Conditions of Sale
The following conditions of sale ("Conditions of Sale") is an agreement between you, the customer ("Customer"), and Madcadi Inc., a Delaware corporation and a subsidiary of IDGroup, a French company, ("Madcadi") governing the purchase, or attempted purchase, sale or receipt of any merchandise (collectively, "purchase" or "purchasing") through jacadi.us, including any subdomains, any embedded code or objects, and any web services (collectively, "Site"). Hereinafter, Jacadi shall mean Madcadi, IDGroup, and all parents, subsidiaries, intermediaries and affiliates thereof and all the officers, directors, shareholders, employees and agents thereof.
We may modify these Conditions of Sale at any time, without notice. By your purchase, attempted purchase, sale or receipt of any merchandise from Jacadi, you indicate your consent to these Conditions of Sale and hereby agree to be bound by these Conditions of Sale.
Madcadi Inc., a Delaware corporation and a subsidiary of IDGroup, a French company, ("Madcadi") governing the purchase, or attempted purchase, sale or receipt of any merchandise (collectively, "purchase" or "purchasing") through jacadi.us and corporate stores, including any subdomains, any embedded code or objects, and any web services (collectively, "Site").
Hereafter known as “JACADI”
Any physical person of legal age wishing to enroll in the JACADI loyalty rewards program and fulfilling the general terms of enrollment as defined hereafter,
Hereafter known as the ”Client”.
ENROLLMENT TERMS AND CONDITIONS:
Enrollment in the Jacadi loyalty rewards program is offered free of charge for all purchases of Jacadi products for following countries: United States, or online at www.jacadi.us. Except for the following franchise locations, CA - Costa Mesa, Los Angeles, Pasadena, FL - Miami, assorted Bloomingdale’s corners in the USA and GILT.com.
To confirm their enrollment for the Jacadi loyalty rewards program, the Client must provide certain personal information, specifically their name and a means of contact (email address, mailing address, or mobile phone):
Only one subscription per household (same name and mailing address)
Once enrollment has been confirmed by Jacadi, the Client will be assigned a Loyalty Rewards number which will appear on the sales receipt when the purchase is completed. The rewards number can also be located in the client’s online account. The Client may request their Loyalty Rewards number in a Jacadi store at any time.
Clients already present in the Jacadi database before the launch of the new Jacadi Loyalty Rewards benefits were automatically assigned a Loyalty Rewards number.
DIGITIZING THE LOYALTY REWARDS CARD
Any Client holding a physical Jacadi Loyalty Rewards card(s) is invited, starting on November 1st , 2015 to turn in their card(s) at any participating U.S. Jacadi Boutiques and immediately benefit from a loyalty discount of 5% of the sum of their accumulated purchases even if they have not reached the minimum requirement of four (4) purchases.
Starting November 1st, 2015, physical Loyalty Reward cards will not be issued, and no purchases will be recorded on the physical cards. Instead, purchases will be recorded digitally.
THE NEW JACADI LOYALTY REWARDS BENEFITS
1/ GENERAL RULES
Starting November 1st , 2015, all purchases made by the Client in the U.S. participating Jacadi Boutiques or the U.S. website shall be recorded digitally. Any Client enrolled shall enjoy the Jacadi Loyalty Rewards benefits automatically.
However, purchases made outside of the U.S. and/or when the Loyalty Rewards number is not present shall not be counted.
2/ SPECIFIC RULES RELATED TO THE SUM OF IN-STORE PURCHASE
All purchases made in participating stores are counted, with the exception of:
- On the purchase of Jacadi gift cards
- The franchise locations, CA - Costa Mesa, Los Angeles, Pasadena, FL - Miami, assorted Bloomingdale’s corners in the USA and GILT.com
One purchase is equal to one sales receipt, or one completed order on www.jacadi.us , under the following conditions:
- one purchase is counted, regardless of the method of payment used (cash, debit card, gift card, Jacadi Gift card, Loyalty Voucher, Paypal)
- The value of the purchase included in the calculation of the loyalty rewards benefit corresponds to the net amount of the sales receipt or order total, that is, after all discounts and loyalty vouchers have been deducted.
To claim a loyalty voucher based on accumulated purchases, the Client must have made their four (4) purchases within a period of eighteen (18) months. In the event that this threshold has not been reached within this period of time, the total count will be reset to zero and the Client forfeits the transactions.
Returns and refunds
In accordance with the sales policies for the Jacadi U.S. participating stores and www.jacadi.us , in the event of a return and request for refund of a purchase previously counted, the amount of the purchase which is refunded to the Client shall be deducted from their total purchases accumulated as of the date of the refund. The number of purchases accumulated to date shall remain unchanged.
If the purchase was paid with a loyalty reward and the Client returns some or all of the purchase the Client will only be refunded for the actual amount paid. The loyalty reward may not be reimbursed and the Client will forfeit the reward amount.
If the Client makes an in-store request to exchange an item they have purchased and which was previously counted, this transaction will be counted under the following circumstances:
- If the exchange is a size change, the “transaction” will not be counted.
- If an exchange is made for a less expensive item, the amount reimbursed to the Client shall be deducted from the total sum of purchases made by the Client as of the date of the exchange. The number of purchases accumulated to date shall remain unchanged. Note: if the exchange concerns an item which was paid using a loyalty voucher, the amount reimbursed shall be limited to the amount which was not paid with the loyalty voucher.
- If the exchange is for a more expensive item, the Client shall settle the difference. This amount shall be added to the total sum of purchases made by the Client as of the date of the exchange. The number of purchases accumulated to date shall remain unchanged.
If the exchange is not requested by the original purchaser (ex. Gift), neither a size exchange nor an exchange for a cheaper item shall be counted (neither for the original purchaser nor for the Client requesting the exchange). On the other hand, if the article taken in exchange is more expensive than the exchanged article, a purchase for an amount equal to the difference in price between the two items shall be counted for the Client requesting the exchange.
3/ RULES RELATED TO THE USE OF LOYALTY VOUCHERS
At the end of a total of four (4) purchases made within the period of eighteen months (18), the Client shall receive, by email, a loyalty voucher for a value of 5% of the total amount of the four completed purchases
This loyalty voucher may be used under following conditions:
- Within six (6) months from the date of issue.
- Can be redeemed in a participating U.S.A store. (The reward cannot be redeemed on the U.S.A website.)
- One time use only. (Must be used in full or the left over reward amount is forfeited.)
- Reward amount is not refundable.
- Reward amount can only be used towards a purchase of full-price merchandise and can’t be combined with any other promotion or offer.
- Can be used in combination with a gift card or a Jacadi Gift Certificate.
It should be noted that items purchased with a loyalty voucher will be exchanged and/or refunded for the amount actually paid.
Review of the exchange and refund policies
Conditions for an exchange or refund:
- The product must not have been worn or washed, and must be returned in its original packaging with its tag attached.
- In accordance with the U.S.A Jacadi return/exchange policies, the exchange or refund shall only be processed upon presentation of the sales receipt, gift receipt or online invoice. - Within 30 days of purchase.
- The return/exchange policy does not include the following locations: Franchise locations, CA - Costa Mesa, Los Angeles, Pasadena, FL - Miami, assorted Bloomingdale’s corners in the USA and GILT.com.
Manner of refund:
The client will receive a refund in the original method of payment for the amount paid after deducting the reward amount. Reward amount cannot be reused and shall be forfeited by the Client.
5/ COMMUNICATIONS AND TRACKING OF REWARDS BY THE CLIENT
The Client may inquire as to the status of their cumulative purchases to date:
- The Client can request the status of their Loyalty Rewards by contacting a participating U.S.A Jacadi store. The Client will need to give their name, email address, phone number and mailing address, or their Loyalty Rewards number.
Jacadi loyalty rewards are sent to the Client by email only. If the Client does not wish to provide their email while enrolling in the Jacadi Loyalty rewards program, or if their email address is incorrect, the Client cannot be notified of the availability of their loyalty rewards. Nevertheless, the Client may be informed of whether they have a loyalty reward available by requesting the information at a participating U.S.A Jacadi store.
ONLINE DATA AND PRIVACY
The personal information collected as part of the Client profile and Jacadi Loyalty Rewards are processed by Jacadi for customer relationship management purposes.
In accordance with the law on digital information and privacy rights of 6 January 1978, updated by the law of 6 August 2004, the Client has the right to access, correct and oppose the data which concerns them. The Client may exercise this right by letter sent to the following address: Customer Service, 911 Broadway – New York – NY 10010, USA, or to the following email address: firstname.lastname@example.org.
JACADI reserves the right to terminate this program at any time.
Published online on Nov, 1st 2015
Eligibility to Purchase
Purchases are available only to individuals who
(i) can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of New York and of the United States,
( (ii) have been issued a valid credit card by a bank acceptable to Jacadi and who have authorized Jacadi to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase,
( (iii) have a valid address to which merchandise can be delivered. In order to make purchases through the Site, you will be required to register and provide personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
All merchandise is sold on a first come, first served basis and is subject to availability. While Jacadi cannot guarantee the availability of any product or products available in stock, Jacadi makes a good faith effort to only offer merchandise for sale that is in stock and available for dispatch from our distribution center. Final stock availability is assessed at time of shipping, not at time of purchase.
Jacadi reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
Items in your shopping cart are not reserved and may be purchased by other customers.
Prices shown on the site are in US Dollars and are exclusive of taxes. If you are shipping within the United States, sales tax will only be charged on orders shipping to destinations within the states of Arizona, California, Connecticut, Florida, Georgia, Massachusetts, New Jersey, New York, New York, Texas, Virginia.
All prices and offers remain valid as advertised from time to time. The US Dollar price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.
TYPES OF INFORMATION COLLECTED
• Information that you provide by filling out forms on the Site. This includes information you provide when you register to use the Site; subscribe to any services offered on the Site including but not limited to interactive services (such as blogs, chat rooms, message boards, or other user forums); enter a competition or promotion sponsored by Jacadi; complete a survey; or report a problem with the Site;
• Any information you may provide when you contact us or send us a correspondence;
• Details of any transactions you carry out through the Site including the placement of any orders by you; and
• Details of your visits to the Site including, but not limited to, your computer's IP address, password information, page interaction information, traffic data, location data, weblogs, and other data about the resources that you access.
HOW WE COLLECT PERSONAL INFORMATION FROM YOU
Jacadi collects Personal Information in several ways when you place an order or register for a service offered by Jacadi. If an order is placed with us, we need to hold Personal Information including your name, email address, phone numbers, home address, shipping and credit card billing address(es) so that we can process and fulfill your order. Saved card details will never be shared with third parties and will only be used to process your order, using our payment partner's systems. Additionally we may also obtain information as a result of authentication or identity checks. Sometimes we may ask for your telephone number. This number may be given to our courier for delivery services. These details allow us to process your order and to let you know the status of your order.
We may use information from cookies for the following purposes:
• Traffic monitoring, for example, the IP address from which you access the Site, the type of browser and operating system used to access the site, the date and time of your access to the site, the pages you visit, and the Internet address of the website from which you accessed our Site;
• To recognize repeat visitors for statistical/analytical purposes; or
• Anonymous tracking of interaction with online advertising, for example, to monitor the number of times that a banner ad is displayed and the number of times it is clicked. • We may connect the information that we collect through cookies wit
h other Personal Information that you provide to us. Such purposes are:
• To customize or personalize your experience of the Site; for example, so that we can greet you on the site by name;
• For transactional purposes, such as credit card sales; or
• To monitor your use of the Site in order to make our communications with you as relevant as possible; for example, by sending you email communications relevant to the parts of the Site that you visit most often or by letting you know about features of the Site that you have not accessed previously. We may compile and report to third parties (such as advertisers) aggregate statistics about our users in terms of numbers, traffic patterns and related site information.
HOW PERSONAL INFORMATION MAY BE USED, INCLUDING ANYONE IT MIGHT BE SHARED WITH
Jacadi may use your Personal Information for the processing of orders, payments and to provide you with a personalized shopping experience. We will also use your details to fulfill and deliver your orders and manage your account. Your Personal Information may also be checked with credit agencies to prevent fraud and may be shared with other companies in the IDGroup group of companies ("IDGroup"). Where there is a legal obligation to do so, we may disclose your information to any relevant regulatory body.
However, if you choose to receive our emails from time-to-time we will use the information you provide to promote the products and services of our business partners or other companies within the IDGroup. We do collate statistical information about Site traffic, sales and other commercial information which we may pass on to trusted third parties but these statistics do not include any information which can identify you personally. Finally, we may use your Personal Information for our internal marketing and demographic studies, together with non-personal data to monitor customer patterns so we can consistently improve our site design to better meet our visitors' needs.
In addition to disclosures identified in the purposes above, from time to time we may disclose Personal Information to
• our service providers and subcontractors, including our affiliates, retained to perform functions on our behalf or to provide services to us, such as warehousing and delivery; marketing and advertising; data processing; software development; website hosting and management; information technology and office services; legal, accounting, audit and other professional service providers; and further provided such service provider does not collect, use or disclose the Personal Information for any purpose other than to perform such functions or to provide services to us or as otherwise required by law;
• Unaffiliated service providers with whom Jacadi may subcontract, including website hosting companies, fulfillment companies and other third party service providers;
• The prospective seller or buyer of Jacadi's business or assets, including where Jacadi or substantially all of Jacadi's assets is acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
OPT-IN AND OPT-OUT PROVISIONS
At all times, we will offer you the opportunity to unsubscribe out of any service to which you have subscribed. In particular, you can opt-out from having your personally identifiable information shared with our business partners or IDGroup (except as required by law, court order, or as requested by other government or law enforcement authority or as may be required to deliver your purchases). It is not our current policy to share our customers' personal details with third parties other than as stated herein.
Should you choose to have your name and personal data removed from our database altogether, you can do so by sending an Email email@example.com .
HOW YOU CAN ACCESS AND, IF NECESSARY, CHANGE THE PERSONAL INFORMATION JACADI MAINTAINS
If for any reason you are concerned that the Personal Information held by Jacadi is not correct, please modify your Personal Information by logging in to your account and updating your Personal Information.
SAFEGUARDING YOUR PERSONALLY IDENTIFIABLE INFORMATION
Where we have given you (or where you have chosen) a user identification code, password or any other piece of information as a part of a registration scheme or a security procedure to enable you to access certain parts of the Site, you are responsible for keeping this password confidential. Jacadi is not liable to you for any use of the Site or purchase of any merchandise as a result of any use by anyone other than you of your password or account information.
We will only collect personally identifiable information to the extent deemed reasonably necessary to serve you in view of our legitimate business purposes as set out above, and we will use our best endeavors to maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided us with. When you place an order or access your account information, we use a Secure Socket Layer (SSL) encryption which encrypts your information before it is sent to us to protect it from unauthorized use. In addition, we will take reasonable steps to ensure that third party business partners' to whom we transfer any data will provide sufficient protection of that Personal Information. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal Information, we cannot guarantee the security of the data you transmit to the Site; any transmission is at your own risk. Once we have received your information, we will use reasonable efforts to try to prevent unauthorized access.
In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your email address, we may notify you by email.
WHERE AND HOW TO ASK QUESTIONS OR FILE COMPLAINTS
If you require more information please go to the Contact Us section of the Site and send an email to the relevant Jacadi department. If you wish to talk to a Jacadi service team representative please call 1-877-882-3038.
Payment can be made by Visa, MasterCard, American Express and any other methods which may be clearly advertised on the site from time to time ("Payment Card"). We will not charge your Payment Card until the product is in stock. Payment will be debited and cleared from your account upon dispatch of your order by Jacadi. All Payment Card holders are subject to validation checks and authorization by the card issuer.
A foreign transaction fee may be charged by your card issuer. .
Occasionally, high demand causes us to run out of certain items. If we don't have an item that you have ordered in stock, we will notify you by email. .
Sometimes, an item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit card, we will not charge you for the item or any taxes, shipping or handling charges. .
We take all reasonable care to make our Site as secure as we can make it. All credit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. These details will be fully encrypted and only used to process card transactions which you have initiated. .
You confirm that the Payment 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.
Insurance and Delivery
Jacadi insures each purchase during the time it is in transit until it is delivered to you. We require a signature for the delivery of any merchandise, including gifts, at which point responsibility for your purchased goods passes to the recipient.
Jacadi ships all items as expeditiously as possible. In the event that items do not leave Jacadi's warehouse within 30 days of the date Jacadi accepts your order, Jacadi shall provide to you by email the option of cancelling your order without penalty.
Jacadi ships to all continental states and the District of Columbia. Jacadi does not ship to Alaska, Hawaii or any United States overseas territory or overseas military base.
Tracking Your Order
You can check the current status of your shipment by signing into your account and reviewing previous orders.
Any product returned within 30 days in brand new condition, in its original packaging with all tags attached ("New Condition") will be accepted for a refund at the purchase price, minus shipping costs.
To receive a refund, please contact Jacadi at firstname.lastname@example.org@jacadi.us or 1-877-882-3038 and request a Return Merchandise Authorization ("RMA") number. Please provide your order number when you contact us. You will be given an RMA number and a return address. Please ship to us at the return address the merchandise for which you received an RMA number and clearly indicate the RMA number on the outside of the package. Returns received without a valid and clearly indicated RMA number will be returned to you at your expense. Upon receipt of your return merchandise, if your return merchandise is in New Condition, Jacadi will issue you a full refund, minus shipping costs.
Gift returns are subject to the same rules as regular returns, with a refund of the purchase price amount being applied to the purchasing Payment Card.
Jacadi does not refund promotional items and final sales items. Items bought on sale will be refunded at the sale purchase price. Jacadi reserves the right to refuse to accept as returns seasonal items.
If you receive delivery of an item that is not the item, size or color you ordered, or other the order is otherwise defective, you may return the merchandise, in New Condition, within 30 days for a full refund including all shipping costs. If the defect is a manufacturer's defect, you have 90 days to return the item. If Jacadi delivered to you the size you ordered, but this size turns out to be incorrect, you may return this for a refund of the purchase price, minus shipping costs. Follow the instructions to receive a refund above and indicate that there is a problem with your order when you contact Jacadi.
All shoes should be tried on a carpeted surface before wear. Shoes should be returned in their original, undamaged shoe box as this is considered part of the product. Shoes that are returned without boxes or in damaged boxes may not be accepted and may be sent back to the customer without a refund. Customer shall be liable for all shipping costs associated with the return and rejection of all damaged shoes.
Soiled or Used Merchandise
A return may not be accepted if it is soiled or evidences wear and tear, and may be sent back to the customer without a refund. Customer shall be liable for all shipping costs associated with the return and rejection of such soiled or used merchandise.
We have made every effort to display as accurately products that appear on the Site. Nonetheless, due to lighting conditions, differences in monitor types and display settings, merchandise colors, materials and patterns may appear slightly different than they actually are. Jacadi is not responsible for such visual differences.
Limitations on Liability
We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
In the absence of gross negligence or negligence on our part we are not 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.