OCTAVIOPIZARRO.COM’s ("OCTAVIOPIZARRO" "we" "us") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Sites. Please read the «TERMS AND CONDITIONS» carefully before placing any orders on www.octaviopizarro.com. We recommend you should keep a copy of the «TERMS AND CONDITIONS» for future reference.
OCTAVIOPIZARRO is the trading name of OPLM S.A.R.L., a ltd company registered in France under the registration number 795 349 877 located 1, avenue du Général Laperrine, 75012 Paris, France. Our VAT number is FR90 795349877.
In particular, we wish to draw your attention to our policies relating to the terms of purchase within the «TERMS AND CONDITIONS» and our Privacy Policy.
If you are under 16 you must let your parent or guardian know about OCTAVIOPIZARRO's Privacy Policy before you register to use this site or any of this site's services. However, we reserve the right to only accept orders from those over 18.
We may modify the «TERMS AND CONDITIONS» from time to time. Please read the «TERMS AND CONDITIONS» and check them out often. If you do not agree to any change to the «TERMS AND CONDITIONS» then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
REGISTRATION
To use some of the services or features made available to you on this Site you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address clientservices@octaviopizarro.com.
We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify OCTAVIOPIZARRO immediately of any breach of security or unauthorized use of your account.
Please refer to our Privacy Policy for information about how we use your data.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the OCTAVIOPIZARRO terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to OCTAVIOPIZARRO
Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, OCTAVIOPIZARRO reserves the right to restrict multiple quantities of an item being shipped to any one customer or one postal address.
By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where OCTAVIOPIZARRO feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Please refer to our Privacy Policy for further information about how we use your data.
ORDERS
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
OCTAVIOPIZARRO offers products for sale that are in stock and available for dispatch.
You may be given the possibility to make an Advance Purchase items out off stock for which you will be making an Advance Payment for securing your order. This will ensure that you receive this item in priority once it has been delivered to OCTAVIOPIZARRO. Your rights regarding Advance Purchase are the same as those for any other purchase at OCTAVIOPIZARRO ;
Please be aware that we may be unable to deliver selected Pre-ordered merchandise due to production problems or quality check issues identified when received into stock and that OCTAVIOPIZARRO may not be held responsible for that. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable. (PayPal)
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
OCTAVIOPIZARRO will store a record of your transactions for a minimum of one year.
PRICING POLICY
Prices shown on the Site are in Euros and are inclusive of VAT for a delivery in Europe. They are exlusive of VAT for a delivery to other countries. In this case Import duty or tax costs will be invoiced to you directly from the shipper or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
All prices and offers remain valid as advertised from time to time. The Euros price of a product displayed on the Site at the time of the order is accepted and will be honored, except in cases of patent error.
Product prices are subject to change if the items are subject to markdowns at any time during the selling period.
If you are a customer whose credit/debit card is not denominated in Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
SALE PRICE ADJUSTMENT POLICY
OCTAVIOPIZARRO is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your OCTAVIOPIZARRO account in the form of a store credit which will be valid for 12 months.
We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and OCTAVIOPIZARRO will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Paris, France and the language of the contract is French. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of OCTAVIOPIZARRO.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the «TERMS AND CONDITIONS».
We may also refuse to process and therefore accept a transaction for any reason or refuse services to anyone at any time at our sole discretion.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
PAYMENT
At checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to OCTAVIOPIZARRO. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to OCTAVIOPIZARRO, we will not be liable for any delay or non-delivery.
In the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
PROMOTION CODES
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
INSURANCE AND DELIVERY
OCTAVIOPIZARRO insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by OCTAVIOPIZARRO, and transfer of responsibility in the same way.
Please note that the estimated delivery times are to be used as a guide only and commence from the date of dispatch. OCTAVIOPIZARRO are not responsible for any delays caused by destination customs clearance processes.
RETURNS AND EXCHANGES
CANCELLING YOUR ORDER UNDER THE CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013
If you are based in the EU under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs), you have the right to cancel your order with us provided you give us written notice.
Right to Cancel under the ICACRs
You have the right to cancel your order within 14 days without giving any reason.
The cancellation period will expire 14 days from the day after the day on which you acquire (, or a third party other than a carrier and indicated by you acquires) physical possession of the last of the goods.
To exercise the right to cancel, you must inform us by letter to: OCTAVIO PIZARRO 1, avenue du Général Laperrine, 75012 Paris, France, or by email to: clientservices@octaviopizarro.com. You may also use the cancellation form, but it is not obligatory.
For orders cancelled under the ICACRs, we will issue a full refund including shipping cost (standart shipping cost only) paid by you. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make reimbursement within 14 days after the day we receive back from you any of the goods supplied.
We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the re-imbursement.
In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back ;
You shall return cancelled orders to: OCTAVIOPIZARRO, 1, avenue du Général Laperrine, 75012 Paris, France, without undue delay and in any event not later than 14 days from day on which you communicate your cancellation of the contract to us.
You will have to bear the cost of returning the goods.
RETURNS AND EXCHANGES
Return to exchange for the same item in a different size, based on stock availability. If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately.
If you wish to exchange, you have to return the item within 14 days from the day after the day on which you acquire (, or a third party other than a carrier and indicated by you acquires) physical possession of the last of the goods.
Shipping is complementary on the replacement item, but not import duty and tax charges.
Our policy
Items should be returned unused and with all OCTAVIOPIZARRO garment tags still attached. Returns that are damaged or soiled will not be accepted and will be sent back to the customer and/or a refund refused.
Where provided, belts and any packaging such as authenticity cards, dust bags, and leather tags should be included with your return.
Please email clientservices@octaviopizarro.com if any of your purchases have been delivered without OCTAVIOPIZARRO tags.
FAULTY GOODS
Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.
If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.
COLORS
We have made every effort to display as accurately as possible the colors of our products that appear on OCTAVIOPIZARRO. However, as computer monitors vary, we cannot guarantee that your monitor's display of any color will be completely accurate.
Repeated returns
We may refuse to accept orders at our discretion if goods are returned repeatedly.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including OCTAVIOPIZARRO Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by OCTAVIOPIZARRO. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
CONTENT
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. OCTAVIOPIZARRO tries to ensure that the information on this site is accurate and complete. OCTAVIOPIZARRO does not promise that OCTAVIOPIZARRO's Content is accurate or error-free. OCTAVIOPIZARRO does not promise that the functional aspects of the Site or OCTAVIOPIZARRO's Content will be error free or that this Site, OCTAVIOPIZARRO Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
YOUR ACTIVITY
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the «TERMS AND CONDITIONS», we may deny you access to this Site on a temporary or permanent basis.
THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than OCTAVIOPIZARRO, including advertisers. OCTAVIOPIZARRO has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
YOUR RIGHTS
Nothing in the «TERMS AND CONDITIONS» is intended to affect your rights. For more information about your rights contact :
DIRECTION GENERALE DE LA CONCURRENCE, DE LA CONSOMMATION ET DE LA REPRESSION DES FRAUDES (DGCCRF) :
- By phone from Fance : 3939 (cost 0,15 euros per minute from a fix ligne) from Monday to Friday : 8H30 to 19H
- From abroad : +33 1 73 60 39 39 (cost 0,15 euros per minute from a fix ligne + additionnal connection cost from an other country)
- E-mail : contact form at : http://www.economie.gouv.fr/courrier/4169)
COMPENSATION
At our request, you agree to compensate us fully, defend us, and hold us OCTAVIOPIZARRO harmless immediately on demand, its officers, directors, agents, affiliates, suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the «TERMS AND CONDITIONS» by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
OUR RELATIONSHIP
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and OCTAVIOPIZARRO as a result of the «TERMS AND CONDITIONS» or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of OCTAVIOPIZARRO, and we shall not be liable for any representation, act, or omission on your part.
NO WAIVER
If you breach the «TERMS AND CONDITIONS» and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the «TERMS AND CONDITIONS».
COMPLAINTS AND GOVERNING LAW
If you have a complaint about us email clientservices@octaviopizarro.com giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The «TERMS AND CONDITIONS» together with all our policies and procedures will be governed by and construed in accordance to the French law and the relevant courts of France will have exclusive jurisdiction.