FRANCESCAINOCENTES.COM Terms and Conditions

Welcome to the Francesca Inocentes website, francescainocentes.com (the “Francesca Inocentes Website”), owned and operated by Francesca Inocentes, L.L.C. (“Francesca Inocentes,” “we,” “us,” or “our”).

Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the Francesca Inocentes Website and Francesca Inocentes products, applications, content and services (collectively, the “Site”).

 Please read the following terms and conditions of use, including an Arbitration Agreement, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. Francesca Inocentes reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes.

 

Francesca Inocentes provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is Francesca Inocentes property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Francesca Inocentes. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained here solely for your personal, noncommercial use as described below.

 

We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

 

  1. Product Information.

All of our products are made in the USA and thoroughly inspected for quality and accuracy. Although we have made every effort to display our products and their colors, quality, and fit as accurately as possible, the displayed attributes of the products depend upon the monitor of the user, and we cannot guarantee that the user's monitor will accurately portray the actual attributes of the products. Sizing may vary slightly between styles and may change depending on the fit. If you have questions regarding the fit or sizing of a product, please contact our Customer Service Department via email at customerservice@francescainocentes.com.

 

2. Order Acceptance and Cancellation.

 (a)            You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

 

(b)           Upon successful processing of your order, we will send you a receipt via email detailing your purchase. Although you may cancel or modify your order within 24 hours of payment, your shipping address cannot be changed. Once your order has been shipped, you will receive a shipping confirmation and tracking number via email.

 

3. Prices and Payment Terms.

 (a)            All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices are in U.S. dollars (USD) and do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

(b)           We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

(c)            Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, American Express, Discover, and PayPal for all purchases. Checks (personal or business), money orders, and direct wire transfers are not accepted. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

 (d)           Depending on the shipping destination of your order, sales tax, value-added tax (VAT), customs duty, and/or other government-assessed charges (collectively "Taxes") may apply to your order. By making a purchase on this Site, you agree to be solely responsible for paying all Taxes applicable to your purchase. Where required by law, applicable Taxes will be added to your order total at checkout and will be set out as a separate item in your shopping cart and on your purchase receipt.

4. Shipments; Delivery; Title and Risk of Loss.

(a)             Upon successful processing of your order, we will arrange for shipment of the products to you. Products are shipped from Florida. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

(b)             Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

5. Returns and Exchanges.

(a)             Except for any products designated on the Site as final sale or non-returnable, requests for refund or exchange of products must made within five (5) business days of delivery. You must contact our Customer Service Department via email at customerservice@francescainocentes.com to obtain a Return Merchandise Authorization (“RMA”) number before returning or exchanging your product. Only two exchanges are allowed per item. No returns or exchanges of any type will be accepted without an RMA number.

(b)             Returns or exchanges must be shipped via usps, ups, or fedex within 48 hours of receiving an RMA number to:

Francesca Inocentes, L.L.C.

5944 CORAL RIDGE DRIVE #192

CORAL SPRINGS, FL 33076

 

(c)            You are responsible for all shipping and handling charges on returns or exchanges unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and obtain a tracking number for proof of delivery.

(d)           All returned products will be inspected for condition and contents prior to any refund approval. All items MUST be returned new, unused and unworn with all tags and include all of the original packaging that you received it in with labels, stickers, garment and security tags still attached. For hygienic reasons, swimwear MUST be tried on over underwear, without removing the protective adhesive strip. A protective adhesive strip that is stained, soiled or shows signs of wear is not eligible for return or exchange. If any returned product fails to meet this criterion, no refund or exchange will be issued, and the product will be returned to you at your expense.

(e)            Refunds are processed within approximately ten (10) business days of our receipt of your product. Your refund will be credited back to the same payment method used to make the original purchase on the Site.

6. Defects and Damages.

(a)            If you believe you have received a defective or damaged product, you must submit pictures of the defective or damaged area to our Customer Service Department via email at customerservice@francescainocentes.com within 24 hours of delivery. No refund or exchange will be issued for a defective or damaged product reported after 24 hours of delivery.

(b)           Eligibility for the return or exchange of a defective or damaged product will be approved or denied with an RMA number via email within 48 hours. No returns or exchanges of any type will be accepted without an RMA number.

(c)             Approved defective or damaged products must be shipped via usps, ups, or fedex within 48 hours of receiving an RMA number to:

Francesca Inocentes, L.L.C.

5944 CORAL RIDGE DRIVE #192

CORAL SPRINGS, FL 33076

 

(d)           All defective or damaged products will be inspected for condition and contents prior to any refund approval. All items must be returned new, unused and unworn with all tags and include all of the original packaging that you received it in with labels, stickers, garment and security tags still attached. Damages as a result of normal wear and tear, accidents, misuse, incorrect care and wash will NOT be considered defective. Please follow the care label instructions to keep the product in its best condition. If any returned product fails to meet this criterion, no refund or exchange will be issued, and the product will be returned to you at your expense.

 

(e)            Refunds are processed within approximately ten (10) business days of our receipt of your product. Your refund will be credited back to the same payment method used to make the original purchase on the Site.

7. Manufacturer's Warranty and Disclaimers.

(a)             We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer's warranty as detailed in the product's description on our Site and included with the product.

(b)             ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

(c)             SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

(d)           YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

8. Limitation of Liability.

(a)             IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

(b)             OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

 

9. Intellectual Property.

(a)             Francesca Inocentes is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Francesca Inocentes logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Francesca Inocentes Intellectual Property") are owned by Francesca Inocentes and may be registered in the United States and internationally. You agree not to display or use Francesca Inocentes Intellectual Property in any manner without Francesca Inocentes prior permission. Nothing on the Site should be construed to grant any license or right to use any Francesca Inocentes Intellectual Property without the prior written consent of Francesca Inocentes.

(b)           Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by Francesca Inocentes. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.

10. Goods Not for Resale or Export.

You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

11. Privacy.

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

12. Force Majeure.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

13. Governing Law and Jurisdiction.

This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.

14. Dispute Resolution and Binding Arbitration.

(a)             YOU AND FRANCESCA INOCENTES ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

(b)             ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

(c)             The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

(d)             The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

(e)             If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

15. Assignment.

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

16. No Waivers.

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Francesca Inocentes.

17. No Third-Party Beneficiaries.

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

18. Notices.

(a)             To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b)             To Us. To give us notice under these Terms, you must contact us by registered or certified mail to:

 

Francesca Inocentes, L.L.C.

5944 CORAL RIDGE DRIVE #192

CORAL SPRINGS, FL 33076

 

We may update the address for notices to us by posting a notice on the Site. Notices provided by registered or certified mail will be effective three business days after they are sent.

19. Severability.

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

20. Entire Agreement.

These Terms and our Privacy Policy set forth the entire understanding and agreement between us and supersede all prior understandings and agreements between you and Francesca Inocentes with respect to the subject matter hereof.

 

Last Modified: August 8, 2019