Terms & Conditions
1. GENERAL PROVISIONS
Bryan Samuel. (“Bryan Samuel,” “we” and “us”) offers products from Bryan Samuel (“Product(s)”) for sale directly to its customers through this site www.bryansamuel.com (the “Site”). The sale of Products on the Site is subject to these Terms and Conditions of Sale (“Terms of Sale”). The Products offered for sale on the Site are sold by Bryan Samuel, a company organized and existing under U.S. laws, with registered office in Hollywood, FL registered with Federal ID#56-2544628
2. INFORMATION FOR CONSUMERS
2.1. The Products displayed on the Site are offered for sale to consumers only (”Consumer(s)” or “you”). The purchase of the Products on the Site is permitted only to individuals who are 18 years of age or over. The Products offered for sale on the Site can be purchased and shipped only to the countries indicated on the Site.
2.3 By submitting a purchase order you hereby accept and undertake to observe these Terms of Sale and represent that you have the right, authority, and capacity to enter into these Terms of Sale (on behalf of yourself or the entity that you represent). You may not accept the Terms of Sale if you are not at least 18 years old. If you do not agree with any of the terms set out in the Terms of Sale, you should not submit an order to purchase Products on the Site.
3. ORDER PROCEDURE AND ACCEPTANCE
3.1. For each Product offered for sale on the Site, a picture of the Product will be displayed on the Site, together with the unitary price, the colors and sizes available. Pictures of Products are provided purely to illustrate the Product. Bryan Samuel is not responsible for any inadequate graphical representation of the Products offered for sale on the Site.
3.3. It is possible to correct possible errors in the information entered during the purchase process until the submission of the order. Once the order is submitted you will not be able to amend or cancel it.
3.4. After the submission of the order, Bryan Samuel will send you an email to the address you entered during the purchase procedure; to confirm that Bryan Samuel has received the order and it is processing it (the “Order Confirmation Email”). Consumers' orders will be stored on Bryan Samuel’s database located in the United States at least for the time necessary to process the orders and, in any case, within the time limits and pursuant to the applicable laws and regulations. Consumers will be able to access their orders at any time through the ‘My Account’ section on the Site, if they have registered to have ‘My Account’ functionality on this Site, or by contacting the Customer Services at firstname.lastname@example.org
Please note that the Acknowledgement Receipt does not constitute acceptance by Bryan Samuel of your order. Bryan Samuel will accept the order and your credit card will be debited only after the Product(s) you ordered are dispatched. At this point Bryan Samuel will send you another email where it confirms that your order has been accepted and the Products have been shipped (the ‘Shipping Confirmation’). A paper invoice will be included with delivery of the Product.
3.5. Bryan Samuel reserves the right to refuse orders made by Consumers it considers, in its sole discretion, as not having the requirements to place a purchase order or with whom a legal dispute regarding a previous order is on-going or for any other legitimate reason, without any need to provide the reasons for the same. Bryan Samuel reserves the right to refuse and not to process orders which, in its sole discretion, appear to be sent by dealers and/or distributors.
4.1. Bryan Samuel invites you to check the availability of Products offered for sale on the Site at the time of purchase, since Products sold by Bryan Samuel on the Site may be subject to stock limits and Bryan Samuel does not guarantee that they will always be available.
4.2. In the event of temporary unavailability of the Products you ordered, Bryan Samuel will use reasonable efforts to inform you within 24 hours by sending you an e-mail. If the Product/s is/are not available, no amount will be deducted from your credit card. If the purchase amount has already been charged, a refund will be issued within 14 days.
5. PRICES AND PAYMENT
5.1. Prices of the Products available for sale on the Site are in US Dollars ($) and your purchases on the Site will be charged to you in US Dollars. All prices of the Products for delivery will be inclusive of duties but exclusive of shipping costs and sales tax when applicable, which will be charged separately, if delivered in the US. If delivered outside the US, all prices of products will be inclusive of estimated tax and duties, but exclusive of shipping costs which will be charged separately. Shipping costs are dependent upon the shipping destination and the type of delivery selected during the purchase procedure. Shipping costs, and any other applicable taxes or duties will be itemized on the order check-out page, in the Order Confirmation.
5.2. If you make such a purchase, you agree to pay the then-current applicable fee listed on the Site and agreed to at checkout. We utilize a third party (“Payment Provider”) to process payments. You must provide our Payment Provider with a valid credit card (Visa, MasterCard, American Express or any other issuer accepted by us) as a condition to such transactions. The Payment Provider’s policies govern the processing of your payment, and you must refer to those policies and not these Terms of Sale to determine your rights and liabilities. By providing your credit card number and associated payment information through the Services, you authorize us through our Payment Provider to immediately invoice you for all fees and charges due and payable to us hereunder, and you agree that no additional notice or consent is required. You may make the purchase using any payment method available on the Site at the time of purchase, currently MasterCard, Visa and American Express.
5.3. The purchased Products will only be sent after the Consumer’s credit card data have been verified or only after having received the charging authorization from your bank. Verification of the payment card data can cause delays, but will be kept to a minimum and normally don’t require more than 24 hours, although it can be more. The Consumer’s payment card will only be debited after dispatch of the Product(s). The charge will in any case be made only after dispatch of the Products ordered.
5.4. All Products are supplied with an identifying card setting out an identification number forming an integral part of the Product concerned. Do not remove the card and related identification number from the purchased Products until you have verified that the Products conform to the Products you ordered or until you decide not to exercise your right of withdrawal under Section 9 below.
6.1. The Products will be dispatched to the address provided during the purchase process. For security reasons, Bryan Samuel will not ship any order to an APO / FPO or P.O. Box or accept any order where it is impossible to identify the individual private recipient of the order, and its address.
6.2. All purchases will be delivered by Bryan Samuel’s selected courier service (UPS in the US, DHL in the Rest of the World), hereinafter, “Courier”, between Monday and Friday excluding Saturdays, Sundays and local or national holidays, after the Shipping Confirmation is sent to you, on the basis of the indicated availability. Saturday delivery may be available when offered by the Courier. Conditions for delivery on Saturday will be presented at the time of offer.
For USA, Products will be delivered within 2-3 (two to three) business days from the Order Confirmation if Standard Shipping has been chosen. Products will be delivered within 1 business day if Next Day Delivery is chosen. For other countries, the local shipping times and costs apply. In any case, Bryan Samuel will not be responsible for delays that are unforeseeable and/or attributable exclusively to the Courier.
6.3. In the event you do not receive the Products within 4-5 (four to five) business days following receipt of the Shipping Confirmation, we invite you to contact Bryan Samuel by emailing: email@example.com
Bryan Samuel reserves the right not to respond to complaints of non-delivery if you do not notify Bryan Samuel within 7 - 10 (seven to ten) business days from receipt by you of the Shipping Confirmation. Before we can dispatch your purchases, we may need to confirm your details with your card issuer. We will do our best to keep delays to a minimum and they normally don’t require more than 24 hours.
6.4. Pre-ordered items will be dispatched as soon as they are available, as indicated on the website at the moment of placing the order. You will receive a shipping confirmation email as soon as the order is shipped and delivery will take the same time as other orders, based on the type of delivery chosen.
7. CHANGES TO, AND CORRECTIONS OF, THE TERMS OF SALE
7.1 These Terms of Sale are subject to occasional revision, and if Bryan Samuel makes any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on the Site. Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on the Site. These changes will be effective immediately for new users of the Site. You are responsible for providing Bryan Samuel with your most current e-mail address. In the event that the last e-mail address that you have provided Bryan Samuel is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
7.2 We will make all reasonable efforts to ensure that prices and other information about Products displayed on the Site are accurate and up-to-date. However there may occasionally be typographical errors, incorrect statements or omissions (hereinafter “Errors”) regarding the description of the Product, the price, any promotions, offers and the availability of the Product concerned. Bryan Samuel reserves the right, at any time and without notice to you, to correct such Errors, to change or update information, to revoke offers containing such Errors and to cancel any order at any time prior to shipment.
7.3. In the event that your credit card is charged for a cancelled order, you will be promptly informed by Bryan Samuel at the email address provided during the purchase process registration and a refund will be issue to your credit card within 14 (fourteen) days.
7.4. All changes and/or corrections mentioned above will apply only to purchase orders submitted subsequently to the date of the change or correction effected by Bryan Samuel.
8. CONFORMITY OF ORDERS
8.1. Products must be checked by you at the time of delivery to you to ensure that they correspond to the Products you ordered.
8.2. Any anomalies identified at the time of delivery, including without limitation any tampering or damage to the packaging, damage to the Products, items missing, non-conformity to the Products ordered, defective Products, etc. (hereinafter “Defects”), can be indicated by the Consumer directly to the Courier by inserting a written and signed comment on the Delivery Note. In such circumstance the Consumer will not be required to accept the Products and may return them directly to the Courier.
8.3. In the event that any Defects are identified after delivery, the Consumer may return the Product to Bryan Samuel following the procedure described under Section 10 below.
9. RETURNS AND REFUNDS
9.1. Consumers are entitled to return a product through the Site for a refund without any reasons, within 14 (fourteen) business days from the date of receipt of the Products purchased on the Site, but solely as permitted in this Section. When exercising the right of withdrawal Consumers are not allowed to change the purchased Product with another Product.
9.2. In order to return any purchased Product, Consumers are required to return the merchandise in its original ‘as new’ condition to the Bryan Samuel Returns Center. Products purchased online cannot be returned for a refund to any retailers who carry Bryan Samuel products.
9.3. A refund will be issued to the purchaser of the Product, provided that Products are returned unused, unwashed and in the same condition in which they were delivered, with all original labels attached and complete with all parts and accessories using their original packaging. In case the right of return is exercised for all the Products included in the same purchase order, all Products must be returned to us contemporaneously with the same shipment.
9.4 Bryan Samuel reserves the right to inspect the Products returned and to refuse the return of those Products which do not comply with the requirements specified under 9.3 above.
9.5. A full refund, excluding the original shipping costs, will be issued to the same means of payment used for the purchase as soon as possible and in any case within 14 (fourteen) days from the date on which Bryan Samuel has first acknowledged the receipt of the returned merchandise sent by the Consumer, and provided that the conditions described under section 9.3 above have been met.
In case of return of Products purchased as a gift (i.e. Products shipped to a recipient different from the person who made the payment), the refund will be issued to the person who made the payment. The clearance date of the repayment will be the same as the initial payment to Bryan Samuel. As a consequence, the party who made the payment will not suffer any loss in terms of bank interest.
9.6. To return the Products to Bryan Samuel, Consumers should use the pre-paid return label provided with the delivered package. This pre-paid return label should be affixed on the package, which should then be dropped at the nearest collection center of the relative courier, which is UPS for USA, DHL for all other countries. Alternatively, Consumers may contact the courier to arrange for pick-up at an address of their choosing, and in such an event, the Consumer should:
1. Check the presence of the label and commercial documents accompanying the Products within the package;
2. Request from the Courier a copy of the receipt for the collection of the Product, duly signed by the Courier, and keep it as evidence of the collection. In this case all the shipping costs, including the costs for returning the Products to Bryan Samuel will be borne by Bryan Samuel.
If the consumer elects not to use the Courier used by Bryan Samuel, Bryan Samuel recommends that Consumers insure the whole value of the Product being returned, obtain and carefully preserve the shipping receipt and number. In this case shipping costs for returning the Products shall be borne by the Consumer and Bryan Samuel will not be liable for refunding the price of Products sent by the Consumer which have not been received by Bryan Samuel as a consequence of loss, theft or damage not attributable to Bryan Samuel.
Products shall be returned to the following address:
10. BRYAN SAMUEL LIABILITY
10.1. Products offered for sale on the Site are supplied ‘according to availability’. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND PRODUCTS IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND CONTENT, PRODUCTS, SERVICES OR INFORMATION PROVIDED BY THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BRYAN SAMUEL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND SERVICES AND ANY CONTENT, PRODUCTS, SERVICES OR INFORMATION PROVIDED BY THE SITE EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR ANY CONTENT, PRODUCTS, SERVICES OR INFORMATION PROVIDED BY THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BRYAN SAMUEL OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY.
10.2. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL BRYAN SAMUEL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SALE, THE SITE, THE PRODUCTS OR ANY PURCHASE MADE THROUGH THE SITE. THE DISCLAIMER INCLUDES, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR ANY PROUDCT; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER MATTER RELATED TO THE SITE OR PRODUCTS, WHETHER OR NOT BRYAN SAMUEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. UNDER NO CIRCUMSTANCES WILL BRYAN SAMUEL BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY BRYAN SAMUEL FOR THE APPLICABLE RELATED PURCHASE, OR IF NO PURCHASE WAS MADE, BRYAN SAMUEL’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
10.3. Without prejudice to sections 11.1 and 11.2, nothing in these Terms of Sale will exclude or limit Bryan Samuel’s liability to you for fraud, death or personal injury caused by Bryan Samuel’s negligence, breach of terms regarding title implied under the applicable Consumer Protection laws or any other liability which the applicable laws state may not be excluded or limited.
11. GOVERNING LAW AND JURISDICTION; MISCELLANEOUS
11.1. The laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Terms of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these Terms and Sale shall be brought solely in the City of Miami, State of Florida.
11.2. Our failure to exercise or enforce any right or provision of these Terms of Sale will not operate as a waiver of such right or provision. The section titles in these Terms of Sale are for convenience only and have no legal or contractual effect. The word including means “including without limitation”. If any provision of these Terms of Sale is, for any reason, held to be invalid or unenforceable, the other provisions in these terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Bryan Samuel is that of an independent contractor, and neither party is an agent or partner of the other. These Terms of Sale, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of these Terms of Sale will be binding upon assignees. We shall not be liable for any delay or failure in performance caused by circumstances beyond our reasonable control.
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