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.
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.
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion. Orders may be placed for personal use only, any commercial use excluded.
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, 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 be charged in accordance with local state legislation.
All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions listed below. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Payment can be made by Visa, MasterCard, American Express, PayPal 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.
You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
High demand can occasionally cause certain items to be sold out or run out of stock. On the occasion that an item you ordered happens to be out of stock and that your order cannot be fulfilled you will be notified by email. If the out of stock item is out of stock is not expected to come back in stock, Jacadi will cancel the item from your order. In this case, you will not be charged for the item or any taxes, shipping or handling charges.
We take all reasonable care to make our Site as secure as possible. All credit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secured host environment. These details will be fully encrypted and only used to process card transactions which you have initiated.
Jacadi ships to all continental states and the District of Columbia but does not ship to Alaska, Hawaii or any United States overseas territory or overseas military base. All packages are insured by Jacadi when shipped out of our warehouse. Our carrier partner might require a signature on delivery of any merchandise, including gifts, at which point responsibility for your purchased goods passes to the recipient.
Jacadi commits to ship all items as rapidly 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 only controls deliveries made by members of its network. As such, the risk of loss of or damage to the goods is transferred to the consumer as soon as the goods are delivered to the address chosen by them when placing the order. In the event that the consumer appoints a third-party logistics company to take charge of the goods at the delivery point specified in the order and to transport them to another location, Jacadi shall be released from any risk of loss or damage to the goods covered by this third party delivery. In addition, Jacadi declines all responsibility for the non-conformity of the goods with the regulations and standards applicable in the countries to which the said deliveries are made, which are not on the official list of countries to which Jacadi goods are distributed.
You can check the current status of your shipment by signing into your account and reviewing previous orders. A shipping tracking number will also be provided to you by email once your order has been shipped.
(a) GENERAL RETURN PROVISIONS If you are not satisfied with the items ordered, you may return your items to Jacadi within 30 days of your order shipment date for a refund of the item(s) price and taxes, yet excluding the shipping costs. All returned items are subject to a quality assurance inspection process before they are accepted for refund. We cannot accept returned products that have been worn, washed, used, altered or damaged. We reserve the right to refuse return of any item that does not meet the above return requirements as determined in our sole discretion. Shoes must be returned in their original, undamaged shoe box as this is considered part of the product. No refunds will be issued for items marked as final sale merchandise. Items discounted at 50% or more of the original price and all items marked as “final sales” are considered final sale and cannot be returned or exchanged.
(b) RETURN OR EXCHANGE IN A JACADI BOUTIQUE You can return any eligible item(s) bought on jacadi.us for an exchange or refund directly in one of our Jacadi shops in the U.S. within 30 days of your order shipment date. To request a store return, bring your order packing slip, a print-out of your electronic receipt (available in “My Order” in your account) or a copy of your email confirmation to one of our participating US Jacadi locations (excluding: All Bloomingdale’s, Arcadia CA, Costa Mesa CA, Scottsdale AZ locations). The shop team will either offer you an exchange for equal or greater value or refund you the price of the returned item(s) the prices stated on your purchase (discount taken into account) and taxes associated with this item but excluding any shipping charges. If you wish to exchange your item(s) for a more expensive product, you will be able to pay the difference in the payment method of your choice. If you wish to be refunded, your refund will be credited back to the same method of payment used to make the original purchase on the website once the returned products are received and passed our quality insurance inspection. You will receive an email indicating the return has been processed. It will take up to 5 day working days for the refunded funds to show on your statement. Once processed the return will be showing in your Jacadi account under “My Orders & Returns.”
(c) RETURN BY MAIL You can return any eligible item(s) bought on jacadi.us for refund directly within 30 days of your order shipment date by mailing your item(s) to the following address: Jacadi Paris-Web Return, 1242 Madison Avenue, New York, NY 10128. While shipping back your item(s), you must include your order packing slip, a print-out of your electronic receipt (available in “My Order” in your account) or a copy of your email confirmation. You must also include the Jacadi return slip to be downloaded here and indicate the item(s) you are returning and the reason for return. Jacadi provides complimentary prepaid shipping labels for orders placed on Jacadi.us. The prepaid label can be requested online here. If you choose not to use the prepaid label provided by Jacadi, we recommend you ship your return via insured UPS or USPS parcel. Upon reception at our return facility, all returned items will be subject to a quality assurance inspection process before they are accepted. Once accepted, your refund will be credited back to the same method of payment used to make the original purchase on the website once the returned products are received and passed our quality insurance inspection. You will receive an email indicating the return has been processed. It will take up to 5 working days for the refunded funds to show on your statement. Once processed the return will be shown in your Jacadi account under “My Orders & Returns.”
Return facility address: Jacadi Paris-Web Return, 1242 Madison Avenue, New York, NY 10128.
(d) GIFT ORDERS Gifts with a packing slip can only be exchanged in one of our participating Jacadi shops in the U.S. (excluding: All Bloomingdale’s, Gilt, RueLaLa, Maisonette, Arcadia CA, Costa Mesa CA, Scottsdale AZ and all stores outside the U.S.) within 30 days and up to 60 days for Jacadi Club Members of your order shipment date. Items discounted at 50% off or more of the original price are final sale and cannot be exchanged or refunded.
(e) RETURNING SHOES 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. Customers shall be liable for all shipping costs associated with the return and rejection of all damaged shoes.
(f) SOILED OR USED MERCHANDISE Upon reception at our return facility, all returned items will be subject to a quality assurance inspection process before they are accepted. We cannot accept returned products that have been worn, used, altered or damaged. A return may not be accepted if it is soiled or shows evidence of wear and tear, and may be sent back to the customer without a refund. We reserve the right to refuse return of any item that does not meet the above return requirements as determined in our sole discretion. Customers shall be liable for all shipping costs associated with the return and rejection of such soiled or used merchandise.
(g) ISSUES WITH RECEIVED ORDER In the event that you received a different item from what you initially ordered (different size or color) or the order received is otherwise defective, you may return the merchandise following the general return provisions listed above in section 9-a within 30 days for a full refund including all shipping costs. Note that this does not apply if Jacadi correctly delivered to you the size ordered, but this size did not fit as expected. In this case, you may return this for a refund of the purchase price excluding original shipping costs or exchange your item(s) in one of the participating Jacadi boutiques as detailed above in section 9-a. In case of a defective item, if the defect is shown to be a manufacturer's defect, you have up to 90 days to return the item.
(a) THE PARTIES Between Madcadi, Inc. hereinafter referred to as "Jacadi", and any person wishing to join the Jacadi loyalty program, The Jacadi Club, hereinafter referred to as the "Beneficiary".
(b) ACCEPTANCE OF THE GENERAL CONDITIONS OF USE The Beneficiary acknowledges having read and accepted the general conditions of membership and use of the Jacadi loyalty program. These terms and conditions are available on the website www.jacadi.us. Jacadi reserves the right to modify at any time the general terms and conditions of use of its loyalty program and/or promotional offers linked to the loyalty program, or to terminate it. Should any rewards, rights or compensatory item not have been redeemed prior to an event of termination or applicable modification, a member shall not have a right to any compensation whatsoever. Points accruing under the loyalty program have no cash value and may not be transferred.
(c) TERMS AND CONDITIONS OF MEMBERSHIP The annual membership fee for the loyalty program is eight (8) US Dollars. This price is subject to change. Membership cannot be paid by Club vouchers or gift cards and is non-refundable. Membership in The Jacadi Club is available at all Jacadi stores in the United States (excluding Santa Anita and Costa Mesa franchise stores) and on www.jacadi.us .
Membership in The Jacadi Club is valid for one (1) year commencing as of the date of your enrolment in the loyalty program and ending one (1) year thereafter. Only one Club Membership may include all members of a household residing at the same address. Each reward program can only be applied within the country purchased.
(d) PRINCIPLES TO BE RESPECTED Membership of The Jacadi Club can only be validated if the information communicated at the time of membership is complete, complies with the format requested and is usable. JACADI reserves the right to request from the Beneficiary, when joining The Jacadi Club or when using the benefits resulting therefrom, any document proving their identity and/or that of the registered children. Any fraud or abuse in the accumulation of loyalty points by the Beneficiary may result in the immediate loss of points, the cancellation of benefits issued, as well as the cancellation of the Beneficiary's membership in The Jacadi Club, without refund of membership fees. JACADI also reserves the right to claim from the Beneficiary who has been guilty of fraud in the loyalty program, the return of any sum that has been wrongfully received by the Beneficiary, subject to any legal proceedings that may result, including criminal proceedings.
(e) LOYALTY BENEFITS AND ACCUMULATION OF POINTS Whether in store or on the website, purchases made allow you to accumulate points, at the rate of 1 point = 1 USD purchase. A purchase is equivalent to a checkout or payment validation of an order on www.jacadi.us under the following conditions: - a purchase is taken into account regardless of the method of payment used (cash, credit card, Club voucher, Paypal) - A purchase made with a gift card will not accrue points, but a purchase of a gift card will accrue points. - When a purchase is made on our website, Club points will be credited to the customer's account at the time the order is shipped. When the 300 points threshold is reached, a Club voucher worth fifteen (15) USD is sent to the Beneficiary, within 48 hours, and can be used within three (3) months from its date of issue, time being of the essence. Failure to use the points within the three (3) month period shall cause the points to be cancelled. Any excess points earned will be accumulated with subsequent purchases. The points balance can be consulted on request directly in the store, on the website in the My Account / My Club Rewards area or by consulting the sales receipt for the last purchase made.
(f) BIRTH OF A CHILD For each birth of a child attached to the household (child residing at the same address as the Beneficiary) within the limit of ten (10) children per Beneficiary, and of which the Beneficiary is the legal guardian, membership of The Jacadi Club entitles the Beneficiary to a birth gift voucher in the amount of fifteen (15) USD. A Member parent or guardian must register the birth of the child within six (6) months of the child’s birth.
(g) BIRTHDAY OF A CHILD For each child attached to the household (child residing at the same address as the Beneficiary) and of whom the Beneficiary is the parent or guardian or whose Beneficiary acknowledges having had the Beneficiary's authorisation, membership of The Jacadi Club entitles the Beneficiary to a birthday gift voucher of fifteen (15) USD from the child's first to twelfth birthday inclusive.
(h) USE OF CLUB VOUCHERS Club vouchers, birth gift vouchers and birthday gift vouchers will be sent to the Beneficiary according to their choice, by email or sms. They may be used by the Beneficiary in all JACADI stores in the United States (excluding Santa Anita and Costa Mesa and other franchised stores) and on www.jacadi.us, to pay for your purchases and/or to renew your membership to The Jacadi Club (excluding shipping costs). Club vouchers, birth gift vouchers and birthday gift vouchers are valid for 3 months from the date of issue and can be combined with all current promotional offers. They can be used in full or in part, within the limit of 3 allocations per checkout or validation of the basket on the web, and are neither exchangeable or refundable. In the event of an order being returned to our warehouses, vouchers used and vouchers as being refundable will be reissued in full or in part in the form of points.
(i) ADVANTAGES REGARDING EXCHANGES OR REFUNDS OF PURCHASES Following their purchases in stores or on www.jacadi.us, members of The Jacadi Club benefit from a two-month withdrawal period, instead of the usual one-month period. In the event of a return and a request for reimbursement of a previously recorded purchase, the amount of the purchase actually reimbursed will be deducted from the total amount of purchases accumulated to the date of reimbursement. The amount of the Club voucher may not be refunded or credited to the Customer. In case of an exchange: If you request, in store, the exchange of an item purchased and previously counted, this "checkout" will be taken into account under the following conditions: - in the case of an exchange for a cheaper item, the amount refunded to the customer will be deducted from the total amount of points accumulated by the Customer on the date of the exchange. Please note: if the exchange concerns an item that had been paid with a Club voucher, the amount refunded will be limited to the amount not paid with the Club voucher. - if it is an exchange for a more expensive item, you will pay the difference. This amount will increase the total amount of points accumulated on the exchange date. If the exchange is not requested by the original buyer, the size exchange and exchange for a cheaper item will not be counted (neither for the original buyer nor for you requesting the exchange). On the other hand, if the item taken in exchange is more expensive than the item exchanged, the purchase made for an amount equivalent to the price differential between the 2 items will be counted for the Customer requesting the exchange.
(j) RIGHT OF WITHDRAWAL FROM MEMBERSHIP OF THE JACADI CLUB The Beneficiary of The Jacadi Club has a right of withdrawal for a legal period of 14 days from the date of joining the program, only when this is done on the www.jacadi.us website. Membership in store will not be refunded. The Beneficiary may exercise their right of withdrawal by any unambiguous statement expressing their desire to withdraw. The exercise of the right of withdrawal by the Beneficiary will put an end to The Jacadi Club: they will no longer be able to benefit from the Club benefits issued and they will be cancelled. In the event that the Beneficiary has not benefited from any Club benefits, the amount of the membership will be fully reimbursed. However, in the event that the Beneficiary has benefited from one or more Club benefits, the total amount of these benefits will be deducted from the price of the membership to be reimbursed. Thus, in the event that the total amount of these benefits is greater than the membership price, the Beneficiary is required to repay the excess amount due.
(k) RENEWAL Membership in The Jacadi Club is valid for a period of one (1) year. Within 45 days prior to its expiry and within 3 months following its expiry, the membership must be renewed by the Beneficiary in order for them to continue to benefit from the benefits of The Jacadi Club. The annual membership fee is $8.00, which is subject to change. At the time of renewal, the balance of points already accumulated by the Beneficiary is retained for a limited period of 3 years from the expiry date of the membership in The Jacadi Club. After this period, the balance of points accumulated by the Beneficiary will be deleted.
(l) PERSONAL DATA The Beneficiary's personal data is collected and processed by Jacadi SAS, an affiliate of Jacadi, on the one hand to enable the member to benefit from the benefits of The Jacadi Club, as well as to send them the advantages and communications linked to The Jacadi Club and, on the other hand, to send them, if they are accepted, offers, news or advertising, whether personalised or not. It may also be processed to identify possible loyalty fraud. Jacadi, concerned about the protection of personal data, undertakes to ensure the best level of protection for the user's personal data in accordance with US personal data law. Your personal data is kept for the duration of your membership in The Jacadi Club, and for a period of 3 years from the expiry of your membership. At any time, you have the right to access, rectify, delete and oppose data concerning you. To exercise these rights, simply write indicating your surname, first name, address and customer number to: Jacadi Customer Service, 1- 800-715-9521 or by contacting us by email: firstname.lastname@example.org. In order to fully benefit from your advantages (Club voucher, birth voucher, birthday voucher), the Beneficiary undertakes to inform Jacadi SAS of any change in their personal information, by contacting the shop of their choice directly, or simply by logging on to their Customer account.
Jacadi has made every effort to display as accurately as possible 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.
Jacadi 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.
This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
YOU AND JACADI ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR JACADI WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this 16 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Jacadi.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. (b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to email@example.com ; or (ii) by personal delivery, overnight courier, or registered or certified mail to JACADI PARIS 911 Broadway, New York, NY 10010. We may update the email number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.