SIGN UP FOR OUR NEWSLETTER & GET FREE SHIPPING

back to top
Terms & Conditions

Terms & Conditions

Thank you for visiting  www.gien.com/us  (the “Site” or “Website”), the official US e-boutique of Gien. Please take a few minutes to review carefully these Terms and Conditions. Your use of this site is governed by the following terms (“Terms”) If you do not agree with all the Terms, please refrain from using this Site.

By using this Site, you agree to comply with, and to be bound by, these Terms. Since Gien America (“we/us/our”) may revise this agreement at any time, you should visit this page periodically to review the Terms. You acknowledge that these Terms and Conditions constitute the complete and exclusive agreement between you and Gien America regarding your use of the Site. These Terms and Conditions do not create any agency, partnership, or other form of joint enterprise between you and Gien America.

 

Shipping & Processing fees

Our Shipping charges are intended to compensate our company for processing your order, handling and packing the products you purchase and delivering them to you. We encourage you to also review our Shipping Information.

 

Product pricing information

Prices displayed on our Website may differ from prices available in stores, which may have different promotion and pricing. 

The price of each item is the price posted on www.gien.com/us at the time of client placing the order, barring any typographic errors. Prices on Gien eBoutique do not include delivery fees. Delivery fees are payable by the client and invoiced in addition to goods invoiced (please review our Shipping policy for more details).

Prices are subject to change without prior notice.


Final Sale Products

Products listed as "Final Sale", including all products featured in the "Private Sale" category of the website, are not eligible for return or exchange.

 

Promotion

Shipping promotions

Free Standard Shipping coupon code is valid for the first order placed on www.gien.com/us only. Valid through 11:59pm EST June 30th, 2018.

To redeem offer: Sign up with your account. At checkout, select “Standard Shipping” (offer not valid on “Fedex 2 days shipping”) and enter offer code that was provided on your registration success email. The shipping costs will be deducted after offer code is applied. Not valid with other offers that provide discounts on your entire order. Unless explicitly included in the promotional materials, Hawaii and Alaska are excluded from all discounted or free shipping offers and promotions.

 

Sales tax

Sales tax on the merchandise total is charged for items shipping to States of New York, Georgia or Florida. Gien is currently obligated to collect sales tax on orders delivered within those States and applies legal current local tax rate.

 

Inaccuracy disclaimer

We endeavor to always display the most recent, accurate and reliable information on our website. However, to the extent permitted by applicable law, we do not warrant that the product descriptions, availability, prices, colors or other content are accurate, complete, reliable, current, or error-free.

Those errors are unintentional and we apologize if they affect in any ways your individual orders. Gien America is not responsible for, and reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

Products displayed may be out-of-stock, discontinued or otherwise unavailable, and prices are subject to change. When an item featured on gien.com/us is no longer in stock, we make every effort to remove that item from the website in a timely manner. Most Gien products displayed on our website are usually available but please understand that they might sometimes become out of stock before we had time to remove them.

In the event of a Gien product being listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, Gien shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.

 

Proprietary rights

All of this Site’s design, text, graphics, logos, button icons, images, audio clips, data, information, illustrations, charts, indices, reports, data, HTML code and screens, the selection and arrangement thereof, and all software on this Site is owned by or licensed to Gien, its affiliates, partners or licensors, and is subject to protection by U.S. and international intellectual property laws, including, but not limited to, rights in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world.


Trademarks

The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of Gien America, its affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.
Permission is granted to electronically copy and to print in hard copy portions of www.gien.com/us  for the sole purpose of placing an order on the Site or using it as a personal shopping resource. Any other use of materials on the Site, including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance, is strictly prohibited without the prior written permission of Gien America.


Third Party Links 

Gien America does not have any responsibility for the content of any other web sites linked to or from the Site, including our affiliates’ web sites. Links appearing on the Site are for convenience only and are not an endorsement by Gien America, its affiliates or partners of any other party or web site. All use of, or reliance on, third parties’ web sites, content, services and products is at your own risk. Gien America does not endorse and does not take any responsibility for any content, advertising, products or services made available on or through such third parties’ web sites. You should carefully review the terms and conditions and privacy policies of all web sites that you visit.

 

Disclaimer limitations of liability

The site is presented "as is." we make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of other web site links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party web sites; (f) any inaccuracies or omissions in content; (g) the use of any products or services obtained on or through the site; or (h) any other matter relating to the site.

Further, to the fullest extent permitted by law, we will not be liable for any direct, indirect, incidental, special, punitive or consequential damages of any kind (including lost profits) related to the site regardless of the form of action whether in contract, tort or otherwise, even if we have been advised of the possibility of such damages. in no event shall the total liability of merchant to you for all loss or damage exceed one hundred dollars ($100.00).


Indemnification

You agree to indemnify and hold harmless, and at Gien America’s option, defend Gien, its affiliates, and its officers, directors, partners, members, managers, shareholders, employees, agents, representatives, partners or licensors for any loss, damages or costs, including reasonable attorney's fees relating to and resulting from (a) any breach of these Terms and Conditions; and (b) any use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on the Site’s infrastructure.


Representations & Warranties

You represent, warrant and covenant that (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; and (c) your use of the Site will comply with Terms and Conditions.

 

Privacy Policy

These Terms & Conditions include our  Privacy Policy 

 

Submission

We always welcome your comments. Although we will make every effort to respond quickly to applicable email messages, Gien America is under no obligation to respond to all pieces of correspondence received through this site.  We do not wish to receive any confidential or proprietary information via this website or any email connection.

Please note that all your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to our company through gien.com shall become and remain the property of Gien America. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission.

 

Orders

Placing an order implies acceptance of these Generals Sales Terms and Conditions, including the Privacy Policy, recognition of having been informed of the said Terms and Conditions, and renunciation to avail oneself of any other conditions.

Once order has been placed on www.gien.com/us, Gien will send client order receipt by email. Saving this email and/or printing it provides the client with proof of ordering.

 

Right of withdrawal

The client has a right to cancel an order within 15 days of receipt of goods ordered on www.gien.com/us Within this time limit, the client can return the goods at his own expense, without penalty.

Before returning goods, the client must contact Gien Customer Care service, by calling 1-855-430-4436 or by email: wecare@gien.com . We encourage you also review our Returns & exchanges information for further details.

If the right of withdrawal is exercised under the Return policy conditions, Gien America will take the necessary action to refund any amount which may already have been debited in exchange for goods purchased.

Refunds will be credited at the earliest possible opportunity and no later than 30 working days following the date on which Gien had knowledge of the client’s withdrawal.

If the conditions are not met, the client may re-gain possession of returned goods, at his own expense, in the same condition in which they were returned to Gien Customer Care.

 

Force majeure

Gien America cannot be held liable for any failure to fulfil its responsibilities in the event of force majeure situations such as natural catastrophes, fires, internal or external strike movements, internal or external failures or breakdowns and generally all external, unforeseeable and unavoidable events preventing normal processing of orders.

 

Applicable Law 

The laws of the State of New York will govern these disclaimers and terms and conditions, without giving effect to any principles of conflicts of laws. Gien America reserves the right to make changes to the Site and its disclaimers, policies, and terms and conditions at any time as described above. In connection with any litigation, without limiting our right to bring an action against you in any jurisdiction, you further agree to submit to the exclusive jurisdiction of and venue in the state courts located in the County of New York, in the borough of Manhattan and in the federal courts located in the Southern District of New York.

 

Local laws and export controls

Gien America does not make any representation that the Site is appropriate or available for use in other locations outside the United States. If you are using the Site in the United States, you are solely responsible for compliance with all applicable laws, including, but not limited to, rules, regulations, interpretations and determinations of any regulatory authority, or any provision of federal, state laws and with all United States export laws and all other applicable laws. If you use the Site from outside the United States, you are solely responsible for compliance with all applicable laws, including, but not limited to, export and import regulations of the United States and other countries.


Questions about our Terms & Conditions

If you have any questions on our Terms & Conditions, please contact our Customer Service:

By eMail:  wecare@gien.com (you can also use our Contact Form)
By calling: 1-855-430-4436
By sending a letter to below address. Please be sure to include your email address, full name and physical address.

Gien America Customer Service

25 Main Street, 3rd floor

Tuckahoe, NY 10707

U.S.

 

The company Gien America LLC is legally domiciled at below address:

Gien America LLC

990 Biscayne Boulevard Office 701

Miami, FL 33132

U.S.