Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
COPYRIGHT
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of thehypnotique.com. The collective work includes works that are licensed to thehypnotique.com. Copyright 2003, thehypnotique.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with thehypnotique.com or purchasing thehypnotique.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with thehypnotique.com or to purchase thehypnotique.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by thehypnotique.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
TRADEMARKS
All trademarks, service marks and trade names of thehypnotique.com used in the site are trademarks or registered trademarks of thehypnotique.com. All other registered trademarks related to Designers, their names / logos, Suppliers or Manufacturers are owned by their respective trademark holders.
PRICING & CONTENT
Prices are listed on a variable basis. Prices update, based on the precious metals market which fluctuates on a daily basis. All rights are reserved by thehypnotique.com, to change or modify any of its pricing / contents of this site. No rain checks on items not in stock. Backorder items (if any) are shipped free.
EXCHANGES / REFUNDS
All thehypnotique.com items are brand new and are carefully inspected for defects / manufacturing flaws prior to being shipped insured to you. In the event a package is received mutilated / tampered or damaged, please do not accept or sign for it. Simply have the shipper return it to us instead. We currently do not accept Exchanges or Refunds.
RE-STOCKING FEES / RETURNS
If for any reason an item has to be re-stocked by thehypnotique.com, a minimum 20% Re-Stocking Fee will apply. All re-stockings are subject to an RMA (Return Merchandise Authorization) email from us. Items being sent back must include all original packaging, invoices, tags and be in unused condition. If item/s were originally shipped free as part of a multiple item order and the remainder of the order (if any) no longer qualifies for free shipping, the appropriate shipping & handling fees will be deducted from the refund credit. Please include a copy of the RMA email and ensure the package is shipped back to us Insured Full Value. We are not responsible for packages lost in transit or not received by us. Refund Credit will be issued in the original form of payment or with a store credit. Credited amounts generally take 3 - 5 business days to show up on your card account. Returns, Exchanges & Re-stocking fees (if any), do not apply to items that are custom ordered, tampered, altered, used, engraved or personalised, as these items are absolutely non-returnable / non-restockable & non-refundable.
WARRANTY DISCLAIMER
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, thehypnotique.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. thehypnotique.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. thehypnotique.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
SHIPPING
Thehypnotique.com currently ship all orders of USD 99.99 & over Free, by UPS Ground Insured. Tracking information is emailed to you as soon as the package is shipped. Shipping is free within Continental United States only and does not include Alaska, Hawaii & Puerto Rico. If you require expedited shipping, please pick the appropriate shipping option at check-out. In the event a package is received mutilated / tampered or damaged, please do not accept or sign for it. Simply have the shipper return it to us instead. Customers accepting packages that are mutilated / tampered or damaged, are responsible for the contents of the package. In this case, the customer will be responsible for filing all insurance claims with the shipping carrier. Thehypnotique.com is not responsible for any shipping delays caused by shipping carriers. Sorry we do not ship to PO, APO & FPO addresses.
INTERNATIONAL SHIPPING & CUSTOMS
All costs relating to customs fees, import/export duties are to be paid for by the customer. It is the customer's responsibility to check their respective country's rules & regulations with regards to permits and import fees for jewelry or all other items listed on this site. All relevant customs declaration forms will be attached to the package and the customer is responsible to have goods cleared (if required) at the destination. Thehypnotique.com or its shipping carriers are not responsible for any shipping / clearing delays. Sorry we do not ship to PO, APO & FPO addresses.
DESIGNER COLOGNES & PARFUMS
All Colognes and Parfums sold by thehypnotique.com, are 100% Genuine designers and products are sealed in its original packaging. Some colognes might be bulk packaged and although boxed, might not be in individually sealed. Aftershave Lotions are generally unboxed. Certain designers might change their boxing/packaging depending on a season or an edition, therefore somtimes pictured items might not be the same. All items are Fresh stock and brand new. All colognes are subject to availability. Packages once opened, are Not Exchangable / Not Returnable.
PAYMENTSWe currently accept Visa, Mastercard, Discover, American Express and Paypal. Paypal payments are to me made payable to - paypal@thehypnotique.com. All personal information is processed confidentially through Secured Gateway Servers.
PRODUCT DIMENSIONS & IMAGES
All attempts were made to accurately portray the appropriate color representations of all products on this site. However, what you see might vary from one person to another and the actual item. This is due to each individual's monitor settings. Considering this, we cannot guarantee that the color you see will be accurate. Based on ones monitor resolution settings, products may appear larger or smaller than their actual size. All images have been enlarged to show intricate detail. Dimensions of products listed might have slight varriance and are subject to changes & modifications.
CONFLICT FREE DIAMONDS
Thehypnotique.com, hereby guarantees that all diamonds / diamond products are and will be purchased from legitimate sources who are not involved in funding conflict and are in compliance with the United Nations Resolutions. All diamonds sold through this site are conflict free, based on personal knowledge and/or written guarantees provided by the supplier of it’s diamonds. Products fabricated / repaired from diamonds mined prior to January 1st, 2003 are not covered by the Kimberly Process Certification Scheme neither by the Induct Warranty Program. Such products should continue to be subject to the “best efforts” assurances that have been in general use since August 2000, concerning the avoidance of conflict diamonds, i.e. that you will not knowingly sell conflict diamonds and that, to the best of your ability, you will undertake reasonable measures to help prevent the sale of conflict diamonds in the United States of America.
LIMITATION OF LIABILITY
thehypnotique.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if thehypnotique.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
TYPOGRAPHICAL ERRORS
In the event that a thehypnotique.com product is mistakenly listed at an incorrect price, thehypnotique.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. thehypnotique.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, thehypnotique.com shall issue a credit to your credit card account in the amount of the incorrect price.
TERM : TERMINATION
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by thehypnotique.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
NOTICE
thehypnotique.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to thehypnotique.com.
MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of thehypnotique.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of thehypnotique.com products) must be commenced within one (1) year after the claim or cause of action arises. thehypnotique.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. thehypnotique.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a thehypnotique.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
PARTICIPATION DISCLAIMER
thehypnotique.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, thehypnotique.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, thehypnotique.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to thehypnotique.com in its sole discretion.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless thehypnotique.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, thehypnotique.com may link to sites operated by third parties. However, even if the third party is affiliated with thehypnotique.com, thehypnotique.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of thehypnotique.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, thehypnotique.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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