Standard Terms and Conditions

GEMY MAALOUF

 Standard Terms and Conditions

Last Updated: June 20, 2017

These Terms and Conditions will be updated from time to time. Visit www.gemymaalouf.com for most up to date version.

 

These standard terms and conditions (“Terms and Conditions”) apply to all sales by GEMY MAALOUF. (“GEMY MAALOUF”, “we”, or “us”) to the person or entity purchasing goods from GEMY MAALOUF (“buyer”, “purchaser”, “customer” or “you”). All orders, sales and invoices issued by GEMY MAALOUF shall also be governed by these Terms and Conditions.

 

By ordering from GEMY MAALOUF, purchasing goods from GEMY MAALOUF, and conducting business with GEMY MAALOUF, you acknowledge and agree to all the Terms and Conditions set forth herein:

 

Terms and Conditions:

1.Limitations of Remedy and Liability. GEMY MAALOUF’s liability in its dealings with the buyer, including under these Terms and Conditions, is strictly limited to the value of the sale or invoice, not to exceed $1,000.

2.Contingencies. GEMY MAALOUF shall not be liable to buyer for any loss or damage suffered by buyer directly or indirectly, as a result of GEMY MAALOUF’s failure to deliver or delay in delivering merchandise or failure to perform, or delay in performing under these Terms and Conditions, or under any other agreements between the buyer and GEMY MAALOUF, where such failure or delay is caused by fire, flood, natural disaster, labor trouble (including without limitation strike, slowdown and lockout), war, riot, civil disorder, embargo, government regulations or restrictions of any and all kinds, expropriation of plant by federal or state authority, interruption of or delay in transportation, power failure, inability to obtain materials and supplies, accident, explosion, act of God or other causes of like or different character beyond Jovani’s control (“Conditions”). The time for delivery specified shall be extended during the continuance of such Conditions, and for a reasonable time thereafter.

3.Payments. Payments are to be made in U.S. currency. Prices invoiced will be those in effect at the time of shipment. We reserve the right to place a service charge on past due accounts or invoices at the highest rate permitted by law.

4.Orders. All orders are final and cannot be changed. Once an order is ready to be invoiced, you authorize GEMY MAALOUF to charge your credit card and ship your open orders to you.

5.Risk of Loss. The risk of loss or destruction of, or damages to, the product shall be on the buyer from: a) the point of delivery; or b) delivery to the buyer or the buyer’s representative, whichever first occurs.

6.Trademarks. GEMY MAALOUF is the owner all trademarks and logos related to GEMY MAALOUF (“GEMY MAALOUF Trademarks”), and GEMY MAALOUF owns all rights therein, including those registered throughout the world, and those pending registration. Nothing in the dealings between the buyer and GEMY MAALOUF shall give the buyer any right, title or interest in or to the GEMY MAALOUF Trademarks. Buyer agrees that it will do nothing inconsistent with GEMY MAALOUF 's ownership of the GEMY MAALOUF Trademarks and shall not claim adversely to GEMY MAALOUF, or assist any third party in attempting to claim adversely to GEMY MAALOUF, with regards to such ownership. Buyer shall not directly or indirectly disrupt GEMY MAALOUF’s rights to the GEMY MAALOUF Trademarks in any jurisdiction, or otherwise question the validity of GEMY MAALOUF’s ownership rights to the GEMY MAALOUF Trademarks. Buyer will not register, nor attempt to register, any trade name or trademark which, in whole or in part, incorporates or is confusingly similar to any GEMY MAALOUF Trademarks.

7.Copyrights.

a. GEMY MAALOUF considers its dresses, prints, textile, fabric, patterns, arrangements, designs, photographs, catalogs and any other copyrightable work (“GEMY MAALOUF Copyrights”) to be its proprietary material under all International copyright laws. Full and unlimited copyrights and ownership to all GEMY MAALOUF Copyrights is held, and shall continue to be held by GEMY MAALOUF in accordance with any and all applicable laws.

b. Customers must obtain written approval from GEMY MAALOUF before displaying or otherwise using any GEMY MAALOUF Copyrights. All customers must clearly and visibly credit GEMY MAALOUF for such use. Any violation or unauthorized use of GEMY MAALOUF Copyrights shall be prosecuted to the fullest extent permissible under all applicable laws.

c. Customers shall not copy or make derivative works of any of GEMY MAALOUF Copyrights without express authorization from GEMY MAALOUF.

8.Advertising. Customers may not use any GEMY MAALOUF Copyrights or GEMY MAALOUF Trademark for any advertisements without first obtaining the prior express written approval from GEMY MAALOUF after completing GEMY MAALOUF’s Photograph Use Agreement. Any advertisement that includes GEMY MAALOUF thereafter, including on the customer’s website, stores, print advertisement in any medium, shall visibly and clearly credit GEMY MAALOUF, utilizing the official GEMY MAALOUF logo. The customer may not remove or crop any GEMY MAALOUF logos or watermarks from any copyrighted GEMY MAALOUF images provided to the customer. The Customer is responsible for ensuring that these Terms and Conditions are complied with when producing an advertisement with any 3rd party. GEMY MAALOUF shall have the right to use customer’s advertising materials created by the buyer for its marketing activities.

9. GEMY MAALOUF Account. All customers that use an assumed name or “doing business as” name, including a different name for their websites, social media pages and as their retail locations must report their assumed name to GEMY MAALOUF so it may be linked to their accounts. Failure to report an assumed name may result in GEMY MAALOUF submitting a copyright infringement and/or trademark infringement report for the removal of GEMY MAALOUF intellectual property used by unauthorized individuals or entities.

10.Trans-Shipping. Customers shall not trans-ship GEMY MAALOUF dresses to unauthorized retailers or sell in jurisdictions where the customer is not authorized to sell.

11.Discounting. Authorized GEMY MAALOUF retailers must not discount GEMY MAALOUF dresses below the authorized MSRP of their jurisdiction.

12.Renting. Authorized GEMY MAALOUF retailers may not rent GEMY MAALOUF dresses.

13.Residential Sales. Authorized GEMY MAALOUF retailers may not sell GEMY MAALOUF dresses in residential locations.

14.Commercial Sales. Authorized GEMY MAALOUF retailers may only sell GEMY MAALOUF dresses in the commercial retail location that they have opened their J GEMY MAALOUF account under or placed an order under. Should GEMY MAALOUF discover you selling in unauthorized locations, or unreported locations that have not been approved by GEMY MAALOUF, then we reserve the right to hold and/or cancel your order(s) and close your account.

15.Counterfeit Sales. No GEMY MAALOUF customer shall sell or offer to sell counterfeit GEMY MAALOUF dresses.

16.Relationship. The relationship of GEMY MAALOUF and the buyer established by transactions under these Terms and Conditions shall be strictly a relationship of seller to purchaser. These Standard Terms and Conditions do not establish any employment, partnership, joint venture, distributorship, sales representation, or any relationship of any kind other than that of seller to purchaser.

16.Online Policies.

a. Unless buyer is deemed an authorized online retailer, theyare not permitted to sell GEMY MAALOUF dresses online. While you may request the copyrighted GEMY MAALOUF images to advertise on your websites, buyer cannot have online shopping carts or display prices for GEMY MAALOUF dresses.

b. Buyer may not use the copyrighted GEMY MAALOUF images to sell or offer for sale GEMY MAALOUF dresses on auction websites, e-commerce platforms or social commerce websitessuch as, but not limited to, Amazon.com, shopping.yahoo.com and Ebay.com, unless given express written consent by GEMY MAALOUF.

17.Return Policy. GEMY MAALOUF Items are not eligible for return or exchange. GEMY MAALOUF does not issue refunds. 
GEMY MAALOUF Items are FINAL SALE.

18.Reservation of Rights. All orders placed by you indicate your agreement with these Terms and Conditions and customers must abide by them. GEMY MAALOUF reserves the right to hold or cancel your order(s), and/or close your GEMY MAALOUF account if you are found violating any of the GEMY MAALOUF Terms and Conditions. By continuing to place orders with GEMY MAALOUF, it is assumed that you have read and agree to all the above Terms and Conditions. As always, we thank you for your business.