terms & conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AND THE GENERAL TERMS AND CONDIONS OF SALE CAREFULLY AS THEY APPLY TO YOUR USE OF THIS WEBSITE AND SALE OF PRODUCTS THROUGH THIS WEBSITE.
These terms and conditions of use (the “Terms and Conditions”), are intended to set forth the basic terms and conditions between you and Turquese, LLC or its affiliated companies (the “Company,” “we,” “our,” or “us”). By accessing www.turquese.com or any sub-component thereof (this “Website”), you agree to be bound by these Terms and Conditions. You agree that the Company may make agreements with you by electronic means and that such agreements are enforceable.
Material from this Website is protected by copyright and may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the copyright owner.
Use of the Website is void where prohibited by applicable law and the right to access the Website is revoked in such jurisdictions.
All trademarks on this Website are property of the Company unless otherwise indicated. You must not use such trademarks without the prior written permission of the Company or its owners. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Material on this Website is provided for lawful purposes only.
I. third-party hyperlinks
The appearance on the website of external hyperlinks to third-party sites, in any form, does not constitute endorsement by the Company or any of our subsidiaries and affiliates, of the opinions or views expressed by any such third-party websites and we do not take responsibility for the accuracy, currency, completeness, or quality of the content contained at such sites. Furthermore, we are not responsible for the quality or delivery of the products or services offered, provided, accessed, or advertised by any third party. As such, neither we nor our subsidiaries and affiliates will be responsible or liable to you in any way for any content, errors or omissions, or for the results obtained from the use of any information contained in those third-party sites.
II. disclaimer and limitation of liability/indemity:
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND ALL CONTENT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We are not liable for any damages, harm, or injury that relates to, arises out of, or results from the use of, or access to, or the inability to use, any of the material on this Website. We are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Website or with respect to any content contained on this Website. The entire risk as to the quality, accuracy, adequacy, completeness, correctness, and validity of any content rests with you.
IN NO CASE SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
WHILE THE COMPANY TRIES TO PROTECT THE WEBSITE FROM HACKERS AND VIRUSES, THE COMPANY DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND THE COMPANY DISCLAIMS ANY LIABILITY RELATING THERETO.
III. limitation of time to file a claim
This Agreement constitutes the entire agreement between you and the Company and governs your use of the Website, superseding any prior agreements between you and the Company regarding the Website. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The Company's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. The Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The Company may send you notice with respect to the Website by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Website. Notices shall become effective immediately.
The Company reserves the right to take steps the Company believes are necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that the Company has the right, without liability to you, to disclose any Account information to law enforcement authorities, government officials, and/or a third party, as the Company believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to The Company's right to cooperate with any legal process relating to your use of the Website and/or products, and/or a third-party claim that your use of the Website and/or products is unlawful and/or infringes such third party's rights).
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
These Terms and Conditions are effective as of and were last updated on January 22, 2015.
V. online purchases and terms and conditions of on-line sale
general terms and conditions of sale
This General Terms and Conditions of Sale (the “Terms of Sale”) govern the sales made by TURQUESE LLC (“TURQUESE”) through www.turquese.com (the “Website”) of products (hereinafter the “Products” or “Product”) to you (hereinafter the “Customer”).
All Customers wishing to make a purchase from the Website represent and warrant that they are not acting on a commercial basis, have full legal capacity or are authorized by a parent or guardian to use the credit card or debit card utilized in connection with the transaction to be carried out on the Website.
The Terms of Sale can change and be subsequently amended by TURQUESE. The applicable Terms of Sale shall be applied when an order is placed.
Therefore, the Customer should consult the Terms of Sale on a regular basis so the Customer is aware of the version applicable when placing orders.
product features and availability
The essential features of the Products offered for sale on the Website are described on the Product page. Some Products may be available in different colors.
The color of the actual products may vary from the colors displayed on your computer. Due to computer processing of images and notwithstanding the care taken in producing our Product pages, the colors of Products shown on the Website may be different from their actual color. The particular technical specifications and settings of the Customer’s computer and its display could affect the accuracy of the colors of products offered on the Website. TURQUESE cannot guarantee the Customer’s computer monitor’s display of the color will be accurate.
All orders are subject to acceptance and availability, and items in the Customer’s shopping basket are not reserved and may be purchased by other customers.
Subject to their availability, Products offered for sale together with their prices shall be valid as long as they are accessible on the Website.
If a Product becomes unavailable after placing the order, the Customer will receive prompt notification by email to the address provided for the order, and if the Customer credit card or debit card (the “Customer Card”) has been charged, a reverse authorization will be placed on the Customer Card. In the event that the Customer Card is charged, the full amount charged will be promptly reimbursed to the Customer Card used as payment, in any event the reimbursement shall occur no later than thirty (30) days from the date of the payment. Please allow up to to six (6) business days from the date of the refund transaction to post to the Customer Card and one (1) to two (2) billing cycles for it to be reflected on the Customer Card statement.
TURQUESE may refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time in its sole discretion.
prices and prohibition on reselling
The prices displayed on Website are in U.S. dollars. The prices displayed do not include applicable taxes. Prices listed on product pages are for informational purposes only, and may be changed by TURQUESE at its own discretion without notice. In the event a product is listed at an incorrect price, TURQUESE has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or the Customer Card charged. If Customer Card has already been charged for the purchase and the order is canceled, TURQUESE will issue a credit on the Customer Card. All prices and offers remain valid as indicated from time to time on the Website.
Total invoice prices displayed at the time of purchase include estimated taxes only. At the time of shipment, the card is charged and the final order total is indicated in the shipping confirmation invoice. The shipping confirmation invoice will include the actual sales tax if any.
The information on this Website does not constitute a binding offer to sell products described on the Website to the Customer or to make such products available in the Customer’s area. TURQUESE reserves the right at any time after receipt of the Customer’s order to accept or decline the Customer’s order, or any portion thereof, in its sole discretion, even after the receipt by Customer of an order confirmation or after Customer Card has been charged. TURQUESE reserves the right to restrict multiple quantities of a Product being shipped to any one Customer or postal address.
PLACING AN ORDER
Once the Customer has selected the size, color and quantity of the Product or Products the Customer wishes to order, the Customer must follow the instructions provided.
Once the required order information is completed, the Customer will be directed to the payment page to finalize the order. The Customer shall be responsible for checking the accuracy of this information prior to final confirmation of the order (in particular names, address, number, postal code, etc.). TURQUESE shall not be responsible for any mistake by the Customer in the information provided at the time of the order confirmation. If information relating to recipients is incorrect, TURQUESE may not be held liable for any delay or failure to deliver an order.
Once payment has been made, an email summarizing the order and acknowledging receipt will be sent immediately to the email address provided by the Client.
TURQUESE reserves the right at any time after receipt of the order to accept or decline the order, or any portion thereof, in our sole discretion, even after the Customer receives an order confirmation or after the Customer Card has been authorized. If the Customer Card has already been authorized for the purchase and the order is canceled, we will issue a credit to the original method of payment.
TURQUESE accepts MasterCard®, Visa®, American Express®, and Discover® or any other methods which may be clearly advertised on the Website as methods of payment. By making an offer to purchase merchandise the Customer expressly authorize TURQUESE or any third party vendors utilized by TURQUESE in connection with the processing of on-line payments to perform credit checks and verify the information provided.
Customer confirms that the Customer Card that is being used is Customer’s or that Customer has been specifically authorized by the owner of the card used as Customer Card to use it. If the issuer of the Customer Card refuses to authorize payment, TURQUESE will not be liable for any delay or non-delivery of the Products.
All transactions on the Website are processed using STRIPE (www.stripe.com) a secure online payment system that encrypts the Customer Card details in a secure environment. TURQUESE will not store any Customer Card information except as necessary to carry out the transaction.
TURQUESE takes reasonable care to keep the details of a Customer’s order and other information secure, but TURQUESE cannot be held liable for any loss a Customer may suffer if a third party procures unauthorized access to any data provided when accessing or ordering from the Website.
As indicated at the time of purchase and by the order confirmation email, the Customer is responsible for any and all shipping costs associated with the delivery as indicated at the time of purchase. Flat shipping fees apply for Ground, Next Day, and Second Day as indicated at the time of shipping. International Rates apply depending on the designated country to be shipped to. The Customer shall select the shipping method when placing the order. Once the order is placed, the Customer will not be allowed to change the shipping method or address.
All packages are shipped via FEDEX.
PLACE OF DELIVERY
The Products purchased on Website can be delivered to both U.S. and international addresses, however items cannot be shipped to a P.O. boxes or APO/FPO addresses. All orders are shipped via FedEx Ground, FedEx Overnight, or FedEx International. All customs & duty fees as well any local taxes due, are the customer's sole responsibility.
Subject to receipt by TURQUESE of the full payment, deliveries shall be made to the address provided the time of placement of an order.
Unless indicated otherwise after the final confirmation of order, the delivery period for Products ordered from the Website include up to 5 business days to process the order for shipment, in addition to the time indicated by the Client’s preferred shipping method. i.e. next day, second-day, ground. Orders are processed and delivered Monday through Friday, excluding holidays. Saturday delivery not available. TURQUESE is not responsible for unanticipated delays due to conditions such as weather or air travel delays.
The Products shall be submitted for return to TURQUESE to the courier designated pursuant to the instructions provided by TURQUESE to the Customer within fifteen (15) days from the date of shipment, in their original condition, in the original packaging, and must be accompanied by the shipping confirmation invoice.
TURQUESE will only accept full-price Products in their original condition for a full refund when accompanied by the shipping confirmation invoice inside the package. TURQUESE will not accept merchandise that has been worn, used, altered or damaged. Products should be returned unused and with all Turquese elegant waterwear ™ and Products’ tags or stickers still attached and the Products shall be unused in their original packaging.
Sale-priced Products, or Products marked as “Final Sale” at the time of the order, are final sale and cannot be returned, and TURQUESE will not issue any credit towards the return of said Products.
Returns will be processed within seven (7) to ten (10) business days of receipt of the Products by TURQUESE. Refunds may only be issued on the same Customer Card utilized for payment. Please note that the original shipping charges except in the case of a free shipping event for any returned item(s) are the Client’s responsibility and will not be refunded. TURQUESE will not assume any liability for reimbursement or compensation in the event that return packages are lost, stolen, or mishandled by the courier.
TURQUESE reserves the right to refuse return of any merchandise that does not meet the above Return Policy.
A full refund of any returned Products that complies with the Return Policy shall be reimbursed as soon as possible and, in any event, within 30 days from the return of the Products by the Customer to TURQUESE. Returns of Products that do not comply with the Return Policy may be accepted at the sole discretion of TURQUESE. Returns of Products that are damaged or do not comply with the Return Policy may not be accepted by TURQUESE and will be returned to Customers at their expense.
severability of clauses
If one or more of the provisions in the Terms of Sale are deemed or declared null and void, unenforceable, or illegal, the other provisions shall remain unaffected in terms of their validity and scope.
The laws of the State of Connecticut govern these Terms of Sale, and the Customer irrevocably consent to the jurisdiction of the courts located in the County of Fairfield for any action arising out of or relating to these Terms and Conditions of Sale. The Website has been designed to comply with the laws of the State of Connecticut and of the United States. If the Website fails to comply with the applicable legislation in the country from which the Customer accesses the Website, the Customer must stop using the Website.
DISCLAIMER, ERRORS & INACCURACIES
TURQUESE is not responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user's reliance on information obtained from or through this Website.
Our goal is to provide complete, accurate, and up-to-date information on our Website. Unfortunately, it is not possible to ensure that any Website is completely free of human or technological errors. This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and to change or update information at any time without prior or subsequent notice.
For any further clarification or questions, please contact us by email at email@example.com.
Last updated January 22, 2015