Terms And Conditions
Welcome to the gigik Collection Inc website, located at http://www.gigiknewyork.com and operated by gigik Collection Inc (the “Site”). These Terms and Conditions apply to the use of the Site. Your use of the Site means that you agree to these Terms and Conditions and constitutes a binding agreement between you and gigik Collection Inc. Do not use the Site if you do not agree to these Terms and Conditions in their entirety. References in these Terms and Conditions to “we”, “us” or “our” mean gigi k Collection Inc.
MERCHANDISE AND PURCHASES
Please keep in mind that while we might offer a variety of merchandise for sale on the Site, we cannot guarantee availability at a particular time. We reserve the right to change our merchandise offerings at any time. We also reserve the right to change prices, contents, features and offerings, and adjust accessibility, of the Site from time to time in our discretion.
To make purchases through the Site you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card; (ii) your credit card number; (iii) the credit card type; (iv) the security code for such credit card (usually on the back of the card); and (v) the date of expiration. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience, but within thirty (30) days of credit card authorization. Purchase transactions are subject to our returns policies as they may be in effect from time to time. You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We shall not be liable in the event your children or others acting with or without your permission use your credit card to make purchases on the Site (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so); however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.
All domestic orders will be shipped via USPS Ground, unless otherwise specified.
Orders shipped to addresses in the United States will be subject to appropriate sales tax, if applicable. In- stock merchandise will be shipped promptly after receipt of your order whenever possible. We will notify you via the email address that you provide if your merchandise is not in stock. You will receive an email confirmation with a tracking number once your order has been shipped. We are unable to ship to P.O. boxes or APO/FPO addresses.
We accept Visa and MasterCard, Discover and American Express.
RETURNS / EXCHANGES
You may return undamaged items purchased from the Site. Such items must be in saleable condition (in the original packaging if possible) and must be returned within 7 business days of the original delivery. No items may be returned if they have been worn. No returned merchandise will be accepted without the original sales or gift receipt. A refund will be made to the purchaser upon request if payment has been received. We will credit you in the same manner as your original payment within thirty (30) days of receiving the returned item. Gift recipients are entitled to a nonrefundable merchandise credit or an exchange. To return or exchange a gift, please follow the instructions included with your package. If possible, please use the original box and packaging materials for your return shipment. Please complete the section for returns on the packing-slip and enclose it in your return package. Please use the return label provided with your original shipment when returning your order. You can return your package at any USPS Location.
If you prefer to pay for return postage yourself, please send the return to:
gigik Collection Inc
42 University PL
New York , NY 10003
The Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, graphics, photographs, images, video, and audio (collectively, “Materials” ) are copyrighted by or otherwise proprietary to gigik Collection Inc,and their affiliates, and are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by gigik collection Inc as a service to its current and prospective customers and may be used only for personal informational and merchandise ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Site or any of its Materials without our prior written permission; (b) you may not access or use the Site for any competitive or commercial purpose; and (c) you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Materials is prohibited. Gigik Collection Inc may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by gigik Collection Inc, gigik and their affiliates, and their licensees and licensors.
gigik Collection Inc, gigik and their affiliates retain all rights regarding their trademarks, service marks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of gigik Collection Inc, gigik or their affiliates and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these Terms and Conditions or by your use of the Site. Your misuse of the trademarks or other marks, names or trade dress displayed on the Site is strictly prohibited. You are also advised that gigik Collection Inc, gigik or their affiliates will aggressively enforce their intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
One or more patents may apply to this Site.
Gigik Collection Inc may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. Gigik Collection Inc also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Gigik Collection Inc may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Site after any changes to these terms are posted will be considered acceptance of those changes.
WARRANTY DISCLAIMER; Limited Liability
This Site, ALL Content available on this Site AND ALL MERCHANDISE SOLD ON THIS SITE are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of accuracy, warranties of title or implied warranties of merchantability or fitness for a particular purpose, except that gigik collection Inc assumes responsibility for the merchandise purchased by you being free of defects. SLIGHT VARIATIONS OF THE PRODUCT, IN PARTICULAR THE COLOR, DO NOT REPRESENT DEFECTS AND DO NOT GIVE RISE TO A WARRANTY CLAIM. You acknowledge by your use of this Site that your use of this Site is at your sole risk that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Site.
Under no circumstances, including but not limited to negligence, shall gigik Collection Inc, gigi k or their affiliates be liable for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL, consequential or other damages that result from the use of, or the inability to use, this Site, even if gigi k Collection Inc, gigi k or any affiliate representative of any such company has been advised of the possibility of such damages (the foregoing being subject to any contrary provisions of applicable law). Gigi k Collection Inc, gigi k and their affiliates expressly disclaim any liability in connection with your use of any Content derived from the Site.
These terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. All users agree that any legal actions related to the Site shall be brought and conducted in Manhattan, New York, and users hereby consent to jurisdiction of such county. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding these Terms and Conditions, please contact us at the following email address: firstname.lastname@example.org
Thank you for visiting http://www.gigiknewyork.com (the “Site”).
COLLECTION OF INFORMATION
On the Site, you may be able to purchase merchandise, become a registered user, or otherwise store other information on the Site. We may need or request certain types of personally identifiable information (i.e., information that can directly identify you or indicate where you might be contacted, such as name, address, age, date of birth, sex, e-mail address, telephone number, fax number, and credit card information) and collect it in connection with these various activities and offerings. We do not consider indications of your interests, likes and dislikes, or general characteristics such as clothing size, to be personally identifiable information unless it is somehow grouped with other information so as to permit identification of you specifically; but from time to time we may collect such information also, in order to provide you better service or to get to know our user base and its general traits.
Sometimes you can submit information about other people. For example, you might order a gift online and want it sent directly to a friend so you might submit the friend’s name and address, should we be offering that service. The types of personally identifiable information that may be collected about other people at these pages may include: recipient’s name, address, age, date of birth, e-mail address, sex and telephone number.
The personal information you provide is considered a gigi k Collection Inc asset and may be included among our transferred assets and the assets of any or all of our affiliates if any of their assets is ever acquired by a third party. The personal information also will be processed and transferred to certain of our affiliates, including gigi k. See “Use of Information” section below, including Declaration of Consent.
USE OF INFORMATION
We use personally identifiable information for various purposes. For example, we may use information you provide to process your purchases of merchandise, or to provide for merchandise delivery to your home or to a friend. As a registered user, you provide us with information that we maintain and reference as part of our attempts to provide better and more personalized service to you. We might also use online registries or other databases to permit you to use and participate in certain portions in or features of our Site. In addition, unless you tell us not to, we may provide you with certain information about our merchandise, sales or other offerings, and other marketing materials designed to help you use our Site or to visit stores carrying our merchandise. We also may use such information to make our online marketing and other communications with you more efficient. Similarly, we and gigi k may use personally identifiable information in connection with certain of our and their activities alone or with other affiliates, as well as with other third parties, such as data processing, marketing efforts, co-sponsorships, and other initiatives. We also collect this information as may be reasonably necessary for tracking/verifying compliance with federal, state and local laws or for editorial and feedback solicitation purposes.
We may from time to time augment information you give us with information from other sources, such as information validating your address. Thus, information we obtain through the Site may be intermingled with and used in conjunction with information obtained through sources other than the Site, including both offline and online sources.
We sometimes share personal information given to us with third parties, including third party service providers, advertisers, business partners, sponsors and other third parties.
We may offer e-mail services or promotions that are sponsored by or co-sponsored with non-affiliated companies. Based on our agreement with them, these third parties may obtain personally identifiable information that site visitors voluntarily submit to participate in the contest, sweepstakes, or promotion. We have no control over the use of this information by these companies or their privacy policies.
All information you provide will be processed and maintained either by gigi k Collection Inc through and to servers located in the United States, or by gigi k. By using the Site, you authorize the export of personal information to gigi k America and its affiliates in Japan and its storage and use as specified in these Terms and Conditions when you provide such information to us. See “Declaration of Consent” below.
Declaration of Consent. With my signature, I hereby agree that my personal details namely my first name and surname, gender, address, telephone number, email address, date of birth, as well as my response and purchasing behavior can be processed by gigi k America for sending information and newsletters on clothing, fashion trends, sales promotions and events by post, e-mail or telephone and call be passed onto the subsidiaries and their vendors and service providers to call my phone using an automatic telephone dialing system and/or artificial or prerecorded voice for the purpose of sending information on clothing, fashion trends, sales promotions and events. I understand that I am not required to submit my information via this registration form as a condition of purchasing any property, services, or goods. In the case of text messages, standard message and data rates may apply. I also hereby agree that gigi k subsidiaries may send me promotional newsletters and information by post or email. I am informed that the date listed above can also be passed onto non EU countries where a lower level of data protection may exist. I can withdraw this agreement at any time by writing to gigi k, gigi k 42 University Pl New York NY 10003 , America or by e-mail to email@example.com.
We strive to make sure your preferences are respected. Therefore, you can tell us if you don’t want us to share your personal information with third parties (other than in connection with administration of the Site, as provided above under Use of Information and Declaration of Consent, or use over which we have no control, as described above) and we will endeavor to respect that. In any event, when you receive e-mails or other communications from us or our affiliates, you should have the ability to “opt out” of receiving any further such communications. Note that if you’ve signed up or provided information at different times for different purposes, you may have to opt out multiple times.
Notice to California Residents – Your California Privacy Rights (As Provided by California Civil Code section 1798.83).
A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (a “California Customer“) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. California Customers may request further information about our compliance with this law by e-mailing firstname.lastname@example.org. Please note that we are required to respond to one request per California Customer each year, and we are not required to respond to requests made by means other than through this e-mail address.
If you do not wish us to install cookies on your computer for these purposes, you may change the settings on your internet browser to reject cookies. For more information, please consult the “Help” section of your browser. Please note that if you do set your browser to reject cookies, you may not be able to use all of the features of the Site.
We are committed to treating your personal information with high standards of information security. We work hard to maintain the security and accuracy of personally identifiable information we collect, including limiting the number of people who have physical access to our database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. We use Secure Socket Layer (SSL) technology to protect the security of your credit card information as it is transmitted to us. Also, our customer service center operates over a private network. Please note that e-mail is not encrypted and is not considered to be a secure means of transmitting credit card information.
We do not intentionally gather personal information about visitors who are under the age of thirteen (13). You must be at least eighteen (18) years old to register for an account. By registering, you certify under penalty of law that you are at least eighteen (18) years old. We ask that children do not submit information to us without the consent of a parent or guardian.
If required by law, court order or in the good faith belief that disclosure is otherwise advisable, we may disclose your information.
You may not use the Site from outside of the United States. If you are outside of the United States, please go to our site www.gigiknewyork.com to be directed to the appropriate gigi k website from which you may purchase merchandise. This policy and our legal obligations are subject to the laws of the State of New York and the United States, regardless of the location of any user, and such laws regarding processing of personal information may be less stringent than the laws in your country. Any claims or complaints must be filed in the state and federal courts located in the Borough of Manhattan, New York.
LINKS TO OTHER SITES
42 University Pl
New York, NY 10003
Our Customer Service telephone number is 212-677-1122