PLEASE READ THESE TERMS OF USE AND CONDITIONS OF SALE (“GENERAL TERMS”) CAREFULLY AS THEY CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE LEGALLY BOUND BY THESE GENERAL TERMS.
1.1. These general terms and conditions of sale (“General Terms”) describe the terms on which Samuelsohn USA, Inc., a company incorporated under the laws of the State of New York, with a registered office at 501 Madison Ave, New York, NY 10022, USA, (“SAMUELSOHN”, “we”, “us”, “our”), sells, and a consumer (“you”) purchases, SAMUELSOHN services and products (collectively, “Products”) through the website located at samuelsohn.com (“Website”)
1.2. These General Terms will apply to any contract for the sale of Products by SAMUELSOHN to you through the Website (“Contract”).
1.3. The sale of Products under these General Terms is only available to consumers, meaning natural persons who act for purposes of personal consumption (i.e. for purposes extraneous to their trade, business, craft and profession and not for profit), who have reached the age of majority and have full legal capacity to enter into a Contract, in their country.
1.4. In using the Website, you agree to these General Terms and to the Terms of Use of the Website (“ToU”). We therefore advise you to read these documents carefully, and in particular these General Terms, before proceeding with any purchase, and save or print a copy for future reference. If you do not agree to these General Terms, the ToU, and our Privacy Policy, you will not be able to order any Products from the Website.
1.5. We reserve the right to amend or update all or part of these General Terms from time to time, without notice. We will always post the most current version of these General Terms on the Website and display the “Last Updated” date to reflect the date of the changes. You should review these General Terms before purchasing any product or services that are available through this Website. Your continued use of this Website after a posted change in these General Terms will constitute your acceptance of and agreement to such changes.
1.6. These General Terms should be read alongside, and are in addition to, our Privacy Policy at https://samuelsohn.com/pages/privacy-policy which tells you how we use your personal data, the return and the Return Policy at https://samuelsohn.com/pages/returns-and-exchange-policy and the shipping policy at https://samuelsohn.com/pages/shipping-policy
2.1. Information on our Products (along with the corresponding Product codes) and relevant prices are available on the Website.
2.2. Only a limited selection of styles available on the Website can also be found at our Madison Avenue store or through our network of retail partners. The prices listed online do not reflect the prices in physical stores, and our retail partners are not obligated to price match, even for items that appear similar. Most items available on the Website are sold exclusively online.
2.3. Pictures of the Products displayed on the Website may not correspond identically to their actual appearance. In particular, the colors, fabric, shade, grain, texture of the Products shown on your screen may vary from those on the actual Product.
2.4. We reserve the right, in our sole discretion, to limit the quantities and/or types of any Products available on the Website per person, household or per order. These restrictions may include orders placed by or under the same account, the same payment method and/or orders that use the same billing and/or shipping address.
2.5. We may change or discontinue a Product or any of its features, as described on the Website, at any time and without notice (this does not affect orders already placed at the time of the change). During the purchasing process, we will inform you if your order cannot be processed due to the unavailability of the ordered Products.
2.6. Samuelsohn may not process purchases when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by email that the contract has not been executed and that Samuelsohn has not carried out your purchase order specifying the reasons thereof. If the products displayed on https://samuelsohn.com/ are no longer available at the time of your last access and once Samuelsohn has received your order, we shall inform you of the unavailability of the ordered products within fifteen (15) days from the day after Samuelsohn has received your order. If the order form has been sent and the price has been paid for items that are no longer available, we will refund the amount paid for those items.
2.7. In the event your connection to the Website fails, your selection of Products may be lost. In such case you will be required to re-enter your selection. Please note that Products in your shopping cart are not reserved and may be purchased by other customers. In no event we shall be liable to you for the unavailability of a Product following a failure or loss of your connection to the Website.
3.1. All prices posted on this Website are subject to change without notice. The price charged for a a Product 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.
3.2. Prices of Products are indicated on the Website in United States Dollars (“USD”) and do not include taxes or charges for shipping and handling, which shall be added to the total price of the Products and will be itemized in the shopping cart before you confirm your order. Any VAT will be charged as per applicable law at the time of the sale.
3.3. We make all reasonable efforts to ensure that all prices for the Products displayed on the Website are correct. Occasionally, however, an error may occur, and Products may be mispriced (incorrect price or typographical error in the price shown). In this case we will, at our discretion, (i) cancel the order or terminate the Contract (depending on when the error is detected) and notify you of such cancellation or termination, or (ii) contact you and ask you whether you wish to purchase the Product at the correct price
4.1. You agree that your order is an offer to buy, under these General Terms, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products to you. We may choose not to accept any orders in our sole discretion.
4.2. After having received your order, we will acknowledge by sending an email with your order number and details of the items you have ordered (“Order Confirmation”). This Order Confirmation does not, however, mean that your order has been accepted by us. We may choose not to accept your order, in whole or in part, without liability to you. Examples of non-acceptance of your orders are as follows:
4.3. The Contract between us and you will only be formed when you receive from us an email notification confirming shipment of your order (“Order Acceptance”). The Order Acceptance (or rejection) shall be sent to the email address provided by you in the order. The details of your accepted orders are available under “My Account - My Order” section of the Website.
4.4. To purchase Products on the Website, you must follow the instructions provided by the online purchase process: (i) include the selected Products (subject to the restrictions set forth in Section 2.4) in the shopping cart, (ii) fill in the order form with your personal information (name, address, email, shipping/billing address), (iii) select your payment method, (iv) place your order through the Website.
4.5. Orders made from a Country Website different from the one you are shipping to, or to addresses to which we cannot ship, will be automatically canceled.
4.6. Before submitting your order, you will be given the opportunity to review your selection, check the total price and correct any errors.
4.7. Your order constitutes a binding offer to purchase from us the selected Products, under these General Terms, without prejudice to your right of withdrawal under Article 8 hereto. By placing an order, you agree to pay the price of the ordered Products.
4.8. In case of unavailability of one or more ordered Products, we will contact you and inform you of such unavailability. The order will be partially cancelled and you shall pay only the price of the available Product(s).
4.9. The Order Confirmation/Acceptance will include notably the order number, basic information on the purchased Products, an indication of the price, corresponding return eligibility and the shipping address.
4.10. Once you receive the Order Acceptance you can no longer cancel or modify your order unless otherwise provided in these General Terms. Dispatched Products can however be returned as set out in Article 8 below.
5.1. You must pay the price of the Products (including applicable VAT, sales taxes or other taxes), the cost of any additional services you order (e.g. additional costs for personalized Products), if applicable, and the associated delivery charges, if any.
5.2. Our prices are in USD and are charged in USD. We accept payments made with the payment methods proposed to you before you confirm your order.
5.3. We will not debit the amount of your order until:
5.4. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. 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 all applicable taxes and shipping and handling charges, if any.
5.5. If your payment cannot be processed for any reason, we will cancel your order and our Contract with you will end immediately, without liability to you. We will inform you of this in writing.
5.6. You are responsible for the relevant charges or fees, if any, applied by your card issuer, bank or other payment institution as a result of our processing of your payment.
5.7. In case of payment by Credit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol to the payment provider or other banks which provide remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by Samuelsohn except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of suspected fraud to the police. The price for the purchase of products and the corresponding costs for shipping and delivery, as indicated in the order form, will be charged to your current account only when the purchased products are actually shipped.
5.8. For each order, we or the applicable retailer will issue an electronic invoice for the purchased Products, and you agree to such form of invoicing. The e-invoice will be established based upon the information provided by you at the time of submitting the order. No alterations to the e-invoice are possible once the e-invoice has been issued.
6.1.We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
6.2. The purchased Products will be delivered exclusively in the United States and Canada.
6.3. The purchased Products shall be delivered by a courier service selected by us (“Courier”). We are not responsible for any delivery problems arising from incomplete or incorrect address details supplied by you. Please note that we will not deliver to PO Boxes, address of freight forwarders, or hotels.
6.4. The purchased Products will be shipped out only after we receive your payment in full. If we do not receive your payment in full, whatever the reason, we can delay or refuse dispatching the Products without liability to you.
6.5. All orders over $300 USD require a signature on delivery. If you request to remove the signature requirement, we are not responsible in the event that the package is stolen or lost. Orders over $1000 USD have mandatory signature requests and this requirement cannot be waived.
6.6. Upon delivery of the Products by the Courier, you (or the person designated by you) are required to:
Any damages to the packages and/or the Products, or discrepancies in the number of packages or documentation, or any lack of conformity or patent defects of the Products must be immediately communicated to us.
7.1.The risk of loss of, damage to, and destruction of, the Products shall pass to you when you (or a person designated by you and other than the carrier) take physical possession of the Products at the delivery address given by you or upon the collection of such Products by you or a person designated by you from the store selected by you (“Selected Store”).
7.2. Title in the Products shall pass to you on the date on which the Products are delivered to your delivery address or collected at your Selected Store, as applicable.
8.1. We warrant that the Products purchased from the Website will be, upon the transfer of their title, free from defects in materials and workmanship. If you find that a Product sold by us on the Website has manufacturing defects or is not as described (excluding any non-conformity to the Order Confirmation/Acceptance or those patent defects that should have been identified and indicated at the time of delivery pursuant to Section 6.5), please contact our Client Services immediately by sending an email to care@samuelsohn.com to arrange for the repair or exchange of the Product. If you make any repairs or alterations to the Product without first contacting us, we are not responsible for repairing the defect.
8.2. Because we use natural materials such as, but not limited to, wool, linen, silk, and because our items are handmade, it is possible that imperfections may be found. Likewise, variations in the texture, natural markings, or irregularities of natural products (such as leather or fabric) are inherent to the product and not manufacturing defects. These do not qualify as defects, and we are not responsible for minor repairs resulting from such imperfections.
8.3. Damage, alteration, or modification to the Products caused by you is not a manufacturing defect or a lack of conformity. For example, without limitations, any damage caused by extensive use or wear; improper use (such as direct exposure to sunlight or heat, contact with liquid, rain, or food); normal wear and tear; non-observance of applicable care and/or cleaning instructions, are not manufacturing defects or a lack of conformity.
8.4. Our limited warranty extends only to the original purchaser of Products from the Website. It does not extend to any subsequent or other owner or transferee of the Product.
8.5. With respect to any defective products eligible for the warranty described above, we will, in our sole discretion, either repair or replace such Product (or the defective portion) free of charge or (ii) refund the purchase price of such Products. In the event you request the repair, replacement, or return of a Product due to a manufacturing defect pursuant to this Article 8, if so defective we will bear the delivery costs for returning the Products to be repaired, replaced, or returned, as well as any costs to deliver back to you the repaired or replaced Products.
8.6. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THE AFOREMENTIONED LIMITED WARRANTY.
8.7. EXCEPT FOR THE WARRANTY SET FORTH IN ARTICLE 8, SAMUELSOHN MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) 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.
9.1. Nothing in these General Terms seeks to exclude or limit our liability for:
9.2. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF OUR LIMITED WARRANTY. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE GENERAL TERMS, EACH CONTRACT, OR A PRODUCT, WHETHER ARISING OUT OF OR RELATED TO A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT(S) THAT YOU HAVE PURCHASED THROUGH THE WEBSITE UNDER THE APPLICABLE CONTRACT. IN NO EVENT WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9.3. We are not liable for damage or loss that either you or we could not reasonably have foreseen at the time you accepted these General Terms.
9.4. If you do not comply with the eligibility conditions set out in Article 1, we are not liable towards you for any damage or loss caused by us.
10.1. We guarantee the authenticity of all Products purchased on our Website.
10.2. SAMUELSOHN trademarks, whether figurative or not, service marks, all other marks, brand names, logos used on the Products, the accompanying accessories and/or the packaging, whether registered or not, together with all photographs, illustrations, images relating to the Products, trade or business names, domain names and URLs are and remain our exclusive property or our licensors’ and are protected by applicable copyright, trademark, or other intellectual property laws around the world. We reserve all such rights.
11.1. We may offer you promotions and special offers from time to time. The terms of such promotions and special offers will be specified on the Website (e.g. start and end date of the promotions and offers; minimum order value, if any). Promotions and offers cannot be used in conjunction with any other promotion or offer. To receive the discount or offer applied, you must place your order within the specified date range. The promotional or special offer code must be entered at the time of checkout.
11.2. We reserve the right to (i) end such promotion or special offer early and reject the promotional code at any time, and to (ii) refuse to allow you to participate in the promotion or special offer.
12.1. These General Terms and our Privacy Policy and Refund Policy, and any document expressly referred to therein, represent the entire agreement and understanding between us in relation to the sale of Products from us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
13.1. These General Terms and, therefore, the Contracts entered into with you, shall be governed by and will be interpreted in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
13.2. Any disputes arising out of, or relating to, these General Terms and the Contracts shall be submitted to the jurisdiction of the competent courts of your place of residence.
14.1. We are not responsible for any delay or failure to perform any of our obligations under these General Terms if the delay or failure is caused by a force majeure event or arises from any cause which is beyond our reasonable control, including without limitation any of the following: act of God, governmental act, war, civil war, fire, flood, earthquake, hurricane and other natural disasters, epidemic, pandemic, revolution, insurrection, invasion, military or usurped power, confiscations, terrorist threats or acts, riot or other civil unrest, national emergency, lockouts, strikes or other labor disputes (whether or not relating to our workforce), embargo, interruption or failure in information, technology, electricity or telecommunications services, failure of third parties (such as our suppliers and subcontractors) to perform their obligations to us, restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
15.1. You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export.
16.1. 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 16 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
17.1. The failure by us to enforce any right or provision of these General 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 our duly authorized representative.
18.1. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
If any provision of these General 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.
For further information and assistance with the Website, you may contact us in one of the following manners.
21.1. Any notice to be given under these General Terms or the Contracts will be in writing.
21.2. We will contact you by email or provide you with information by posting notices on our Website. 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.
21.3. To give us notice under these General Terms, you must contact by personal delivery, overnight courier or registered or certified mail to the following address:
Samuelsohn USA, Ind.
501 Madison Avenue
New York, NY 10022
21.4. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.