General Terms and Conditions of Sale 

These General Terms and Conditions of Sale (the “Terms and Conditions”) govern the sale of merchandise by Bulgari Corporation of America (“Bvlgari” or “we”) through the U.S. section of Bulgari.com (the “Website”) or via telephone to a Bvlgari Boutique in the Continental United States, Alaska and Hawaii. Only consumers located within the Continental United States, Alaska and Hawaii may place an order through the Website.

Your use of the Website to purchase merchandise or otherwise, indicates your agreement to follow and to be bound by these Terms and Conditions, our Privacy Policy (available at  https://www.bulgari.com/en-us/privacy-policy ) our Website Terms of Use (available at https://www.bulgari.com/en-us/terms-of-use ) and other notices which may be posted on the Website, and all applicable laws and regulations. The Privacy Policy and Website Terms of Use are hereby incorporated by reference. These are the terms and conditions on which we will supply goods to you. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. Please read these Terms and Conditions carefully before placing orders through the Website. IF YOU DO NOT AGREE WITH ANY TERM IN THESE TERMS AND CONDITIONS PRIVACY-POLICY OR TERMS OF USE, DO NOT PLACE ANY ORDER THROUGH THE WEBSITE.

THE SECTION BELOW ENTITLED “DISPUTE RESOLUTION” REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST BVLGARI. YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO WAIVE YOUR RIGHT TO ASSERT CLAIMS ON BEHALF OF A CLASS. THE “DISPUTE RESOLUTION” SECTION AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.

 

Orders

If you have reached the age of majority (or legal age) in your jurisdiction (typically 17 or 18 years old) and only if you can enter into legally binding contracts under applicable law, you may place orders for Bvlgari products either through the Website, following the directions therein, or by phone, calling us at 1-800-Bvlgari (1-800-285-4274) Monday to Friday from 9AM to 9PM EST and Saturday from 10AM to 6PM EST. We do not accept orders by email. All orders are subject to written acceptance by Bvlgari. It is your responsibility to check that the information displayed in your Shopping Bag accurately reflects your selection before confirming your order.
 

Bvlgari does not warrant that information on the Website (including without limitation product descriptions, colors or photographs) is accurate, complete, reliable, current or error-free. The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products. Your products may vary slightly from those images. Accordingly, Bvlgari shall not be liable for any error or inaccuracy in the photographs or graphical representations of Bvlgari products displayed on the Website. If you have any questions about the products, you may contact the customer service department by emailing us.cc@bulgari.com , calling 1-800-Bvlgari or by live chat through the “contact us” section of the Website.  

Orders may be placed for personal use only, any commercial use excluded. Bvlgari has the right to cancel any order placed by you in the event you have been involved in a dispute concerning a prior order, or if Bvlgari has reasonable grounds to suspect that you have violated these Terms and Conditions, or are or appear to be engaged in fraudulent activities or appear to be purchasing products other than for personal use as permitted by these Terms and Conditions. Bvlgari reserves the right to modify, cancel, terminate or not process orders (including accepted orders) where the price or other material information on the Website is inaccurate, where we have insufficient quantities to fulfill an order, or for any other reason in our sole discretion. In addition, certain products may not be eligible for sale to you if you reside in the State of California. If we do not process an order for any of such reasons, we will either not charge you or will apply credit to the same method of payment used to make the original purchase. Orders may not exceed three (3) products in any buying session.

 

Confirmation of Orders

Direct Website Orders
In order to process the order placed through the Website, you must select the product you wish to buy and click the “Add to Shopping Bag” button. The selected products will then be included in the “Shopping Bag” and the order can be placed by filling out the order form and affirmatively accepting these General Terms and Conditions of Sale. Prior to submitting the order, you are required to verify the accuracy of the information provided and make the necessary corrections. The Order is submitted when you click the “Place Order” button. After placing an order, within twenty-four (24) hours, you will receive an automatic e-mail confirmation from us acknowledging that we have received your order. Please note that clicking the “Place Order” button does not mean that your order has been accepted and purchase completed. Your order constitutes an offer to us to buy a product which may not be accepted. Upon receipt, the order will be submitted to Bvlgari for processing and may not be changed or cancelled by you except as expressly provided in these Terms and Conditions or as required by applicable law. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you a second e-mail that confirms that the product has been dispatched and which contains the relevant tracking number (the “Order Confirmation”). The Order Confirmation will also list each product being dispatched and the final price (inclusive of taxes, shipping and handling charges). The contract between us will only be formed when we send you the Order Confirmation. The Contract will relate only to those products whose dispatch we have confirmed in the Order Confirmation. Bvlgari also reserves the right to require verbal confirmation of orders. If we request verbal confirmation of an order, you will be required to give confirmation of the order by phone and email confirmation will not be sufficient. Bvlgari files for its own records evidence of all transactions between Bvlgari and its customers. Download and file for your own records these Terms and Conditions and the Order Confirmation. In the event of a dispute between Bvlgari and one of its customers relating to a transaction conducted on the Website, you agree that the data recorded by Bvlgari shall be treated as evidence of the details of the transaction.

 

Telephone Orders
Customer Service can place orders by telephone on your behalf. When you contact Customer Service, they will either log in to your account (if you have already registered for an account with Bvlgari) or will create an account for you. To protect your credit card information, orders placed by telephone will use the Pay by Link feature, a hosted payment solution provided by Adyen. Customer Service will locate the products you wish to purchase and place them in your cart. Customer Service will then generate a payment link which will be sent to you by email along with the details of your cart. Each payment link is time limited. When you click on the payment link, you will be re-directed to an Adyen hosted payment form where you can pay using your preferred payment method. You will also be asked to confirm that you accept these Terms and Conditions (including our Return Policy below) and our Privacy Policy. Once your payment has been completed and you have completed the acceptance process, Customer Service will be notified. Your telephone order constitutes an offer to us to buy a Product which may not be accepted. Upon receipt, the order will be submitted to Bvlgari for processing and may not be changed or cancelled by you except as expressly provided in these Terms and Conditions or as required by applicable law. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an Order Confirmation.

 

Pre-orders and Flash Sales

Some products on the Website may only be available for pre-order or during flash sales. Subject to the terms and conditions stipulated in this document as well as those mentioned on the web pages of the individual products available for pre-order or flash sales (delivery period and delivery options), pre-orders and flash sales are covered by the same processes and conditions applicable to standard orders. It is not possible to purchase in-stock products together with pre-order or flash sales items in the same order, meaning you will need to place separate orders. If you pre-order several products with different delivery dates, the entire order will be sent as soon as all products are ready for shipment, i.e. the latest shipping date will apply. The full list of payment methods accepted for pre-orders and flash sales is available on the dedicated checkout page, before the order is completed. In the case of pre-orders, when the pre-order has been completed, Bvlgari will process the purchase transaction by immediately debiting the amount from your chosen payment method and sending you a receipt confirmation for your order. As soon as your pre-order product is ready to be shipped, you will receive an email confirming the shipment. In the case of flash sales, registered users may sign up for a chance to purchase one of the limited products available. To participate in flash sales as a registered user, participants should provide the following information: name, surname, email address, phone number and full address. Flash sales are managed by a third party, and further terms and conditions may apply. Following the end of the flash sale period, participants in flash sales will be contacted to be notified of the outcome of the flash sales. If the flash sale order is accepted, the payment process of the order will be automatically completed. Due to production constraints, Bvlgari may have to fully or partially cancel a pre-order. Bvlgari will inform you of this cancellation as soon as possible and the amount paid will be credited back to the same means of payment used for the purchase.
 

Availability

Bvlgari reserves the right to change the assortment of items offered for sale or advertised on the Website from time to time without prior notice to the customers. Bvlgari will not be liable if any product is out of stock or otherwise unavailable. Some products may not be eligible for sale to you if you live in the State of California.

Bvlgari cannot guarantee that any product advertised or offered for sale on the Website will be available when ordered or thereafter. In the circumstance that any product you select becomes unavailable after we send an Order Confirmation of the order, the customer service unit will inform you by phone or e-mail as soon as possible. You will have the option to choose another product or cancel your order, unless the order which was made was a multiple order, in which case the customer service unit will inform you by phone or email of which part of the order will still be shipped. You will only be charged for the part of the order which is shipped and may then choose another product to replace the unavailable product, which will be processed as a separate order.
 

Prices and Payments

The prices of Bvlgari products are indicated in U.S. dollars, excluding taxes and shipping costs. Bvlgari charges state, county and local sales tax as required by applicable law. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two (2) years from your date of purchase you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.

Bvlgari reserves the right to modify the price of products offered on the Website at any time without prior notice to you. You will be charged the prices displayed on the Website at the time the order was confirmed by you by clicking on the “Place Order” button.

You are responsible for the costs incurred when using the Website in connection with placing an order with us (cost of internet access, telephone costs).

Bvlgari reserves the right to correct any errors or inaccuracies on the Website or to cancel orders if any such information is inaccurate. Subject to availability as noted above, you are obligated to pay for any order placed on the Website immediately upon clicking the “Place Order” button. The amount of the purchase price of the products ordered by you will be blocked on your credit or debit card but your credit or debit card will only be charged upon shipment of the products to you. We do not accept any method of payment other than those listed at checkout. You cannot use store credits or gift certificates issued by Bvlgari boutiques to purchase products offered on the Website. All orders are payable in U.S. dollars. Please note that your order must specify a delivery address within the continental United States, Hawaii, or Alaska. Orders with a shipping address outside of the continental United States, Hawaii, or Alaska will not be processed, nor will U.S. shipping addresses containing Post Office Boxes, freight forwarders, or hotel rooms. Your credit or debit card will only be charged when your order is dispatched. If any of the products in the order is unavailable, Bvlgari will only charge the price, taxes and shipping costs for the products available.

Payment Processing: We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices.
 

Delivery Zone

Products purchased via the Website may only be delivered within the Continental United States, Alaska, and Hawaii, and we specifically exclude Puerto Rico, Guam, and all other U.S. possessions and territories.

The products will be shipped to the delivery address specified during the ordering process. You may specify a single address for each order. Please note that Post Office Boxes, freight forwarders, hold for pickup locations and Hotel addresses may not be used for the delivery of our products.

 

Shipping

During the ordering procedure, Bvlgari will inform you of the standard time required for delivery and the various forms of delivery available for the goods purchased. You will be asked to select the shipping method as a part of the ordering procedure. Delivery costs depend on the value of the order and the delivery service chosen. Bvlgari reserves the right to divide the order into partial shipments. In this case, your credit or debit card will only be charged for a single shipment.

Orders placed by 12:00PM EST Monday through Friday are typically shipped same day. Orders received after 12:00PM EST Monday through Friday are typically shipped the following business day. Orders are delivered Monday through Saturday, where Saturday delivery service is available. Sunday and holiday delivery is not available. While Bvlgari cannot guarantee a delivery time, it provides the following general shipping guidelines:

Standard (UPS Ground)
The order will generally be delivered within four to seven (4 to 7) business days from the shipment date.

Express (UPS 2nd Day Air)
The order will generally be delivered within two to three (2 to 3) business days from the shipment date.

Priority (UPS Next Day Air)
The order will generally be delivered within one to two (1 to 2) business day from the shipment date.

Bvlgari shall not be held liable for any delay in shipping. Upon delivery, a signature confirmation by a person of 21+ years is required for all Bulgari.com orders above $500. You acknowledge that any person taking delivery of the products at the designated address shall be deemed to have done so with your authorization.

 

Click & Collect

“Click & Collect” is a complimentary delivery option available from all our Bvlgari Boutiques in the United States. By choosing “Click & Collect”, your order will be sent to your selected Boutique, where you will have the ability to collect your purchase within fourteen (14) days of the goods arriving at the designated Bvlgari Boutique. We will confirm by email when your order has been sent to your chosen Bvlgari Boutique, and when it becomes available for pickup. Your item(s) will typically be available within two to three (2 to 3) days after the order has been placed. During high volume periods, delays may occasionally occur due to unforeseen factors or events outside our control. Bvlgari shall not be held liable for any delay or failure to make your order available for collection within the estimated delivery time.

If you fail to collect your purchased products within fourteen (14) days of receiving your ready for collection confirmation email, your placed order shall be automatically terminated, and your order will be returned to our warehouse and no longer be available for collection from the designated Bvlgari Boutique. You will be refunded to the original method of payment for the total amount paid, except for personalized and or engraved pieces. For personalized and or engraved pieces that have not been picked up from the designated Bvlgari Boutique within fourteen (14) days, the customer service unit will contact you to make arrangements for delivery.

• When collecting your order, you must bring all of the following items:

1. Proof of your purchase (either digitally or printed)
2. Original method of payment or PayPal confirmation
3. Government- issued photo identification
4. Confirmation email

• If you wish to designate another person to collect your order, they must bring all of the following items:

1. A forwarded copy of your proof of purchase (printed) along with your written consent
2. Original method of payment or PayPal confirmation
3. A copy of the purchaser’s government- issued photo identification
4. Representative’s government-issued photo identification
5. Confirmation email

Before taking possession of your purchased products, you or your designated person must sign our ‘Order Delivery Slip’ as proof of delivery and acceptance of your order. No dispute relating to the actual delivery is possible if the parcel is deemed to have been delivered, our records being considered proof thereof. If for any reason you do not wish to comply with the terms and conditions within our “Click & Collect” policy, you will not be able to use our “Click & Collect” service. The return policy for “Click & Collect” purchases is the same as the one for all Website or telephone purchases.

 

Problems of Delivery

Any failure to deliver or a delivery exceeding ten (10) business days from the shipment date or any discrepancy between ordered and delivered products should be promptly reported to our customer service department by emailing us.cs@bulgari.com , by calling 1-800-Bvlgari or by live chat .

Concierge scheduled delivery allows 2 failed attempts. After each failed attempt, you will receive and email for rescheduling the delivery.
 

Return Policy

a) General provisions

You may return any product that you purchased through the Website for a refund or exchange, within thirty (30) calendar days from the date of delivery, subject to the following conditions:

You must clearly inform us of your intention to return or exchange a product by (1) completing the online return form at https://www.bulgari.com/en-us/returnsearch or (2) writing to BCA 215 Mill Street Lawrence NY 11559 attn. Returns

Please note that fragrances and personalized products, including products with customized engraving or embossing, may not be returned or exchanged. All products must be returned in their original packaging with all their accessories, any free items you received as part of your order, and the warranty /authenticity card if any.

You may also return your online purchase to any of our retail stores in the continental U.S., Alaska or Hawaii but only for an exchange of equal or greater value. Bvlgari boutiques do NOT offer cash refunds on any products purchased online. Products purchased outside of the continental U.S., Alaska, or Hawaii cannot be returned or exchanged online or in retail stores in the continental U.S., Alaska, or Hawaii.

All returns and exchanges must include a printed copy of the invoice received by email and all purchased products must be returned with security tags unremoved in the original packaging along with all accessories, warranty /authenticity card where applicable, and any free items sent as part of the order. Please note that all returns and exchanges are subject to a quality assurance inspection process before they are accepted. Any item with signs of wear, damage, or alteration (including but not limited to re-sizing) cannot be accepted. You will be refunded for the purchase price of the returned products only, the order shipping charges will not be refunded.

Bvlgari will provide you with a complimentary return label as a courtesy for any order with a value under $5,000 (including shipping and taxes). We do not assume any responsibility for reimbursement or compensation in the event that return packages are lost, stolen, or mishandled. For any order with a value equal or greater than $5,000 (including shipping and taxes), please contact our Client Services to initiate the return process. You may be held liable in the case of depreciation of the value of the product as a result of handling that is not consistent with preservation of the nature, characteristics and, where applicable, the correct operation of the products.
Please find below more details on returns and exchanges procedures.

b) Returns online (orders with a value under $5,000 including shipping and taxes)
You may return products purchased online for a refund. To initiate a return, complete the online return form or access your Order History page by logging into your MyAccount to register your return. We will email you a courtesy pre-paid return label. Bvlgari will not assume responsibility for reimbursement or compensation in the event that return packages are lost, stolen, or mishandled. Please fill out the return form and include it along with the product and all accessories, its original packaging, any free items you received as part of your order, and the warranty /authenticity card if any, in the original box before sending the package back.

If you choose not to use the pre-paid return label provided by us, you will be responsible for insurance and shipping fees. You may return the product and all accessories, its original packaging, any free items you received as part of your order, the warranty /authenticity card if any, and the Return Form by directly sending them back to:

BCA 215 Mill Street
Lawrence NY
11559
attn. Returns,

All returns must be received by us not later than 30 days from the day on which your order was delivered to you. Your refund will be credited back to the same method of payment used to make the original purchase on the Website once the returned products are received and passed our quality insurance inspection.

c) Returns to our customer service center (orders with a value of equal or greater than $5,000 including shipping and taxes)
Contact our Customer Service team to initiate your return. Our advisor will assist in setting a pick-up date with our logistics partner. You may be asked at this stage to provide information about the product. You must include in the returning package, the completed return form along with the product and all accessories, its original packaging, any free items you received as part of your order, and the warranty /authenticity card if any, in their original box for the return pick-up. All returns must be received by us not later than 30 days from the day on which your order was delivered to you. Your refund will be credited back to the same method of payment used to make the original purchase on the Website once the returned products are received and passed our quality insurance inspection.

d) Returns to our retail stores
You may also return your online purchase to any of our retail stores in the continental U.S., Alaska or Hawaii. You must return the original packaging, all of the product’s accessories, any free items you received as part of your order, the warranty /authenticity card if any, and all other documents within thirty (30) calendar days from the date of delivery to you. Bvlgari boutiques do NOT offer refunds on any products purchased online. You may request a refund for online purchases by following the instructions in (a) or (b), as applicable. Your refund will be credited back to the same method of payment used to make the original purchase on the Website once the returned products are received in our warehouse and passed our quality insurance inspection.

e) Exchanges in our retail stores
You may exchange your online purchase for a product of equal or greater value to any of our retail stores in the continental U.S., Alaska or Hawaii. Exchanges must be made within thirty (30) calendar days from the date of delivery to you. If you exchange the purchased product for another product of higher price, you will be charged the difference. Gift recipients are entitled to an exchange of equal or greater value only.

f) Exchanges online
Your Bvlgari piece purchased online may be eligible for an exchange on Bulgari.com if a different size or color variant of it is available.
Complete the online return form on www.bulgari.com/en-us/returnsearch or access your Order History page by logging into your MyAccount to submit your exchange request. Note that you will be able to exchange your online order only if the size or color variation of your piece is available in stock and of equal retail price.

Once your exchange request has been submitted, you will need to return the piece you would like to exchange following the instructions above detailed in paragraph b) or c).
Your replacement piece will typically be sent to the shipping address indicated on your original order within two to three (2 to 3) business days after your returned piece has been received and processed. You will then receive a separate e-mail with the new order information and tracking number for the exchange piece. Your new piece will be shipped using the complimentary Standard Shipping method. It will be sent to the shipping address indicated on your original order.
 

Warranty

As a consumer (meaning any individual who is acting for purposes which are outside his or her trade, business or profession), you may be entitled to certain statutory warranties including a warranty that the products supplied to you conform with your contract with us or are otherwise defective. In addition to the above, the following warranty is provided in connection with watches: the Bvlgari watches warranty is valid for five years from the date of the purchase, it will be honored anywhere in the world and covers all manufacturing defects. This warranty does not cover normal wear and tear of the case, metal or leather watchband, crown and glass. It is not valid in case of loss, theft, improper use, negligence or attempts to repair it by unauthorized persons.

 

Repairs

For repair inquiries and assistance, please contact our Customer Service at 1-800-Bvlgari, by email us_cc@bulgari.com or by live chat .

 

Authenticity Guarantee

Bvlgari guarantees the authenticity of all products purchased through the Website. All large leather goods (handbags) issued after August 2017 contain an authenticity chip, which is activated prior to shipment to you.

 

Indemnity

You agree to indemnify, defend and hold Bvlgari, our affiliates, subsidiaries, divisions, and related companies, as well as our agents, suppliers, service providers, retailers, and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from your breach of any provision of these Terms and Conditions. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

 

New Jersey Residents

If you are a consumer residing in New Jersey, the following provisions of these Terms and Conditions do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Indemnity; and (b) under Dispute Resolution, the Arbitration and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.

 

Disputes, Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Any dispute, claim or controversy arising out of or relating to this Agreement, other agreements on the Site, or the Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by arbitration in 555 Madison Ave, New York, NY 10022 before one arbitrator or submitted to small claims court in the City of New York. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules.

Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Governing Law and Rules: This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of New York, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits.

Prevailing Party: In any arbitration arising out of or related to this Agreement, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.

Seeking Arbitration: If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: 555 Madison Ave, New York, NY 10022. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or us may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.

Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

 

Waiver

In the event a court or arbitrator having jurisdiction finds any portion of these Terms and Conditions unenforceable, that portion shall not be effective and the remainder of these Terms and Conditions shall remain effective. No waiver, express or implied, by either party of any breach of or default under these Terms and Conditions will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

 

Bvlgari's Code of Ethics 

Bvlgari’s commitment to conducting business ethically is expressed in its Code of Ethics, available on the Website at https://www.bulgari.com/en-us/corporate-social-responsibility/supply-chain.html . Bvlgari constantly checks that the principles of these codes are respected and properly applied.

 

Updates to these Terms and Conditions 

We may revise or otherwise change or update these Terms and Conditions from time to time. We will use reasonable efforts to notify you of such changes. However, please check the version date at the top of this page to see when these Terms and Conditions were last revised. When changes are made to these Terms and Conditions they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review these Terms and Conditions ―there may have been changes to our policies that may affect you. If you do not agree to these Terms and Conditions as modified, then you must not purchase products from the Website or via telephone. Your subsequent purchase will signify your continued agreement to these Terms and Conditions as revised. We will make reasonable efforts to notify you of material changes to these Terms and Conditions. Such efforts might include posting notice on the Website, an email to the address we have on file, or a message in your Account.

We may assign these Terms and Conditions at any time with or without notice to you. You may not assign or sublicense these Terms and Conditions or any of your rights or obligations under these Terms and Conditions without our prior written consent.
 

Contacting us Partners & Supplier Code of Conduct

If you have questions about these Terms and Conditions, or if you have technical questions about the operation of the Website, please contact us through this online form or by writing us at 555 Madison Ave, New York, NY 10022. If you have any questions or comments about Bvlgari or our products or have other customer service needs, please click here for information on contacting our consumer service representatives.

Additionally, under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
 

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