Terms & conditions - USA
PART 1 — ONLINE STORE TERMS (US LEGAL ENGLISH)
ONLINE STORE TERMS
By accepting these Terms of Service, you represent and warrant that you are at least the age of majority in your state or province of residence, or that you have reached the age of majority in your state or province of residence and have provided us with your consent to allow any of your minor dependents to use this website. The Website is not intended for children under 13, and we do not knowingly collect personal information from anyone under 13.
You may not use our products for any unlawful or unauthorized purpose, nor may you, in the course of using the Service, violate any laws applicable within your jurisdiction (including, without limitation, intellectual property laws).
Any breach or violation of these Terms shall result in the immediate termination of your access to the Services.
PART 2 — DEFINITIONS
“Terms and Conditions” or “T&C” refers to these General Terms and Conditions of Sale governing the use of the Website and the process for placing Orders.
“Client” means any natural or legal person, whether or not holding a valid Account, placing one or more Orders.
“Order(s)” means any binding purchase order submitted by the Client for one or more Products available on the Website.
“Account” means a valid user account enabling a User to place Orders.
“Content” means any content (including text, audio, and video materials) published on the Website by D’ORSAY US INC and owned by D’ORSAY US INC.
“Personal Data” refers to any information relating to an identified or identifiable natural person, directly or indirectly, including but not limited to an identifier such as a name, identification number, location data, online identifier, or any elements specific to that person’s physical, physiological, genetic, mental, economic, cultural, or social identity.
“Privacy Policy” refers to the document issued by D’ORSAY US INC describing the processing of Users’ Personal Data and defining their associated rights.
“Product(s)” means the perfumery and cosmetic products, and more generally any items offered for sale by D’ORSAY US INC through the Website. All Products offered for sale on the Website are new.
“Website” or “Site” means the D’ORSAY US INC online store accessible from any device (including smartphones and tablets) at www.dorsay.us
PART 3 — PRESENTATION OF THE WEBSITE
The Website is operated by D’ORSAY US INC, headquartered at 244 5th Avenue, Suite A283, New York, NY 10001, USA.
The Terms and Conditions are accepted by Clients upon creating an Account and/or placing an Order and are available at all times on the Website.
Users acknowledge that they have read and understood the Terms and Conditions and agree to be legally bound by them.
D’ORSAY US INC is committed to providing an accessible online experience.
D’ORSAY US INC reserves the right, at its sole discretion, to amend the Terms and Conditions at any time. The applicable Terms are those accepted by the Client at the time the Order is placed.
PART 4 — ORDERING PROCEDURE ON THE WEBSITE
ORDER PLACEMENT THROUGH THE WEBSITE
Orders may be placed exclusively through the Website.
4.1. ACCOUNT CREATION OR USE OF THE WEBSITE AS A GUEST
To place an Order, the User may either create an Account by selecting a password or use the Website as a guest without creating an Account.
If an Account is created, the User will receive an email from D’ORSAY US INC confirming registration.
If the User already has an Account, he or she may log in using the associated password. User passwords are strictly personal and confidential.
D’ORSAY US INC recommends that Users regularly update their passwords and choose complex passwords including letters, numbers, and special characters. Users shall not disclose their passwords to any third party. Users shall be responsible for any loss or theft of their passwords if such loss or theft results from a fault attributable to them. In such cases, Users must notify D’ORSAY US INC without undue delay.
For additional information regarding the processing of Personal Data by D’ORSAY US INC, Users are invited to consult the Privacy Policy.
4.2. PRODUCT SELECTION AND ADDING PRODUCTS TO THE CLIENT’S CART
Users may select the Products of their choice, subject to availability for online sale and subject to the acceptance of D’ORSAY US INC regarding the requested quantity.
The total price excluding taxes and the total price including applicable taxes will be displayed on the Website. The Client may consult shipping fees, delivery times, and return conditions on the “Support” page.
To add a Product to the cart, the Client must:
- select the desired Product and quantity;
- click the “Add to Cart” button.
Each addition to the cart will be displayed by updating the number of items visible in the cart icon.
At any time, the User may access a summary of the selected Product(s), continue browsing to add additional items, or finalize the Order by proceeding to payment.
4.3. PAYMENT TO COMPLETE THE ORDER
Before finalizing the Order and proceeding to payment, the User will be directed to a page displaying the details of the selected Product(s), which may be modified.
Before payment, the User must provide billing and shipping information and choose the shipping method, including any applicable delivery fees.
The User will be informed of the estimated delivery time.
Before submitting payment, the User may review the Order and must accept the Terms and Conditions.
Payment may be made through any payment method offered on the Website, including major credit cards (including MasterCard, Visa, and American Express) and PayPal.
Orders will only be processed by D’ORSAY US INC once full payment has been received from the Client.
4.4. ORDER CONFIRMATION BY D’ORSAY US INC
Once the Order has been placed, the Client may access an Order summary from his or her Account, including the transaction number. This summary will also be emailed to the Client as confirmation of the sales contract concluded between the Parties.
These details constitute proof of the nature, substance, and date of the Order and shall be deemed conclusive, which the Client expressly acknowledges.
4.5. DELIVERY OF PRODUCTS TO THE ADDRESS PROVIDED BY THE CLIENT
Products will be delivered to the shipping address provided by the Client at the time the Order is placed.
The Client may track delivery progress using the tracking number.
The package may include complimentary samples offered by D’ORSAY US INC, which do not form part of the Order.
PART 5 — CUSTOMER CONDITIONS & WARRANTIES
The Client represents and warrants that he or she is of legal age in his or her state or province of residence and has provided consent for any minor dependents to use this Website in order to place an Order.
If the Order is placed on behalf of a legal entity, the User represents and warrants that he or she is duly authorized to place the Order on behalf of such entity.
In such cases, D’ORSAY US INC may limit the quantity of Products available for purchase depending on inventory levels, and Clients agree to purchase Products for personal use only and not for resale to third parties.
The Client warrants that the Products will not be delivered, sold, or distributed for commercial purposes.
Any Order placed in violation of this provision shall be deemed null and void.
By submitting an Order, the Client submits to D’ORSAY US INC a binding offer to purchase the Products placed in the cart. D’ORSAY US INC reserves the right to refuse, cancel, or terminate any Order at any time where circumstances warrant such action, including but not limited to violation of these Terms or suspected fraud.
PART 6 — PRODUCT INFORMATION & AVAILABILITY
Products offered for sale are those displayed on the Website and available for Order, subject to exceptional unavailability or withdrawal by D’ORSAY US INC.
Purchase offers, including promotional offers, remain valid as long as they are displayed on the Website. Any promotional offers not originating from the Website shall not be enforceable against D’ORSAY US INC.
D’ORSAY US INC uses its best efforts to comply with applicable consumer protection standards by publishing essential product characteristics. Product photographs are provided for illustrative purposes only and have no contractual value.
Users are encouraged to consult the Product description for essential characteristics. Product compositions are available in at least French and English. Users may also visit a D’ORSAY US INC boutique to receive personalized advice and test the Products.
In the event of exceptional unavailability, D’ORSAY US INC will notify the Client as soon as possible. The Client may modify the Order or cancel it. D’ORSAY US INC will offer the Client a product of equivalent quality and price whenever possible.
PART 7 — THIRD-PARTY LINKS
Certain content, products, and services available through the Service may include materials originating from third parties.
Third-party links on the Website may redirect you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such websites, and we do not warrant and shall not be held liable for any third-party materials, websites, or for any other materials, products, or services provided by third parties.
We shall not be liable for any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with third-party websites. You are advised to carefully review the applicable third-party policies and practices and ensure you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products must be directed to the relevant third party.
PART 8 — PRODUCT PRICES & SHIPPING FEES
Product prices are listed in U.S. Dollars (USD), exclusive of taxes and shipping fees unless otherwise specified.
At checkout, applicable sales tax and any similar state or local taxes will be calculated based on the shipping address provided by the Client and the tax collection obligations of D’ORSAY US INC in the relevant jurisdictions.
D’ORSAY US INC collects and remits sales tax in U.S. states where it is legally required to do so, including when a taxable nexus or any other statutory criterion applies.
The total amount due, including the price of the Products, applicable taxes, and shipping fees, will be disclosed to the Client prior to final Order confirmation and payment.
For deliveries outside the United States, customs duties, import taxes, or other governmental charges may be imposed by local authorities. These charges, which remain the sole responsibility of the Client, are not included in the price displayed on the Website or in the amounts collected by D’ORSAY US INC.
It is the Client’s responsibility to inquire about any applicable taxes, duties, or fees in their country or state of residence and to ensure compliance with such requirements. D’ORSAY US INC shall not be held liable for any failure by the Client to declare or pay such taxes or duties.
Under no circumstances shall prices displayed on the Website at the time an Order is placed bind D’ORSAY US INC for future Orders. Product prices may be modified at any time by D’ORSAY US INC without prior notice, except for Orders already confirmed.
PART 9 — PAYMENT & BILLING
The Client must pay for the Order in full by credit card through the authorized payment processors, including PayPal, or through any additional payment methods accepted by D’ORSAY US INC.
To process payment, the Client must provide payment details to the designated payment processor. Credit card transactions are secured.
In the event payment authorization is refused, D’ORSAY US INC reserves the right to suspend processing of the Order and any delivery obligations. The Client must contact the card issuer directly to resolve any payment issues.
Products remain the property of D’ORSAY US INC until full payment has been received. In the event of a payment incident, the Client agrees to return the Product(s) to D’ORSAY US INC upon first request. Upon effective delivery, all risks associated with the Products (including loss, theft, or damage) transfer fully to the Client.
All invoices are dated as of the Order submission date. The invoice is sent to the Client by email, and a physical copy is included in the package. The Client may access invoices from the Account for a limited time.
PART 10 — ADDITIONAL SERVICES PROVIDED BY D’ORSAY US INC: GIFT PACKAGING
At the Client’s request, D’ORSAY US INC may deliver the Product(s) in one or more gift pouches or gift wrappings.
PART 11 — ORDER SHIPPING & DELIVERY
Products will be shipped to the delivery address provided by the Client at the time of the Order. Once an Order is confirmed, neither the content of the Order nor the delivery address may be modified, as processing begins immediately.
Delivery times are displayed on the Website and, unless otherwise indicated, generally range from one (1) to three (3) business days, excluding public holidays.
For Orders delivered within the United States, shipping fees may be offered by D’ORSAY US INC for purchases above USD 165 (depending on the destination). D’ORSAY US INC reserves the right to modify free-shipping thresholds, shipping fees, and any related conditions, except for Orders already confirmed.
For deliveries outside UNITED STATES, customs duties or other local taxes may apply and remain the sole responsibility of the Client, including declaration and payment obligations. Clients are advised to inquire with local authorities prior to placing an Order.
Delivery is deemed complete upon receipt of the Order by the Client or the designated recipient. It is the Client’s responsibility to inspect Products upon receipt to ensure they were not damaged in transit and to notify D’ORSAY US INC immediately in such cases.
No delivery-related disputes will be entertained if the carrier’s system or the delivery receipt indicates successful delivery. Once delivery is confirmed by the carrier, ownership and risk transfer to the Client.
D’ORSAY US INC shall not be held liable for any delay or failure in the performance of its obligations due to:
(i) acts or omissions of the Client;
(ii) events or circumstances caused by third parties, unforeseeable and beyond the reasonable control of D’ORSAY US INC; or
(iii) events of force majeure, including, without limitation, natural disasters, fires, floods, storms, epidemics, pandemics, acts of war, acts of terrorism, labor disputes, embargoes, governmental actions, disruptions of transportation or supply chains, or failures of energy, public utility, or telecommunications networks.
In such cases, the obligations of D’ORSAY US INC are suspended for the duration of the force majeure event and shall resume once performance becomes reasonably possible.
PART 12 — RETURN POLICY FOR NON-PROFESSIONAL CLIENTS
In accordance with our return policy, non-professional Clients have a 14-Day Satisfaction Guarantee (Voluntary Policy).
To exercise the right of return, the Client must clearly express the decision to withdraw by sending a notice to: alfred@dorsay.com
PART 13 — NON-CONFORMITY AND MATERIAL DEFECTS
This section applies without prejudice to any other policy. If the Products delivered do not correspond to the Client’s Order or show an obvious defect, the Client must:
- Notify D’ORSAY US INC of the non-conformity or defect within forty-eight (48) hours after delivery, providing a precise description of the issue;
- Return the Product(s) in their original packaging, in perfect, unused condition, accompanied by all accessories and documentation provided upon delivery (including instructions, warranties, certificates of authenticity, if any), as well as the delivery slip. Any deterioration, excessive handling, or use of the Products attributable to the Client may result in liability and limit or exclude any refund or replacement;
- Follow the return procedure communicated by D’ORSAY US INC, as described on the Website and/or by email.
Return shipping costs will be covered by D’ORSAY US INC only if the claim is deemed valid by D’ORSAY US INC and subject to the Client providing proof of such costs when required. In this case, reimbursement of return shipping costs will be made by crediting the payment method used for the Order.
Where a non-conforming or defective Product can be replaced or repaired, D’ORSAY US INC shall, at its reasonable discretion and in accordance with applicable law, offer either replacement of the Product or repair. If replacement or repair is impossible or unreasonable, the price paid for the Product(s) concerned will be refunded within fourteen (14) days from the receipt and inspection of the returned Products.
No returns, exchanges, or refunds under this section may be made in a physical store; all such requests must be submitted exclusively through the Website via the return procedure established by D’ORSAY US INC.
To the fullest extent permitted under federal and applicable U.S. state law, Products are covered solely by the express warranties stated in these Terms and on the Website. D’ORSAY US INC provides no other express or implied warranties, including, to the extent permitted by law, implied warranties of merchantability or fitness for a particular purpose, except where such warranties cannot be excluded under applicable law.
Client rights under any mandatory state-imposed warranties may vary depending on the state of residence. Clients are encouraged to inquire about additional rights granted under the laws of their state.
PART 14 — LIABILITY & WARRANTIES
The User is solely responsible for his or her Account, including the management of Orders, the Personal Data contained therein, and the confidentiality of the password.
The Client is fully responsible for any payment incident and represents and warrants that he or she is legally entitled to use the payment method and to pay for the Order in full.
D’ORSAY US INC, bound by an obligation of means, shall not be liable for:
- any stock shortages occurring during an Order;
- the partial or total non-performance of its obligations or any delay in performance caused by unforeseeable, irresistible, and external events, or by actions or omissions attributable to the User, or by an unforeseeable and insurmountable act of a third party;
- internet-related difficulties, hosting disruptions, or any other technical issues affecting the Website.
The Website may be temporarily interrupted for technical reasons without liability on the part of D’ORSAY US INC.
If D’ORSAY US INC is found liable for any reason, the maximum amount of damages that may be awarded shall not exceed the amount paid by the Client for the Order concerned.
PART 15 — PROHIBITED USES
Users are strictly prohibited from using the Website or its content:
(a) for any unlawful purpose;
(b) to solicit others to engage in unlawful acts;
(c) to violate any international, federal, state, provincial, or local regulations, rules, laws, or ordinances;
(d) to infringe upon or violate our intellectual property rights or those of third parties;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Service, any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service, any related website, other websites, or the Internet.
D’ORSAY US INC reserves the right to terminate your access to the Service or any related website for violating any of these prohibited uses.
PART 16 — CONTACT
For any inquiries, D’ORSAY US INC may be contacted at: alfred@dorsay.com
PART 17 — INTELLECTUAL PROPERTY
The Website, including all of its content, features, graphics, text, images, videos, logos, trademarks, databases, layouts, and any other elements that compose it, constitutes a protected work under applicable intellectual property laws, including the United States Copyright Act. and the U.S. Lanham Act (Trademark Act of 1946). The Website is the exclusive property of D’ORSAY US INC or is used under validly granted licenses. There will be no license granted to the user. No rights are granted except as necessary to access and use the Website.
Any reproduction, representation, modification, distribution, transmission, creation of derivative works, or exploitation—whether full or partial—of the Website or any of its elements, on any medium and for any purpose whatsoever, including commercial purposes, is strictly prohibited without the prior written authorization of D’ORSAY US INC. Unauthorized use may result in legal proceedings in accordance with applicable U.S. law.
The Website may contain links to third-party websites. D’ORSAY US INC has no control over such websites and shall not be liable for their content, availability, advertisements, products, or services. Access to third-party websites is at the User’s sole risk.
PART 18 — ACCOUNT DELETION
The Client may request the deletion of his or her Account by contacting alfred@dorsay.com
Account deletion shall take effect two (2) months after receipt of the request by D’ORSAY US INC, except where an Order remains in progress.
The Client is responsible for retrieving all invoices associated with prior Orders before Account deletion.
PART 19 — FORCE MAJEURE
Neither the Client nor D’ORSAY US INC shall be held liable for any failure or delay in performance caused by circumstances beyond their reasonable control, including but not limited to: fires, floods, epidemics, famine, earthquakes, hurricanes, natural disasters, regulations or actions of any governmental authority or self-regulatory organization, acts of war, terrorism, riots, civil disturbances, sabotage, theft, or any other criminal acts committed by third parties.
PART 20 — USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you submit certain specific materials (such as contest entries), or if you voluntarily send creative ideas, suggestions, proposals, plans, or other materials—whether online, by email, by postal mail, or otherwise (collectively, “Comments”)—you hereby grant us the unrestricted right to edit, copy, publish, distribute, translate, or otherwise use, in any medium, any Comments you provide.
We are under no obligation to:
(1) maintain any Comments in confidence;
(2) provide compensation for any Comments; or
(3) respond to any Comments.
We may, but are not obligated to, monitor, edit, or remove content which, in our sole discretion, we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or infringing upon any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or any other personal or proprietary rights. You further agree that your Comments shall not contain unlawful, abusive, defamatory, or obscene material, nor any viruses or malware that could affect the operation of the Service or any related website.
You shall not use a false email address, impersonate another individual, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for the accuracy and content of any Comments you submit. We assume no responsibility and accept no liability for any Comments posted by you or by any third party.
PART 21 —Product Sensitivity and Medical Disclaimer
Our fragrances and cosmetic products are formulated and tested for safe use when used as directed. However, individual reactions or sensitivities may vary, and D’ORSAY US INC cannot guarantee that customers will not experience adverse reactions.
The information on our Website is provided for general informational purposes only and is not medical advice. Nothing on the Website is intended to diagnose, treat, cure, or prevent any disease or medical condition.
By purchasing or using our Products, you acknowledge and agree that:
· You are responsible for reviewing the ingredient list of each Product prior to use.
· If you have known allergies, sensitivities, or medical conditions, you should consult a healthcare professional before using any cosmetic or fragrance product.
· A patch test is recommended before full use.
· In case of irritation or discomfort, discontinue use immediately and consult a medical professional.
D’ORSAY US INC is not liable for individual allergic reactions, skin sensitivities, or other personal outcomes that cannot reasonably be foreseen.
If you have questions regarding the safe use of any Product, please contact us before placing your Order.
22.1 Entire Agreement
These Terms and Conditions, together with the Privacy Policy and the Order details, constitute the entire agreement between the User and D’ORSAY US INC.
A failure by D’ORSAY US INC to enforce any provision of these Terms shall not be construed as a waiver of such provision.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties shall, where possible, replace the invalid provision with a valid one that reflects the original intent and purpose of these Terms.
22.2 Amendments to the Terms of Service
The most current version of the Terms of Service may be consulted at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting revisions on our Website. You are responsible for periodically reviewing the Website to stay informed of any changes.
Your continued use of, or access to, the Website or the Service following the posting of any modifications constitutes acceptance of those changes.
22.3 Governing Law, Arbitration & Class Action Waive
By using the Website or placing an Order, you and D’ORSAY US INC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Products, or your use of the Website (collectively, “Disputes”) shall be resolved exclusively through binding individual arbitration, and not in court. This includes disputes arising before the existence of this agreement.
Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in New York County, New York, unless the Client and D’ORSAY US INC agree otherwise.
Class Action Waiver. The Client and D’ORSAY US INC agree that each may bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate claims or preside over any form of a class or representative proceeding.
Jury Trial Waiver. If, for any reason, a Dispute proceeds in court rather than arbitration, the Client and D’ORSAY US INC waive any right to a jury trial.
Opt-Out Right. The Client may opt out of this Arbitration Agreement within 30 days of the first use of the Website by sending written notice to alfred@dorsay.com (or postal address of D’ORSAY US INC).
Any opt-out request must include a name, email address, and a clear statement that you wish to opt out of arbitration.
This Arbitration Agreement survives termination of your account or your relationship with D’ORSAY US INC.