Monique Péan

Terms

Terms of use

By visiting the MONIQUE PÉAN website (“Site”), www.moniquepean.com (“MONIQUE PÉAN”), you are accepting and consenting to be bound by the Terms of Use provided herein, as well as the Privacy Policy.

IF YOU DO NOT AGREE WITH THESE TERMS OF USE, OR ANY POSTED GUIDELINES OR RULES, PLEASE DO NOT USE THIS SITE. We reserve the right, in our discretion, to update or modify the Terms of Use at any time by posting such new terms on the Site. Such changes shall be effective immediately upon posting with the date of the most recent revisions appearing at the bottom of this page. We encourage you to review these Terms of Use whenever you use the Site. Your continued use of the Site and/or Services will constitute your acceptance of this Agreement, as amended from time to time.

Registration

All MONIQUE PÉAN online clients must register an account in order to make purchases. You agree to provide true, accurate, current and complete registration information about yourself and to update such information promptly so as to ensure its accuracy. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on the Site. If we believe any information that you provide is untrue, inaccurate, out of date or incomplete, we may suspend or terminate your account and refuse you any and all current or future use of the Site.

As a registered user you also gain privileged access to exclusive content and will be notified when new products arrive.

Your email address will function as your username each time you log in, and we ask that the account password you provide be unique and kept secure. In the case of a breach of security or unauthorized use of your account, please notify MONIQUE PÉAN at concierge@moniquepean.com. For the security of your account, a new password will be generated and sent to the email address associated with your account. You may change this password by logging into your account.

Please refer to our Privacy Policy for information about how we use your data.

Placing an order

When you add an item to your shopping bag, you may either continue shopping or proceed to the checkout. If you are not logged in when proceeding to the checkout, you will be prompted to do so. Checkout involves 4 simple steps: Billing, Shipping, Payment and Order Confirmation.

Once we have received your order, you will receive an email acknowledging the details of your order. This email is not an order confirmation but rather recognition that we have received your requested order.

Please note that this does not guarantee the availability of the merchandise and that ALL ORDERS ARE SUBJECT TO AVAILABILITY. Although we make every effort to feature in stock pieces on our site, occasionally we may sell out of featured items. If we are unable to complete your order, you will be notified via email within 5 business days and will not be charged for orders that cannot be fulfilled.

ONCE AN ORDER HAS BEEN PLACED, WE ARE NOT ABLE TO MODIFY OR CANCEL YOUR ORDER. We reserve the right to decline your order in the event that we are unable to obtain authorization for payment, there are shipping restrictions for a particular item, or we do not have the item in stock.

Items in your shopping bag are not reserved and may be purchased by other clients. You may choose to register your email address to the waiting list for notification of arrival of a selected piece.

Return and exchange policy

Due to the handmade and one-of-a-kind nature of our pieces, we are unable to accept returns. Existing pieces may be exchanged for credit within 10 business days of receipt of purchase. Special orders and custom orders are final sale - refunds and exchanges are not applicable.

Repair policy

For repairs, please email concierge@moniquepean.com with the item in need of repair, what repair is needed, details from the original sales invoice and your contact information.

If we determine that we can accept your repair, we will reply and provide you with a Return Merchandise Authorization (RMA) number and shipping information. Please allow approximately 2 weeks for a repair assessment. A repair fee estimate will be provided either prior to or upon receipt of your item, depending on the nature of the repair. Please note that we are not responsible for your item until it is in our possession and that repairs typically require 4-6 weeks to complete.

Payment

We currently accept payments by Visa, MasterCard and American Express. Payment will be debited and cleared from your account upon order confirmation. In filling out the payment requirements, you confirm that you are an authorized user of the credit/debit card. All credit/debit cardholders are subject to validation checks and authorization by the card issuer.

If the issuer of the credit/debit card rejects authorization of payment to MONIQUE PÉAN, we will not be held liable for any delay or non-delivery.

Sales tax

MONIQUE PÉAN does not charge sales tax for orders delivered in the United States with the exception of deliveries in the state of New York, in which applicable sales tax will be added to the order amount.

Domestic shipping

Shipping costs are estimated in the shopping bag checkout process, and are subject to additional fees based on the order total, shipping destination, and cost to insure your delivery.

Once we have shipped your order, you will receive an email update with shipping details and a FedEx tracking number. You may follow the link in the email to check the estimated arrival of your order. In the event of a production delay, we will promptly notify you with an updated timeframe. MONIQUE PÉAN cannot be held liable for unanticipated delays in production, shipping or address verification.

All domestic shipments are handled by FedEx and will require signature upon delivery. Orders may not be shipped to P.O. Boxes or APO/FPO addresses. Please be aware that all orders are processed Monday through Friday, and delivery time does not include Saturdays, Sundays or Holidays.

Please Note: Your order will only be shipped once payment and delivery details have been approved. If you require overnight delivery, please contact a MONIQUE PÉAN team member at concierge@moniquepean.com and we will do our best to accommodate your request.

International shipping

All international packages are sent via FedEx International or DHL which feature tracking and typically send orders out to most cities within 3-5 business days after confirmation of order. Local taxes and duties may be applicable for your order depending on the destination country. As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are shipping to; payment of these duties is necessary to release your order from customs on arrival. We do not accept any responsibility for orders that are not accepted due to failure to pay duties and taxes. As we are unable to advise on the amounts that may be due, we will always seek your confirmation by email prior to shipping an international shipment. Please look out for this email to ensure a timely shipment of your order.

If the import fees on the international package are not paid upon receipt, the package will be returned to our studio. If the shipment is refused, the package is undeliverable, or the import fees are not paid, you will be responsible for the original shipping charges as well as the return shipping and import fees.

Ownership of content

Apart from items in the public domain, all content, design, information, text, images, names, likenesses, pictures, graphics, formats, code and software, technical drawings, configurations, graphics, photographs, audio and video files, scripts, links, interactive features and other material and files (collectively, “Content”) used on or incorporated into this Site, and the selection, arrangement and/or integration of all such Content are either registered trademarks, trademarks, trade names, service marks, copyrights or otherwise protected property of MONIQUE PÉAN, or used under license or otherwise, and all rights thereto are specifically reserved. Except as otherwise expressly provided herein, Content on the Site may not be used, copied, published, broadcasted, distributed, reproduced or transmitted without our prior written consent.

You agree to comply with, and keep intact, any copyright notices, trademark notices, information, or restrictions contained in or on any Content available on, incorporated into or accessed through the Site. You may not copy, use, download, modify, frame, publish, transmit, retransmit, transfer or sell, license, reproduce, create derivative works from, distribute, perform, display, disseminate, broadcast, cache, rearrange, redistribute, alter, adapt, crop, re-size, reverse engineer, move, remove, delete or in any way exploit or make commercial use of, any material obtained through the Site, including without limitation Content, in whole or in part, directly or indirectly, without the prior written consent of the owner thereof, except as expressly permitted in this Agreement, on the Site, by MONIQUE PÉAN (and all other entities with an interest in the relevant intellectual property) in writing in each instance or under applicable law.

Restrictions on use

Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content on the Site.

You agree not to use the Site to provide information which is incomplete, false, inaccurate and not your own; engage in criminal activity or otherwise give rise to conduct that may violate the law or fail to comply with accepted internet protocol; attempt to interfere in any way with the Site or the Site’s security or to sue the Site’s service to gain unauthorized access to any other computer system.

Third party websites

The Site may contain links to websites and resources on the Internet that are unrelated to MONIQUE PÉAN and which are owned and operated by third parties (“Third-Party Sites”). MONIQUE PÉAN does not make any representations or warranties about any Third-Party Sites you may access through this Site. These links are provided solely as a convenience to you and do not constitute an endorsement by or imply that MONIQUE PÉAN sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses any Third-Party Sites. We are not responsible for the contents of or any products or services offered on any Third-Party Sites. You must make your own independent decisions regarding your interactions or communications with any other website. Material available on or through Third-Party Websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of such third-party sites, and not the terms and conditions of this Agreement, govern your use of that material.

Security

From time to time, we may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts, as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of these Terms, we may, in our sole discretion, declare you to be in breach of the Terms, suspend or terminate your use of the Site, and/or seek prosecution to the fullest extent of the law.

Disclaimer and limitation of liability:

MONIQUE PÉAN attempts to provide accurate and timely information. There may, however, be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site without notice.

Your use and browsing of, and any reliance by you upon this Site is at your own risk and you assume responsibility associated with the Site, provided “AS IS.” MONIQUE PÉAN disclaims all warranties, conditions, representations and endorsements of any kind, either expressed or implied, with regard to the information accessed including all content and material, functions and services provided on the Site, provided without warranty of any kind, including the warranties concerning availability, accuracy, completeness, usefulness of content and information, uninterrupted access, and any warranty of title, non-infringement, merchantability or fitness for a particular purpose.

MONIQUE PÉAN does not warrant that the Site, content, materials or services will be timely, secure, uninterrupted or error free, or that defects will be corrected. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk, and you are solely responsible for any damage that may result.

In no event shall MONIQUE PÉAN, its affiliates or any other respective directors, officers, employees, agents, or content or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or cause of action arising from or in any way related to the use of, or the inability to use, or the performance of the Site or the Content and materials or functionality on or accessed through the Site including, loss of revenue, or anticipated profits or lost business, data or sales or any other type of damage, tangible or intangible in nature. Some jurisdictions do not allow this limitation or exclusion so this may not apply to you.

Indemnification/release

You hereby agree to indemnify, defend and hold harmless, MONIQUE PÉAN, its affiliates, subsidiaries, and its and their respective officers, directors, employees and agents, from and against any and all claims actions or demands, liabilities, losses, expenses, damages and costs, including without limitation reasonable legal and accounting fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party proprietary right.

General provisions

Governing Law And Limitation Of Actions. The terms of this Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of law rules, and you and we irrevocably consent, in connection with any action to enforce this Agreement or arising out of your use of the Site, to the jurisdiction of the federal and state courts located in New York, New York. No action arising out of this Agreement, regardless of form, may be brought by a user more than one (1) year after the cause of action has arisen.

Miscellaneous

These Terms of Use and MONIQUE PÉAN’s Privacy Policy set forth the entire agreement between the parties relating to the use of the Site. If any provision of this Agreement is held to be unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. You agree that this Agreement and all incorporated agreements may be automatically assigned by MONIQUE PÉAN, in its sole discretion, to a third party in the event of a merger or acquisition.

Contact Us

For more information on our Customer Service policies, email us at concierge@moniquepean.com.