwise stated, sizes indicated are US sizes. Please refer to our size guide for clarification.
Whilst we use all reasonable care to ensure that all details, descriptions, prices and other information displayed on the Website are accurate, our Website contains a large number of products and it is always possible that, despite our efforts some errors may occur. We reserve the right to correct any errors, inaccuracies or omissions (whether on the Website, in an order confirmation, in processing an order, delivering a product or service or otherwise) and to change or update advertised prices or other information on the Website at any time without prior notice.
Further, we reserve the right to correct any errors or mistakes in pricing even if we have already requested payment. If we discover that a product's correct price is less than the advertised price, we will charge you the lower amount. If we discover that a product's correct price is higher than the advertised price, we will tell you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we can’t get in touch with you, we will treat the order as cancelled. If you have already paid, we will refund you in full.
4. HOW TO PAY
You can pay for products on our Website using any one of the following methods: debit card, credit card, Paypal, Pay with Klarna, Google Pay, Apple Pay or any other methods clearly indicated on our Website from time to time. Please note that you cannot currently purchase Gift Cards using Klarna or PayPal.
When you click on the “Pay Now’” button, you authorize us to charge your payment method for your purchase for the posted price then in effect. Where you choose to pay by credit/debit card payment will not be taken until your order has been accepted and a Dispatch Confirmation been sent. By submitting an order through the Website, you authorize either us or our designated payment processor to charge the account you specify for the purchase amount in the specified currency.
When you use a credit/debit card, you confirm that the card being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it and that all information you provide to us in connection with your use of such credit/debit card are complete, accurate and valid. You agree to accept responsibility for all purchases and other activities that occur under your name and/or account. We reserve the right to refuse or cancel orders or terminate accounts, at any time at our sole discretion.
All credit/debit card transactions are subject to standard pre-authorization and validation checks by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery, and we are not obliged to inform you of the reason for the refusal. If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
If you choose to pay by Paypal, you will be directed to the PayPal site to 'Log In' and review the amount to be paid before completing your purchase. Once this transaction is complete, you will then return to our site.
If you choose to pay by Klarna, you will be directed to the Klarna site to 'Log In' and review the amount to be paid before completing your purchase. Once this transaction is complete, you will then return to our site.
If you choose to pay by PayPal, Klarna or Google, their terms and privacy policies will apply. Please make sure that you read these carefully before proceeding. For more information, please visit our FAQs.
We are not responsible for any charges or other amounts applied by your card issuer, bank or other payment method provider as a result of our processing of your payment. In addition, we disclaim any liability for damages or losses relating to any loss of profits or loss of commission as a result of business transactions not concluded due to price increases.
5. DELIVERY
You will be offered the ability to choose from various delivery options, during the checkout process and before you finalise your order. You will be shown the delivery charges and estimated delivery times, depending on your delivery address. Any delivery charges will also be shown, itemized on your confirmation of receipt email.
For information on available delivery options, including the applicable charges and estimated delivery times please see the Delivery section of our Help Pages.
We will take reasonable care to despatch your order to the carrier or shipping company in accordance with the estimated delivery times set out on in the Delivery section of our Help Pages. However, unless otherwise stated on the Website, delivery times are estimates and are not guaranteed. If your delivery is delayed by an event outside our control e.g., because of postal/carrier delays, logistics or bad weather, or for other reasons related to ensuring the health and safety of our team, we will keep you updated as best we can and will take steps to minimise the effect of the delay. Please note that delivery times posted by the UPS generally do not include weekends and that UPS ground transit times vary greatly depending on the shipping destination. The fact that a delivery time has been exceeded does not entitle you to return your order or to claim damages of any kind. Our obligation to make any delivery is postponed for so long as you are in arrears in any payment to us.
Orders will be sent to the delivery address entered at checkout. We cannot be held responsible if that delivery address is incorrect or incomplete. Unfortunately, our processes do not allow us to make any changes to the delivery address after the order has been placed, so please do check carefully before completing the online checkout.
We cannot accept any liability for any delivery instructions (e.g., to leave your package in a garage, or with a neighbor) which you give to the delivery company.
Please note that all shipments are at your own risk, and that we are not responsible for delays or issues arising solely from the carrier or shipping company. Any freight damage must be reported by you to the carrier or shipping company immediately after receipt of a shipment. With respect to the shipment of products and services sold through the Website, risk of loss passes to you upon our delivery of the items to the carrier.
If you have any questions concerning delivery of your order, please contact our Customer Services department within 60 days of the date on which your order should have been delivered and we will do our best to help.
6. OWNERSHIP
The products will become yours once they have been delivered and you have paid for them in full. They will become your responsibility from the time we deliver them to the carrier.
7. TAXES, CUSTOMS AND IMPORT CLEARANCES
We deliver to addresses within the USA on a DDP (delivered duty paid) basis. This means that all import taxes and duties as well as applicable sales taxes will be included in the final price of your order.
If your order is to be delivered anywhere else in the world, we operate on a DDU (delivered duty unpaid) basis. This means that any import duties, clearance fees, or other taxes, fees or charges will need to be paid by you. These charges are set by the local tax or customs authorities of the destination country. If you are unsure about whether these duties, taxes and charges might apply to your order, you should contact your local tax or customs authorities.
8. RETURNS
If you are not completely happy with any item and wish to return it to us for an exchange or refund, please refer to our Returns and Refunds Policy.
If you think something might be wrong with your item please see ‘Faulty Items’ below.
9. FAULTY ITEMS
If you believe your item is faulty, defective or not as described and wish to exercise your legal right to reject it, you will need to post the item back to us, or (if it is not suitable for posting) allow us to collect it from you so that it can be assessed by our returns team. We will pay for the costs of postage.
Upon receipt of your returned product, we will make a determination, in our reasonable discretion, whether a product claimed to be damaged or defective was actually damaged or defective when originally delivered to you. We reserve the right, in our reasonable discretion, to refuse to refund any product that does not meet the above requirements.
We will not accept merchandise that, in our reasonable discretion, has been altered or damaged by you or a third party for which we are not responsible. Any unauthorized returns will be discarded without credit or replacement product. We are not responsible in the event that returned packages are lost, stolen, or mishandled.
Please contact Customer Services who will be able to direct you further on how to return your item to us.
Please bear in mind that all items are inspected on return, and those with wear and tear rather than a fault may not be refunded in full.
10. STUDENT DISCOUNTS
All students with a valid UNiDAYS Code are entitled to a 20% discount on all full price French Connection products (excluding Gift Cards and Homeware) purchased from the Website.
To redeem your student discount on the Website, login or register your student ID with MyUnidays and follow the steps to get your unique UNiDAYS code. Enter this code in the space provided at the online checkout for the discount to be applied.
Student Discounts may not be used in conjunction with certain promotions or offers. If this applies, an error message will be shown if you enter your code at the checkout.
We reserve the right to refuse to allow any individual to participate in our Student Discount offer, and to cancel or amend the terms of our Student Discount offer at any time without notice.
11. PROMOTIONS
We continually update our Website. In order to participate in or use certain services, promotions, discounts or coupons that may be run from time to time ("Offer(s)"), you may be required to agree to additional or different terms and conditions ("Additional Terms"). Certain merchandise, costs or membership programs, and/or other benefits may be modified or not available in connection with an Offer. Your acceptance or redemption of any Offer constitutes your unconditional acceptance of the Additional Terms. If there is an actual conflict between these Terms of Sale and any Additional Terms, the Additional Terms shall control and the non-conflicting provisions in these Terms of Sale will continue to apply. For the sake of clarity, silence with respect to a particular term in either these Terms of Sale or any Additional Terms does not constitute a conflict.
Promotions are invalid on sale items and Gift cards unless otherwise expressly specified.
Some Website promotions may not be available to customers in particular jurisdictions.
12. GOVERNING LAW; DISPUTES; CLASS ACTION WAIVER.
The laws of the State of New York shall govern these Terms of Sale. While we will make reasonable efforts to resolve any disagreements you may have with French Connection, if these efforts fail you agree that all claims, disputes or controversies against French Connection arising out of these Terms of Sale, or the purchase of any products or services (“Claims”) shall be exclusively submitted to binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and French Connection agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.
American Arbitration Association
Website: www.adr.org
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms of Sale, in which case these Terms of Sale will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator’s award is final and binding on the parties.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.
Class Action Waiver: YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF SALE, YOU AND FRENCH CONNECTION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.
Time Bar: ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE CLAIM.
13. CUSTOMER SERVICE
If you have any problems with our Website, products or services, or if you would simply like further information regarding our products or service, please contact our Customer Services department and we’ll do everything we can to help.
You can contact us by email on frenchconnection@frenchconnection.com, or you can call us on 1-866-932-3285.
Alternatively you can write to us at French Connection Website, 184-10 Jamaica Avenue
Hollis, New York 11423.
Our Customer Service hours are:
Monday – Thursday: 9 am – 5 pm (EST)
Friday: 9 am – 4 pm
14. GENERAL INFORMATION
Contracts for the supply of goods formed through our Website or as a result of visits made by you are governed by these Terms of Sale.
We will not be liable for any delay or failure to perform or comply with our obligations under these Terms of Sale by reasons, events or other matters beyond our reasonable control.
If any provision of these Terms of Sale is held invalided, void or unenforceable by a court or regulator, that term will be severable and rendered ineffective and will not affect the validity and enforceability of the remaining terms of this agreement. In such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
All provisions in these Terms of Sale, which by their nature are intended to survive expiration or termination shall survive any expiration or termination of this agreement.
We may revise these Terms of Sale at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Sale may also be superseded by provisions or notices published elsewhere on our Website.