TERMS AND CONDITIONS OF SALE

www.isabelmarant.com

Valid from 25/11/2024

The present General Terms and Conditions of Sale (hereinafter the "Terms") govern the conditions applicable to the online sale of any "ISABEL MARANT," "MARANT," or "MARANT ETOILE" branded products (hereinafter, the "Products") via the official website "www.isabelmarant.com" (hereinafter the "Website") of the Isabel Marant brand. 

These Terms apply if you are located in the United States. If you are purchasing the Products from outside the United States, your purchases are governed by different terms and conditions. 

The online sale of Products on the Website is conducted in accordance with the present Terms by IM USA Corp., a Delaware corporation with its principal place of business at  210 11th avenue, unit 101, NY, NY 10001 (hereinafter the "Seller"). 

The present Terms may be modified at any time by the Seller at its sole discretion. In the event of modification, the Terms in force at the time of your order will apply.

1. COMMERCIAL POLICY OF THE SELLER
2. ORDER
3. DESCRIPTION AND PRICES OF PRODUCTS
4. PAYMENT
5. SHIPPING AND DELIVERY OF PRODUCTS
6. RETURNS
7. TERMS AND CONDITIONS OF REFUNDS
8. WARRANTIES
9. PERSONAL DATA
10. FORCE MAJEURE
11. EXCLUSION OF WARRANTY AND LIMITATION OF LIABILITY
12. MISCELLANEOUS PROVISIONS
13. APPLICABLE LAW AND DISPUTE RESOLUTION

1.1
The Seller makes the Products available for sale on the Website, conducting its online sales activity exclusively for final consumers who purchase the Products as non-professional "consumers" (hereinafter, "Buyers" or an individual "Buyer"), i.e., any natural person acting on their own personal behalf and not in the context of a commercial, industrial, or business activity. Therefore the purchase of Products for resale is strictly prohibited.  

1.2
The online sales service offered by the Seller on the Website may only be accessed by Buyers who are at least eighteen (18) years of age and who have the legal capacity to purchase Products according to the present Terms. 

1.3
The Seller reserves the right to refuse to process any order: (i) placed by a minor or other natural person who does not meet the requirements of a Buyer, (ii) that does not comply with the terms and conditions of the present Terms, (iii) that appears abnormal order in terms of the number of ordered Products (e.g., an order for five (5) or more of the same Product of the same color), or (iv) reported or suspected to be fraudulent, illegal, or unauthorized, including orders that appear to be placed for commercial or non-personal purposes.  

1.4
The online sale of Products by the Seller to the Buyer via the Website is governed exclusively by the present Terms. 

1.5
Before placing an order for Products on the Website, the Buyer will be asked, among other things, to accept (i) the present Terms, (ii) the legal notices and general terms of use of the Website (hereinafter, the "Legal Notices"), and (iii) the privacy policy (hereinafter, the "Privacy Policy") without any reservations whatsoever. All these documents are available and can be consulted by the Buyer by clicking on the respective tabs on the Website under the heading "Legal Area." The Buyer is therefore invited to read these documents carefully before placing an order. If the Buyer does not agree with or accept any or all of the provisions in these documents, they will not be authorized to place an order on the Website.   

2.1
To order a Product on the Website, the Buyer must complete the online order form by following the instructions provided:

- Click on the Product, select the size, and click on "Add to cart";

- Click on "View my cart" to modify the quantities and Products, or to return to the Product pages;

- Check out by clicking on "Order";

- Enter your email address to continue with the order;

- Log in to your customer account by entering your password, or continue without registering by clicking on "Continue as guest"; 

- Enter your delivery and billing address; choose your delivery method;

- Choose the method of payment.

Buyers are not required to create a customer account to place an order on the Website, but a customer account makes it possible to: (i) enter personal information to facilitate future purchases, (ii) consult, modify, and update personal information, (iii) identify yourself before placing an order, (iv) track current orders, and (v) consult order histories and invoices from previous orders.

If Buyers order as a guest, they will be able to track their order via the "Track my order" link received by email.

2.2
Before finalizing an order, the Buyer will be provided with a summary containing the following information: (i) the essential characteristics and the unit price of each of the Products ordered, (ii) the total price of the order (including applicable taxes), (iii) the methods of payment that may be used to purchase the Products, (iv) the delivery terms for the ordered Products, (v) the shipping and delivery costs (including any additional costs that the Buyer may be required to pay if they have opted for a specific shipping or delivery method that is different and/or faster than the one designated as "standard" by the Seller), (vi) the address and contact details of the Seller and its after-sales service, and (vii) the average delivery time for the Products ordered. 

2.3
A submitted order constitutes a firm offer on the part of the Buyer to purchase the Products selected from the Seller, subject to the present Terms and without prejudice to the Buyer's right of withdrawal outlined in Article 6 below. 
By placing an order, the Buyer is obligated to pay the full price of the Products ordered. Before submitting an order, the Buyer is invited to check that all the information it has input is correct to ensure the order is properly processed by the Seller.

2.4
Any order placed by the Buyer may be refused by the Seller. Upon verification, the Seller reserves the right to refuse all or part of an order, and shall not be held liable for any such refusals. By way of example, and without the following list being exhaustive, an order may be refused for a legitimate reason, in whole or in part, by the Seller, if (i) an ordered Product is no longer available, (ii) the payment fails, (iii) the personal data provided by the Buyer and required to process the order proves to be incorrect, (iv) the Buyer did not meet their obligations during a previous sales contract concluded with the Seller, and/or (iv) there is an obvious error on the product page (e.g., in the displayed price or the essential characteristics of the Product).
If an order is refused, the Seller will inform the Buyer by email, and if necessary, refund any sums already paid.
The Seller also reserves the right to refuse to process orders in the cases described in Article 1.3 above.

2.5
The Seller will not accept any orders with a delivery address in a country to which the Seller does not deliver (the full list of eligible countries can be found on the homepage of the Website).

2.6
The sales contract between the Buyer and the Seller will only be considered concluded once the Buyer has received the order confirmation email (hereinafter, the "Order Confirmation") from the Seller. 
The Order Confirmation will contain the order number, the essential information about the purchased Products, the price, and the selected delivery method.

2.7
On each product page on the Website, the Buyer can also check whether the item is available in an Isabel Marant store by clicking on the "Check availability" button. The Buyer may contact the respective Isabel Marant store to make sure the item or items are still available. Any Products purchased in a brick-and-mortar store are subject to the conditions of sale of the respective store.

3.1
The Seller guarantees that the Products sold on the Website are authentic.

3.2
The essential characteristics of each Product are presented on the respective product page on the Website.

3.3
The prices of the Products displayed on the Website do not include applicable taxes, or shipping costs. Taxes and shipping costs (if applicable) will be added to the price of the order and displayed to the Buyer before proceeding to the Order Confirmation. 

3.4
The Seller reserves the right to modify the prices of Products at any time and without prior notice, it being understood that any modification will not apply to orders for which an Order Confirmation has already been sent and which are still being processed at the time of the price update.

4.1
Buyers will pay for their orders online using the available payment methods for their country of delivery. 

4.2
In the event of payment by credit/debit card, all information (e.g., credit/debit card number or expiration date) will be encrypted and transferred to the payment service provider(s) providing the remote electronic payment services, which the Seller cannot access, except for payment processing, to issue refunds in the event that Products are returned, or in the case of fraud on the Website which must be reported to the competent authorities. 

4.3
The payment will only be charged once the Seller has sent the Order Confirmation to the Buyer. If the payment fails for any reason, the Seller will cancel the order without being held liable for such cancellation, and will immediately inform the Buyer by email.

4.4
Any charges applied by the credit card provider, bank, or other payment institution in connection with the processing of the payment of the order are the sole responsibility of the Buyer.

5.1
Once the order has been prepared by the Seller, it is shipped to the postal address provided by the Buyer when placing the order, as per the delivery method selected by the Buyer. Delivery methods and shipping prices vary , and are communicated to the Buyer prior to placing an order. 

Once the order has been shipped, the Buyer will receive an email containing a tracking number. Buyers can also track the progress of their order in their customer account on the "My order" page. 

5.2
Title and risk of loss of the Products is transferred to the Buyer at the time the order is delivered to the carrier. The Buyer agrees to inspect the packaging and Products upon delivery. In the event that a package is damaged, or a Product is missing, the Buyer must note such anomalies on the delivery slip presented by the carrier and immediately contact the Seller's Customer Service, providing proof of said anomalies. The incident will subsequently be investigated. In the event that the Buyer fails to note the anomalies on the delivery slip and provide proof via appropriate documents (e.g., photos), the Seller reserves the right to reject the Buyer's claim.

6.1
The Buyer may return the Products within fifteen (15) days of delivery. If the Buyer's order contains several Products that are delivered separately, the return deadline is counted from  the date of the last package received, as defined in the Order Confirmation.

Buyers must exercise their right to return within the above-mentioned deadline by using the form found in the "Return form" tab in the Customer Service section on the Website.

6.2
Personalized Products are final sale and cannot be returned for refund or store credit. 

6.3
The Seller will only accept returns if the following strict conditions are met: (i) the returned Products have not been worn, soiled, washed, and/or damaged in any way, (ii) the hang tags are still attached to the Products in their original position, and (iii) the Products are returned in their original, undamaged packaging. For shoes, the outsole, and the protective film (if applicable) must also be intact: as such, it is strongly recommended that Buyers try on their ordered shoes on a carpet or rug.

6.4
Once the Buyer has notified the Seller by completing the Return Form they can ship the Products to the Seller by either of the following methods:

- Returns with a carrier designated by the Seller: Once the Buyer has completed the Return Form, they will be contacted by email by the carrier selected by the Seller (depending on the options available in the Buyer's country) with information on how to return their order. If the Buyer uses the carrier designated by the Seller, they will receive a prepaid return label from the Seller and will therefore not be required to pay return shipping costs. The Buyer shall hand the package over to the carrier in accordance with the provided instructions and will not be held liable in the event of loss or damage to the Products during the subsequent transport. 

- Returns with other carriers: If the Buyer decides to return the Product(s) with a different carrier than the one designated by the Seller, they will be required to pay the return shipping costs, and, in the event of loss or damage to the Products during transport, the Seller shall not be held responsible.

7.1
Once the Seller has received the Product(s) and checked to make sure that all the return conditions described in Article 6 have been met, the Buyer will receive an email confirming that the return has been approved and that the Seller will issue a refund for the purchase price of the Product(s). If the Buyer returns all the Products from a single order, they will receive a refund for the full amount of said order, i.e., the purchase price of the Products and the original delivery costs. On the other hand, if the Buyer only returns part of their order, they will only receive a refund for the purchase price of the Products that are returned, and not for the original delivery costs. 

Regardless of the method of payment used for the order, the Seller will issue the refund as soon as possible, and in any event no more than fourteen (14) days after the Seller has received either the returned Products themselves or proof from the Buyer that the Products are on their way back to the Seller.

7.2
The Seller will refund the Buyer via the payment method used to purchase the returned Products. 

7.3
The amount of time before a refund appears can vary depending on the method of payment used by the Buyer.

• Purchases by credit/debit card: Refunds depend on the company that issued the card, but usually appear within two billing cycles. The value date of the credit is the same as that of the original debit. 

• Payments by PayPal: Refunds are credited to the Buyer's PayPal account and visible immediately. The refund to the credit card associated with the Buyer's PayPal account depends on the company that issued the card.

8.1
Buyers are responsible for making sure that the delivered Products correspond to the Products in their order. In addition to the return policy, the Products are subject to the warranty against damaged or defective goods.

8.2
In case the deadline for returns has passed and a purchased Product appears to be damaged or defective, please contact Customer Service to obtain further information for the return. The claim must be filed within two (2) years of the date of delivery of the Product.

The warranty only applies when a Product presents a defect of conformity, e.g., does not function in accordance with its usual uses or does not correspond to its description, or when  a Product presents a hidden defect, i.e., a defect that is not apparent at the time of purchase which renders the Product unsuitable for its intended use, or which significantly limits said use.

The warranty relating to hidden defects shall not apply in the event that the Buyer misuses the Products or fails to comply with the Product maintenance instructions indicated on the Product labels.

All information relating to the processing of the Buyer's personal data can be found in the Privacy Policy on the Website.

In the event of any force majeure, the obligations contained in the present Terms that are affected by said force majeure shall be suspended, while the party affected by the force majeure shall not be held liable for its inability to perform said obligations. The affected party must inform the other party of any such event within fifteen (15) days of its occurrence.

The present Terms outline all the obligations and responsibilities of the Seller with regard to the online sale of Products via the Website. 

The Seller cannot guarantee that the Products are adapted for the intentional uses of Buyers, who alone must determine whether the Products are suitable for their needs. 

The Seller shall not be held liable for any use of the Products that does not comply with their intended purpose.

The Seller shall take the utmost care to ensure that the information and descriptions relating to the Products are accurate and updated regularly. However, the Seller cannot be held responsible for any minor errors that may occur. Similarly, the images of the Products offered for sale on the Website are shown for information purposes only, and cannot be considered binding as they may differ from the actual Products (e.g., in terms of the color, fabric, or texture) for reasons which cannot be attributed to the Seller, and among other things, due to the Internet browser and/or the equipment used by the Buyer.

The Seller shall not be held responsible for:

- operational interruptions or delays on the Website or Customer Service due to maintenance work, technical breakdowns, force majeure, or any other circumstances beyond its control;
- the temporary inability of Buyers to access the Website or Customer Service due to events beyond its control, such as computer breakdowns, interruptions in the telephone or Internet network, malfunctioning Wi-Fi equipment, etc.

The Seller shall not be held responsible for (i) any loss or alteration of, or unauthorized access to, the personal data of the Buyer, or (ii) any accidental transmission, viruses, or other harmful elements resulting from emails or access to the Internet.

In any event, the liability of the Seller shall be limited to direct damages only.

12.1
The present Terms do not govern the provision of services or the sale of products by third-parties that are separate from the Seller and may be present on the Website by way of hyperlinks or banners. Before purchasing products or services of any kind from such third-parties, Buyers are advised to carefully review the general terms and conditions of sale of said products and services. In no event shall the Seller be held liable for the provision of services and/or the execution of electronic transactions between users of the Website and third parties.

12.2
Each provision of these present Terms is to be considered separately and independently of the others. In the event, for any reason whatsoever, that a provision of the present Terms is deemed void, invalid, or unenforceable, this shall not affect the validity or enforceability of the remaining provisions.

12.3
The failure or refusal by the Seller to enforce a provision of these present Terms  shall in no way be construed as a waiver of its right to invoke said provision at a later time.

13.1
The present Terms are governed by the laws of the state of New York. 

13.2
Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New York. By accepting these Terms, the Buyer waives all defenses of “lack of personal jurisdiction” and “forum non conveniens” with respect to venue and jurisdiction in the state and federal courts of New York.