Legal

Alain Fagnidi LLC

TERMS & CONDITIONS

This website is owned and operated by ALAIN FAGNIDI LLC. By visiting our website and accessing the information, resources, services, products, and tools that we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as "User Agreement"), along with the terms and conditions as stated in our privacy.

This agreement is in effect as of November , 2000. We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such changes will constitute acknowledgment and agreement of the modified terms and conditions.

 

USER AGREEMENT

RESPONSIBLE USE AND CONDUCT

By visiting our website and accessing the information, resources, services, products, and tools that we provide for you, either directly or indirectly (hereafter referred to as "Resources"), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices and guidelines.

Wherein, you understand that:

  1. To access our Resources, you may be required to provide specific information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
  2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).
  3. Obtaining (or attempting to get) any of our Resources by any means other than through the means we provide, is strictly prohibited. You expressly agree not to access (or attempt to obtain) any of our Resources through any automated, unethical or unconventional means.
  4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and networks to which our Resources are located or connected, is strictly prohibited.
  5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
  6. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  7. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any material to our website, then it is your responsibility to use these tools responsibly and ethically. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share or otherwise distribute any content that
  8. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any suggestive, inappropriate, or explicit language.
  9. Infringe on any trademark, patent, trade secret, copyright, or other proprietary rights of any party.
  10. Contain any unauthorized or unsolicited advertising.
  11. Impersonates any person or entity, including any ALAIN FAGNIDI LLC employee or representative.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any material that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you as a result of this consent to such removal, and permission to waive any claim against us.

 

  1. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our site provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks becomes the property of ALAIN FAGNIDI LLC. As such, you grant us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that provided as part of the registration process, necessary to use our Resources. Our privacy policy covers all information provided as part of our registration process policy.

 

  1. You agree to indemnify and hold harmless ALAIN FAGNIDI LLC and its directors, officers, managers, employees, donors, agents, licensors, and affiliates from and against all losses, expenses, damages, and costs. This includes reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

PRIVACY

Your privacy is essential to us, which is why we've created a separate Privacy Policy to explain in detail how we collect, manage, process, secure, and store your private information. To read our privacy policy in its entirety, write us an email to office@fagnidi.com.

LIMITATION OF WARRANTIES

By using our website, you understand and agree that all Resources we provide are "As Is" and "As Available." We do not represent or warrant to you that:

  • The use of our Resources will meet your needs or requirements.
  • The use of our Resources will be uninterrupted, timely, secure or free from errors.
  • The information obtained by using our Resources will be accurate or reliable.
  • Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

  • Any content downloaded or otherwise obtained through the use of our Resources is done at your discretion and risk and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
  • No information or advice, whether expressed, implied, oral or written, obtained by you from ALAIN FAGNIDI LLC, or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

 

LIMITATION OF LIABILITY

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for the use of products and services. ALAIN FAGNIDI LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

COPYRIGHTS/TRADEMARKS

All content and materials available on this website, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of ALAIN FAGNIDI LLC and by applicable copyright and trademark law are protected. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited unless specifically authorized by ALAIN FAGNIDI LLC.

TERMINATION OF USE

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

GOVERNING LAW

ALAIN FAGNIDI LLC controls this website from our offices located in the state of New York. Most countries around the world can access it. By accessing our site, you agree that the statutes and regulations of New York, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. 
Furthermore, any action to enforce this User Agreement shall cause grounds for litigation in the federal or state courts located in New York. You hereby agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

GUARANTEE

UNLESS OTHERWISE EXPRESSED, ALAIN FAGNIDI LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

CONTACT INFORMATION

If you have any questions or comments about our User Agreement as outlined above, you can contact us at:


ALAIN FAGNIDI LLC

office@fagnidi.com

 

 

PRIVACY STATEMENT

YOUR PRIVACY RIGHTS (US)

Updated 11/01/18

ALAIN FAGNIDI LLC values you as a customer and respects your privacy. This Privacy Policy explains what personal information we collect through this website, how that information is used, to whom it's disclosed, and how we safeguard your information. By "personal information," we mean your identifying information (like name, home address, and email address), and descriptive information (like preferences) ("personally identifying information"). Your access and use of the Website constitute your acceptance of our Privacy Policy and Terms of Use including any of their changes or revisions.

We do not sell your information to any third party for any reason. Additionally, we do not disclose your personal information to unaffiliated third parties. We may share your personal information with third parties or affiliates of ALAIN FAGNIDI LLC with whom we have contracted to perform services on our behalf or to complete a transaction you authorized. All companies that act on our behalf are contractually obligated to keep the personal information we share only to provide the services we ask them to perform.

This Privacy Policy addresses the following issues:

  • How personal information we collect on our website and how is it used.
  • How our website interacts with third-party sites and content.
  • Information we share with third parties.
  • The choices you have over how we use your information.
  • Our policy for visitors outside the US.
  • How you can update your personal information.
  • How we address Children's privacy.
  • How we keep your personal information secure.
  • Who you can contact with questions and concerns regarding this policy.

Because we continue to develop our Website and improve the service we provide, our policies will change over time. Should you register with our website, we may notify you by email of material changes of our Privacy Policy. You may exercise your choice about how we collect and use your information consistent with this Policy at any time. If you have any questions about our Policy, please contact us at office@fagnidi.com.

 

HOW IS MY PERSONAL INFORMATION COLLECTED AND USED ON YOUR WEBSITE?

  1. Information Collected Directly From You Through This Website

We collect personal information directly from you to do all the things typically associated with e-commerce websites. Examples of the information we collect include name, address, telephone number, age, size, gender, interests, personal preferences, demographical information, email address, credit card number, and purchase information.

Below is a list of information collected in various places on our website:

  • Open an account on the site.
  • Check out with your online order.
  • Subscribe to catalogs, email offers, and mobile messaging offers.
  • Participate in surveys, contests, or sweepstakes.
  • Interact with ALAIN FAGNIDI LLC through special events.
  • Applying for a job or communicating with Customer Service.
  • Partake in forums, bulletin boards or other online means for posting your comments, feedback, images, or content on the website.
  • Browse through contents of the site.

We may combine all of this with information about you that we acquire from our joint marketing partners and other unrelated third parties.

We also collect information about those you know—when you provide it to us. For example, we receive your gift recipient's contact information to process your gift orders. We use this information to personalize your online experience on our website. We process your online orders (including sending emails to confirm your order status and shipment date), to communicate with you about our products, services, contests, and promotions (unless you have directed us not to contact you with promotional communications).

We improve our products and services, analyze trends and statistics and protect the security and integrity of our website and our business. We personalize your online experience with content and offers that meet your interests. Notify you regarding surveys and contests, enable you to post information on our website and facilitate online social activity centered on our products and services. Interaction allowed with third-party content service providers whether by linking to their sites, viewing their content within our web environment or by viewing our content within their web environment.

If you e-mail a wish list to a friend, we will not retain the names or e-mail addresses of the recipient of your wish list.

You always have the choice not to receive marketing information or calls. You will find instructions on opting out in our newsletters and on your online profile at ALAIN FAGNIDI LLC.

  1. Technical Information Collected
  2. Navigational Information

When you visit this website, we collect navigational information, such as browser type and version, service-provider identification, IP address, the site from which you came, and the location to which you navigate.

  1. Cookies and Related Technology

To better understand what you do while on our website, we use a browser feature known as a cookie. A cookie is a small data file that is stored by your web browser on your computer. It is used to do things like see how you navigate our website and remember you and your online purchases when you return. This helps us improve our site, provide better customer service, personalize your online experience, and personalize offers to you based on your unique tastes and purchase history.

We also use pixel tags (also known as clear gifs or web beacons) on our website and in our emails. A pixel tag is an embedded graphic image on a web page, web-based document or e-mail message. The pixel tags are used to collect information about your visit, including the pages you view, which website you came from, the features you use, the links you click, and other actions you take in connection with the sites. Pixel tags in emails help us confirm the receipt of, and response to, our emails, including those that you forward to friends and family; and they help deliver a more personalized online experience.

This technology allows us to associate your online navigational or transactional information with any personal information you provide (such as name, address, phone number, and email address). As an example, we may use cookies to keep track of what you put into your shopping bag. That can help us contact you if your online session is disrupted in mid-purchase, resulting in an abandoned cart. We can also use this technology to determine whether you would be interested in participating in special events, given your preferences. The result is a more personalized experience tailored to your needs and tastes.

You can disable or delete cookies by changing your browser settings. However, because cookies allow you to take advantage of some of ALAIN FAGNIDI LLC essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Shopping Cart, proceed to Checkout, or use any ALAIN FAGNIDI LLC products and services that require you to sign in.

 

  1. Information Others Observe or Collect Through Technology

Third-party service providers help us analyze our visitor's site and purchase preferences, and may help us deliver ads to you about our products through banner ads when you visit other websites (often referred to as "online network advertising"). The following provides more information about these service providers and the choices you have concerning their services.

  1. Analysis

We contract with analysis companies to better understand your use of our websites and web capabilities like embeddable widgets. They accomplish this by using some or all of the technologies described in Section 2 above (Technical Information Collected—Cookies and Related Technology).

  1. Advertising

We contract with third-party advertising companies that, in turn, collect non-personally identifying information by placing cookies on your browser when you visit us here. These companies may use information (not including your name, address, credit card information, e-mail address, or telephone number) about your visit to deliver our ads on this and other websites through their online advertising networks. These companies also provide this information to us, which we, in turn, use to gauge how effective our ads are.

 

HOW DOES THIS WEBSITE INTERACT WITH THIRD-PARTY WEBSITES AND CONTENT?

We may enable you to navigate to third-party sites and services or otherwise display third-party content. We do this for your convenience. We do not endorse or generally have any affiliation with these third parties. Whether their content appears within our web environment (like a map frame), or you leave our website for another site to view it, those service provider's terms, conditions, and privacy policies govern your online experience. Please see their terms of service and privacy policies if you have any question about their practices.

Here's a partial list of third-party sites or content that may appear on our website:

  1. Interactive Maps

We may facilitate easy access to the online maps of third-party content providers so you can quickly retrieve information regarding location, hours of operation, and contact information for our stores.

  1. Sweepstakes, Contests, and Survey Sites

We may rely on the expertise of third-party service providers to run sweepstakes, contests, and surveys. Navigation to these sites may be seamless so that it appears you are still in our website environment.

  1. Social Networking or Other User-Generated-Content Sites, and Other Websites

We may at times facilitate easy access to third-party sites, like social networking sites and other sites that host user-generated content. This may include easy click-through access or even "single-sign-on" to these sites. The third-party's privacy policy applies to any personal information you provide at these sites.

  1. Third-Party Rewards or Membership Programs

We may interact with certain unrelated companies that offer their customers memberships to participate in programs, which may include rewards for purchases from us. If you become a member of one of these programs or purchase something from us at this website through such a program, we may provide the company administering the membership program enough information about you or your purchase (like contact information, transaction date, transaction amount, and order number), to enable it to honor your membership.

 

WHAT INFORMATION DO WE SHARE WITH THIRD PARTIES?

  1. Third-Party Websites

The above third-party websites and advertisers, or Internet advertising companies working on their behalf, may send advertisements that appear on our site directly to your browser and may use cookies and other technologies to measure the effectiveness of their ads and to personalize the advertising content. We do not have access to or control over cookies or other technologies that they may use or the privacy policy of these advertisers and third-party websites. Please contact them directly for more information about their privacy practices.

  1. Contractors

We use third-party "back-office" contractors to help handle parts of our business because of their expertise, resources, or scale. They help us do things like fulfill orders, process payments, monitor website activity, maintain databases, administer and monitor emails, administer and send mobile messages, and provide consulting and customer services. Contractors may also assist us in hosting microsites and mobile websites where you may provide personal information about you and others you know; and where they may observe information about you in the same way as described elsewhere in this Privacy Policy. We do not authorize any of these service providers to make any other use or disclosure of your information.

  1. Public Safety, Law Enforcement and Fraud Prevention

We may disclose specific information about our website visitors to law enforcement entities, governmental agencies, courts or other entities, including credit reporting agencies if we have a good faith belief that it is necessary to protect our customers, the public, or our business. We may do so when (1) permitted or required by law, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions, or (3) investigating fraud that has already taken place. These entities may access and, if necessary, record your information to assist us with fraud prevention and detection. We will never authorize the release of your data to or by such entities for any other purpose.

  1. Your Consent

Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the news.

 

WHEN WE USE YOUR INFORMATION, WHAT CHOICES DO YOU HAVE?

Please note that when you make an online purchase from us, we will confirm your order status and shipment by email. We may also need to contact you via telephone, email or postal mail with questions or information regarding your order. You can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of features on the website such as creating your profile, wish lists, and customer reviews.

We use an opt-in standard for phone and text messages. Opt-in means we will only conduct the activity with your express consent.

We use an opt-out standard for all other communications. Opt-out means we will conduct the activity unless you tell us not to.

The above preferences do not apply to our credit card offerings since provided through our financial institution partners.

You can always log into your online account at any time to change your preferences, including whether to opt-in or opt-out of certain services, or by contacting customer service. If you modify your choices on whether to receive emails, mobile messages or other promotional materials from us, it may take up to a few weeks to process your request, during which time you will continue to receive communications from ALAIN FAGNIDI LLC. 

  1. Email

If at any time you'd like to stop future delivery of our email offers, follow the removal instructions located at the bottom of the email messages we send you to complete the removal. Future email offers will cease from us, but will not stop operational or transactional messages such as email confirmations of your online orders, or customer service communications.

  1. Mobile Messaging

We will not contact you via telephone or text message without your express consent by opting in. If you've signed up for mobile messaging (e.g., SMS and MMS) offers but later decide you no longer wish to receive them, follow the opt-out instructions included in the mobile message.

  1. Cookies, Clear Gifs, and Online Network Advertising

You may always choose to block cookies or clear cookies from your computer. Follow your browser's instructions on how to prevent and clear cookies. Note that blocking cookies may not block the "first-party" cookies that are placed on your computer when you visit this site. By first-party cookies, we mean those cookies (whether set by a contractor or us) that help us see how visitors use our site, and enable us to deliver our ads on our site (as opposed to ads on an online advertising network of third-party websites). Clearing cookies after each visit here will prevent aggregation from multiple sessions over time. Please consider the consequences of blocking or clearing cookies. Many sites, including this website, rely on cookies to provide you with services or features that you have requested or expect.

WHAT IS THE POLICY FOR VISITORS FROM OUTSIDE THE US?

ALAIN FAGNIDI LLC is a US e-commerce site. This Privacy Policy governs the information collected at this site irrespective of your location when you access it, browse it, interact with it, and make purchases through it (including purchases sent to addresses outside the US). Moreover, governmental bodies that have jurisdiction (e.g., courts and law enforcement agencies) may be entitled to access your personal information.

This Privacy Policy applies to customer relationships established in the United States. Parts of this Privacy Policy may not apply to visitors outside the United States. To our international audience who access our website: If you are a non-US visitor to our site, by visiting our website and providing us with data, you acknowledge and agree that we process your personal information for the purposes identified in this Privacy Policy. In addition, we will store such data on servers located in the United States and Canada, which may have less stringent privacy practices than those of your resident jurisdiction. By providing us with your data, you consent to transfer of such data from your geographic location to our servers located in the United States and Canada.

HOW MAY I UPDATE MY PERSONAL INFORMATION?

We prefer to keep your personal information accurate and up-to-date. You may update or modify your billing and shipping-related information by logging onto www.alainfagnidi.com.

 

HOW DO WE ADDRESS CHILDREN'S PRIVACY?

Children are not eligible to use our websites. We ask that minors (under the age of 18) only use our sites in conjunction with their parents or guardians. Children under the age of 18 years of age should not send any information about themselves to ALAIN FAGNIDI LLC. If a child under 18 submits information through any part of our website, and ALAIN FAGNIDI LLC becomes aware that the person providing the data is a child, we will attempt to delete this information as soon as possible.

If a parent or guardian is made aware that a child under the age of 18 has provided us with personally identifiable information without their consent, please contact us by e-mail at office@fagnidi.com, and we will remove the information about the individual immediately.

 

HOW DO I KNOW MY PERSONAL INFORMATION IS SECURE?

We do our best to provide you with a safe and convenient shopping experience. We have in place certain physical, electronic, contractual, and managerial safeguards to protect the security and privacy of your personal information.

We use Secure Sockets Layer (SSL) technology to protect your information as it transmits to us. To make sure you are accessing our secure server before you submit personal financial information, look at the toolbar or lower left-hand or right-hand corner of your browser. If you see an unbroken key or a closed lock (depending upon your browser), then SSL is active. To double-check for security, look at the URL or Location line of your browser. If you have accessed a secure server, the first characters of the address in that line should change from "HTTP" to "https."

If for any reason you cannot access the secure server, or if you're not entirely comfortable shopping online at our website, please contact our customer service for assistance.

To protect against unauthorized access to your password and your computer, be sure to close the browser and sign off the network when finished using a shared computer.

We maintain physical, electronic, and procedural safeguards that are designed to guard our customers' personal information. For example, for the security of your online visit to our websites, we may make use of firewalls, encryption techniques, and authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be secure. As a result, while we strive to protect your personal information,

ALAIN FAGNIDI LLC cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, we will notify you as necessary and to the extent possible so you can take appropriate protective steps. Unless you indicate otherwise, we may inform you under such circumstances using the email address you provided to us when you registered with our websites.

  1. Your Online Account

When setting up an online account at any of our websites, you will be prompted to select a password. The retrieval of personal information relating to you and your order history is only available to you if you provide the correct password that you have created, and all profile information, including your address book, is only available while you are logged in to your account. After providing your password, you can edit or delete your information at any time through the "my account" page.

If you forget your password and notify us, a new password will be assigned and emailed to your email address. We will not give passwords out over the phone, nor will we email them to a different address than the one used to register.

Your address book, located in the "my account" page of each website, is your personal storage space. We do not use the information in your address book to send email promotions or catalogs by mail.

  1. Retention of Personal Information

ALAIN FAGNIDI LLC retains your personal information for as long as necessary to fulfill the purpose(s) in the collection of said information and to comply with applicable laws. Your consent to such use remains valid after any termination of our relationship with you.

  1. Sale or Merger

If ALAIN FAGNIDI LLC should ever file for bankruptcy or merge with another company, or if ALAIN FAGNIDI LLC should decide to buy another business, or sell or reorganize part or all of ALAIN FAGNIDI LLC business, ALAIN FAGNIDI LLC may be required to disclose or transfer your personal information to prospective or actual purchasers and other parties. It is ALAIN FAGNIDI LLC's practice to obtain appropriate protections for information published in these types of transactions. ALAIN FAGNIDI LLC cannot, however, guarantee that ALAIN FAGNIDI LLC's Privacy Policy will remain unchanged if ALAIN FAGNIDI LLC is sold or merges with another company.

  

WHOM MAY YOU CONTACT WITH QUESTIONS OR CONCERNS AND WHO ADMINISTERS THIS POLICY?

If you have questions or concerns concerning our Privacy Policy, please feel free to contact us at office@fagnidi.com. Our Legal Services