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Terms & Conditions

Terms & Conditions

Terms & Conditions

These terms, conditions and notices (these "Terms & Conditions") apply when you shop with us or use the French Connection website located at usa.frenchconnection.com (the “Website”).  

 

By using the Website (including accessing and browsing) and/or placing an order, you are agreeing to all of these Terms & Conditions (including without limitation our Terms of UseTerms of Sale and Privacy Policy).  We therefore recommend that you read these Terms & Conditions carefully and save a copy of them for future reference.  

 

Please also visit our Help pages (which also form part of these Terms & Conditions) for more practical information on [Delivery and Returns].  

 

We amend our Terms & Conditions and Help pages every so often and keep them updated so please remember to check these Terms & Conditions periodically and take notice of any changes we may have made as the latest set will apply.   

 

NOTICE REGARDING DISPUTE RESOLUTION:  THESE TERMS OF USE 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

 ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THE WEBSITE OR ANY ASSOCIATED WEBSITES, PLEASE CONTACT US TOLL FREE AT 888.741.3285, 24 HOURS A DAY, 7 DAYS A WEEK OR VIA OUR CONTACT US AT FRENCHCONNECTION@FRENCHCONNECTION.COM

  1. ABOUT US

 

The Website is owned and operated by Roosevelt Connection, Ltd. a company incorporated in the state of New York with its registered office at 184-10 Jamaica Avenue, Hollis, NY 11423 (“French Connection”).

French Connection is part of the French Connection Group details of which can be found here. Other members of the French Connection Group may be involved in providing certain services available through the Website to you. All members of the French Connection Group are intended to benefit from French Connection’s rights under these Terms & Conditions, but are not parties to these Terms & Conditions.

 

  1. YOUR USE OF OUR SERVICES

 

These Terms & Conditions, along with our Terms of Use govern your use of the Website, regardless of how you access the Website, including any technologies or devices by which we make the Website available to you at home, or on the move. The Website is provided for your personal and non-commercial use.  They also govern our use of any text, images, graphics, videos, photos, pictures, artwork, ideas, materials, or other information (including without limitation comments, blogs, feedback, reviews, suggestions, questions) (“User Content”) you post onto the Website, affirmatively agree we can use, or otherwise disclose or submit to us.

 

Please take the time to read these carefully, as they form part of our binding contract, and include important legal terms and conditions which apply to you.

 

  1. CREATING AN ACCOUNT

 

In order to access certain services on the Website, you may be required to provide specific information. When you create an account we will ask you to provide us with certain personal information and create a password to maintain your account security.

Please take care to ensure that the information you give us is truthful, complete, accurate and up to date. You may not use aliases or other means to mask your true identity.  You can update or correct your details at any time by going to Your Account. 

Take a look at our Privacy Policy for more details on how we will use your personal information.

Please remember to keep your password secret and ensure that you do not use the same password for multiple websites.  You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use and/or any purchases or activities made under such access codes or passwords. We strongly recommend that you use a password that is difficult for others to guess.

We will never, for any reason, ask you to send us the following information in an email:

  • Your national insurance number
  • Your bank account information, credit card number, PIN number or credit card security code
  • Your date of birth or any other information that could be used to identify you
  • Your French Connection Website password

If you do receive an email which purports to be from us and asks you to hand over sensitive personal information, please report this to the Federal Trade Commission Report Fraud. Whilst we have no direct power to stop these sorts of scams, should you become aware of or suspect any unauthorized use of your password or account, please Contact Us straight away.

We may suspend or terminate your access at any time with or without notice.

 

  1. HOW WE USE YOUR INFORMATION

 

Please review our Privacy Policy for information about how we use your personal data (whether provided through the Website, or otherwise).

 

Please review our Cookie Notice for information on how we use cookies.

 

 

  1. TERMS OF SALE

 

Our Terms of Sale apply to any order you place on the Website, regardless of how you access the Website.

 

By placing an order through the Website, you confirm that you have read, understood and agree to our Terms of Sale in their entirety. If you do not agree to our Terms of Sale in their entirety, you must not order any product or service through the Website. Please therefore take the time to read our Terms of Sale carefully, as they form part of our binding contract, and include important legal terms and conditions which apply to you.

 

 

  1. PRODUCT INFORMATION AND PRICING

 

The inclusion of any products on the Website does not imply or warrant that these products will be available at any particular time or that the listed attributes are accurate or complete.

Please take the time to read our Terms of Sale carefully.

 

 

  1. USER GENERATED CONTENT POLICY (Social MEDIA RELEASE)

 

You are responsible for any and all social media posts, content, materials or other information (including without limitation graphics, logos, marks, images, likenesses, photographs, code, videos, clips, GIFs, biographical information, usernames, pseudonyms, social media handles, text, comments, blogs, feedback, reviews, suggestions, or questions) (“User Content”) that you post on our Website, tag to or post on any French Connection related third party social networking site, or otherwise disclose or submit to us.

When you post any User Content on our Website, tag to or post any User Content on any French Connection related third party social networking site, or otherwise disclose or submit any User Content to us you agree to our Terms of Use including the terms of our User Generated Content Policy. If you do not agree to our Terms of Use or the terms of our User Generated Content Policy you should not post any User Content on our Website, tag to or post any User Content on any French Connection related third party social networking site, or otherwise disclose or submit any User Content to us. 

We reserve the right to amend our Terms of Use and the terms of our User Generated Content Policy at any time, so please check our Website each time you tag or upload any User Content.

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  1. DISCLAIMERS

 

WHILE FRENCH CONNECTION USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, FRENCH CONNECTION MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. FURTHERMORE, FRENCH CONNECTION ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE WEBSITE.

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND “AS AVAILABLE”. FRENCH CONNECTION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE FOR THE WEBSITE OR THE CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FRENCH CONNECTION DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FRENCH CONNECTION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU HAVE THE RIGHT EQUIPMENT (INCLUDING ANTIVIRUS SOFTWARE) TO USE THE WEBSITE AND TO DO SO SAFELY.

FRENCH CONNECTION SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL FRENCH CONNECTION BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING YOUR USE OF THE WEBSITE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for accessing this Website. 

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

 

 

  1. INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless French Connection, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law.

 

 

  1. CHANGES TO THESE TERMS & CONDITIONS

 

In order to provide you with the best products and experience our services are constantly evolving. We will therefore, from time to time, need to make changes to our Terms & Conditions (including our Terms of Use and Help Pages).

 

The changes will be effective immediately upon posting to the Website, and by continuing to use the Website, you will be deemed to accept any such variations. If you are not happy with the changes we make, you are free to stop using the Website. You should check the Website for such changes frequently.  Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.

 

Changes will not affect past purchases, which will be subject to the Terms & Conditions (including the Terms of Sale) in force at the time that you ordered the relevant products from us, unless any change is required by law, in which case it may apply to order previously placed by you.

 

 

  1. CUSTOMER SERVICE

 

If you have any concerns about material which appears on our site, or 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 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 – 5.30 pm (EST)

Friday: 9 am – 4 pm

 

 

  1. DISPUTES; GOVERNING LAW; CLASS ACTION WAIVER

The laws of the State of New York shall govern these Terms & Conditions. 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 & Conditions 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.

  1. GENERAL INFORMATION

 

These Terms & Conditions, together with any documents, policies or information linked or otherwise referenced in them, constitute the entire agreement between you and us.

 

We will not be liable for any delay or failure to perform or comply with our obligations under these Terms & Conditions by reasons, events or other matters beyond our reasonable control.

 

We reserve the right to take such action as we think appropriate in the event that you breach these Terms & Conditions. If we do not exercise a right available to us under these Terms & Conditions, this does not constitute a waiver of our rights. Our rights and remedies under these Terms & Conditions and any other applicable agreement between us and you, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

 

If any provision of these Terms & Conditions 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.

 

You may not assign or otherwise transfer this agreement or any rights or obligations under it without our prior written consent. We may assign or transfer this agreement, or any rights or obligations under it, on reasonable notice to you.

 

You and French Connection are independent contractors, and nothing in this agreement will create a partnership, joint venture, agency, franchise, sales representative or employment relationship between us.

 

All provisions in these Terms & Conditions, which by their nature are intended to survive expiration or termination shall survive any expiration or termination of this agreement.