Thank you for visiting the Simone Perele eBoutique at us.simone-perele.com (the "Site" or "Website").

YOU SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE. Your use of this Site is governed by the following terms ("Terms"). If you do not agree with all the Terms, please refrain from using this Site.

By using this Site, you agree to comply with, and to be bound by, these Terms. Simone Perele ("we/us/our") may, from time to time, change these Terms in its sole discretion. By using this Site after such a change, you agree to comply with, and to be bound by, the Terms as changed. You acknowledge that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between you and Simone Perele regarding your use of the Site. These Terms and Conditions do not create any agency, partnership, or other form of joint enterprise between you and Simone Perele.

PERSONAL USE
In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases on us.simone-perele.com . Any purchases, services, content or samples available on the Site are for personal use only. You may not sell or resell any of the products, services, content or samples you purchase or otherwise receive from the Site. We reserve the right, with or without notice, to cancel, limit or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

ACCURACY OF INFORMATION
Simone Perele attempts to be as accurate as possible when describing products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content are accurate, complete, reliable, current, or error-free.

 

FINAL SALE PRODUCTS
Products listed as "Final Sale", including all products featured in the "Private Sale" category of the site, are not eligible for return or exchange. 

 

TEXT MESSAGING PROGRAM
By clicking the subscribe button to sign up for the text messaging program, or opting-in through some other explicit means (opting-in via short code or entering your phone number into an on-site collection widget), you expressly consent to receive non-marketing and marketing text messages (also known as SMS) from Simone Perele, at the telephone number(s) that you provide.

We require a valid email address to sign up for the text messaging program. It is a required field for our text messaging program functionality. By clicking the subscribe button to sign up for the text messaging program, or opting-in through some other explicit means, you expressly consent to receive marketing messages at this email address. You may opt-out of these emails at any time by clicking the unsubscribe link at the footer of any email. You may receive help by contacting us at wecare@simone-perele.com. When you sign up for the text messaging program, or opt-in through some other explicit means (via short code or entering your phone number into our website), you are representing that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying if you change your mobile telephone number. Simone Perele reserves the right to require you to prove that you are at least 18 years of age.

You may opt-out of these communications at any time. To stop receiving text messages from us, reply STOP to any text message you have received. You will then receive confirmation of your opt-out. If you are based in the US, you agree that this does not violate your opt-out rights in respect to the TCPA (Telephone Consumer Protection Act). Details on how to opt-out are also available within any marketing communications you receive from us (including in the text messages). You may receive help by contacting us at wecare@simone-perele.com.

Simone Perele text messages are intended to provide you with information about upcoming deliveries and Simone Perele’s goods and services (e.g. Simone Perele’s coupons, promotions, product launches, sweepstakes, and contests). We explain why we use your personal information in accordance with the terms of our Privacy Policy. You do not have to consent to receive marketing text messages to purchase any products from us.

The number of text messages that you receive from us will vary depending on how many of Simone Perele’s text messaging programs for which you sign up to receive messages. You will receive a maximum of five (5) messages per week. Message and data rates may apply to each text message sent or received in connection with our text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges.

If you are based in the US, you agree to indemnify Simone Perele in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Simone Perele if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the TCPA.

You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Simone Perele’s control, and Simone Perele is not responsible or liable for issues arising from them. We may suspend or terminate your receipt of Simone Perele text messages if Simone Perele believes you are in breach of these Terms. Your receipt of text messages from us is also subject to termination in the event that your mobile telephone service terminates or lapses. We the right to modify or discontinue, temporarily or permanently, all or any part of our text messaging, with or without notice.

PROPRIETARY RIGHTS
All of this Site’s design, text, graphics, logos, button icons, images, audio clips, data, information, illustrations, charts, indices, reports, data, HTML code and screens, the selection and arrangement thereof, and all software on this Site is owned by or licensed to Simone Perele, its affiliates, partners or licensors, and is subject to protection by U.S. and international intellectual property laws, including, but not limited to, rights in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world.

TRADEMARKS
The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of Simone Perele, its affiliates, partners or licensors, in the United States and other countries, and are protected by the United States and international trademark laws.
Permission is granted to electronically copy and to print in hard copy portions of us.simone-perele.com for the sole purpose of placing an order on the Site or using it as a personal shopping resource. Any other use of materials on the Site, including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance, is strictly prohibited without the prior written permission of Simone Perele.

SUBMISSIONS
You agree that any and all comments, messages, postings, data, suggestions, creative ideas, designs, concepts, product suggestions and other items or materials disclosed, submitted or offered to Simone Perele through or in connection with this Site ("Submissions"), including, but not limited to, survey responses, shall be treated as non-confidential and not proprietary and shall become, and remain, Simone Perele property. Such disclosure, submission or offer of any Submission shall constitute an assignment to Simone Perele of all rights, title, and interests in all copyrights and other rights in the Submission. Simone Perele is, and shall be, under no obligation (i) to maintain any Submission in confidence; (ii) to pay to anyone any compensation for or in connection with the use of any Submission; or (iii) to respond to any Submission. You represent and warrant that no Submission by you will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making any Submission through, in connection with or related to this Site, you agree that Simone Perele has the right (but not the obligation) to copy, publish, distribute or use such Submission, or any part or parts thereof, for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. Simone Perele does not, cannot and does not agree to consider or review every Submission, and is not liable or responsible for the content of any material posted on this Site by users. You agree not to upload, post, distribute or otherwise publish on this Site any material that (i) is libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy; (ii) infringes the intellectual property rights, including, but not limited to, any copyright, patent, trade secret or trademarks, of any person or entity; (iii) is illegal in any way or advocates illegal activity; or (iv) advertises or solicits funds, goods or services. You are and shall remain solely responsible for the content of any Submission you make.

THIRD PARTY LINKS
Simone Perele does not have any responsibility for the content of any other websites linked to or from the Site, including our affiliates’ websites. Links appearing on the Site are for convenience only and are not an endorsement by Simone Perele, its affiliates or partners of any other party or website. All use of, or reliance on, third parties’ websites, content, services and products is at your own risk. Simone Perele does not endorse and does not take any responsibility for any content, advertising, products or services made available on or through such third parties’ websites. You should carefully review the terms and conditions and privacy policies of all websites that you visit.

MEDICAL DISCLAIMER
The statements and products available at the Simone Perele online store are not intended to diagnose, treat, cure or prevent any condition or disease. Use of this Site is not meant to serve as a substitute for professional medical advice: this Site is solely an online store for specialty intimate apparel products.

DISCLAIMER; LIMITATIONS OF LIABILITY
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (C) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OTHER WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEB SITES; (F) ANY INACCURACIES OR OMISSIONS IN CONTENT; (G) THE USE OF ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE; OR (H) ANY OTHER MATTER RELATING TO THE SITE.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF MERCHANT TO YOU FOR ALL LOSS OR DAMAGE EXCEED ONE HUNDRED DOLLARS ($100.00).

INDEMNIFICATION
You agree to indemnify and hold harmless, and at Simone Perele’s option, defend Simone Perele, its affiliates, and its officers, directors, partners, members, managers, shareholders, employees, agents, representatives, partners or licensors for any loss, damages or costs, including reasonable attorney's fees relating to and resulting from (a) any breach of these Terms and Conditions; and (b) any use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on the Site’s infrastructure.

REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant that (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; and (c) your use of the Site will comply with Terms and Conditions.

PRIVACY POLICY
These Terms & Conditions include our Privacy Policy (click here)

ADDRESS AND COMMUNICATIONS
For any questions or concerns, please send an e-mail to WeCare@Simone-Perele.com or write to us at the following address:
Simone Perele, Inc.
Attention: Legal Department
183 Madison Avenue, Suite 1107, New York, NY 10016

LOCAL LAWS AND EXPORT CONTROLS
Simone Perele does not make any representation that the Site is appropriate or available for use in other locations outside the United States. If you are using the Site in the United States, you are solely responsible for compliance with all applicable laws, including, but not limited to, rules, regulations, interpretations and determinations of any regulatory authority, or any provision of federal, state laws and with all United States export laws and all other applicable laws. If you use the Site from outside the United States, you are solely responsible for compliance with all applicable laws, including, but not limited to, export and import regulations of the United States and other countries.

APPLICABLE LAW
The laws of the State of New York will govern these disclaimers and terms and conditions, without giving effect to any principles of conflicts of laws. Simone Perele reserves the right to make changes to the Site and its disclaimers, policies, and terms and conditions at any time as described above. In connection with any litigation, without limiting our right to bring an action against you in any jurisdiction, you further agree to submit to the exclusive jurisdiction of and venue in the state courts located in the County of New York, in the borough of Manhattan and in the federal courts located in the Southern District of New York.

ACCESSIBILITY
Simone Perele strives to ensure that its online services are accessible to people with disabilities. Simone Perele has invested a significant amount of resources to help ensure that its website is made easier to use and more accessible for people with disabilities, with the strong belief that every person has the right to live with dignity, equality, comfort, and independence.

To read our full accessibility statement, please click here.

To enable the accessibility menu, please click on Accessibility link in the footer menu of the website.