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.
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 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 provided during the order 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
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 will be exclusive of shipping costs and sales tax when applicable will be charged separately, if delivered in the US. If delivered outside the US, estimated tax and duties will be charged separately and exclusive of shipping. 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 and the Order Confirmation.
5.2. If you make a purchase, you agree to pay the current applicable fee listed on the Site and displayed 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 purchase.
5.3. The purchased Products will only be sent after the Consumer’s credit card data have been verified and after having received the charging authorization from their bank and/or charge card issuer. 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 be debited at the time of dispatch of the Product(s).
6.1. The Products will be delivered 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.
6.2. All purchases will be delivered by Bryan Samuel’s selected courier service, hereinafter, “Courier”, between Monday and Friday excluding Saturdays, Sundays and local or national holidays.
For the USA, Products will be shipped within 3-8 (three to eight) business days from the Order Confirmation if Standard Shipping has been chosen. Products will be shipped within 1 business day if Next Day Delivery is chosen as long as credit card data has been verified and charging authorization has been received from purchaser's bank and/or charge card issuer. For countries outside the USA, the local shipping times apply as well as appropriate duties and taxes. In any case, Bryan Samuel will not be responsible for delays that are unforeseeable and/or attributable exclusively to the Courier.
6.3. 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 of the Order 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 shipped as soon as they are available. Customer(s) will be charged at the time of purchase.
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 (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 issued to your credit card within 14 (fourteen) days.
8. CONFORMITY OF ORDERS
8.1. Products must be checked by the customer at the time of delivery to ensure that they correspond to the Products ordered.
8.2. Packaged products leave Bryan Samuel customer ready. Any anomalies incurred during the time of delivery including any tampering or damage to the packaging can be communicated by customer directly to the courier.
9. RETURNS AND REFUNDS
9.1. Items purchased online must be returned within 14 days from the original date of purchase. After 14 days all sales are final and merchandise will not be eligible for return.
9.2. All items must be in original condition with original tags attached. Merchandise that has been worn, used, altered or damaged will not be accepted.
9.3. Returns will be processed approximately within 7-14 business days. You will receive an email confirmation when your return has been processed, inspected and approved for resale. Refunds will be returned to the original form of payment.
9.4 Bryan Samuel reserves the right to refuse, return of any merchandise that does not meet the above requirements at our sole discretion.
9.5. A full refund, excluding the original and return shipping costs, will be issued to the original form of payment used for the purchase, provided that the conditions described under section 9.2 above have been met.
9.6 Bryan Samuel does not assume responsibility for reimbursement or compensation in the event that the return packages are lost , stolen, mis-handled or damaged.
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 MERCHANT-ABILITY, 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 PRODUCT; 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 Florida (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 Fort Lauderdale, 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 assignee's. We shall not be liable for any delay or failure in performance caused by circumstances beyond our reasonable control.