Appointment terms New York

1 INTRODUCTION

1.1 Thank you for visiting our website at www.pronovias.com (the “Site”). The Site is owned and brought to you by San Patrick S.L.U. (“San Patrick”).

1.2 These appointment booking terms (the “Terms”), together with our privacy policy (“Privacy Policy”), sets out the terms that apply when you book a bridal appointment (“Appointment”) at our New York store, located at 45 East 58th Street, New York, New York 10022 (the “Store”). During your Appointment we will provide you with consultation services relating to the purchase of a wedding dress from us (“Services”). When you book an Appointment with us at the Store, you are booking an Appointment with Pronovias USA Inc. (“Pronovias USA”). In these Terms, when we refer to “you” and “your” we mean you, the person using our Appointment booking service and when we refer to “us”, “we”, or “our” we mean us San Patrick and, where applicable, Pronovias USA.

1.3 Only adults aged 18 or over are allowed to book an Appointment with us.

1.4 Please read these Terms carefully before you book an Appointment at the Store.

2 ABOUT US

2.1 We are:

• (a) San Patrick S.L.U., a company incorporated under Spanish law, established at Polígono Industrial Mas Mateu, s/n., 08820 El Prat de Llobregat (Barcelona) and holder of tax number (CIF) B-63523609; and
• (b) Pronovias USA Inc., a New York corporation, with a place of business at 45 East 58th Street, New York, New York, 10022.

2.2 If you have any queries about these Terms, our Appointment booking service, our Services, or would like to contact us for any reason, including in relation to any Appointment bookings, cancellations or complaints, please do so using the following details:

3 MAKING A BOOKING

3.1 As part of the services that we offer, you can use the Site to book an Appointment at our Store.

3.2 Contracts for the provision of Services will be formed between you and us, “us” being Pronovias USA Inc., in this case, once we accept your Appointment booking in accordance with the process set out below:
(a) If you’re booking your Appointment through our Site:
(i) Once you’ve browsed the Appointments available on our Site, select the date and time of the Appointment you would like to book and click “Confirm your Appointment”.
(ii) Once you have reviewed your Appointment booking details, you will be invited to select ‘Proceed to Payment’ (if payment is required for your chosen Appointment, as set out below) or similar and enter your payment details. Once you have entered your payment details please click ‘Confirm Your Appointment’ to confirm your request to book an Appointment at our Store (we refer to this as your formal “Order”).
(b) If you’re booking your Appointment over the phone number +1 212 897 6393at the times mentioned above:
(i) Our customer service representative will advise you what appointments are available on your selected date(s);
(ii) Once you have chosen your Appointment time, our customer service representative will ask for your payment details (as applicable), which will constitute your Order when booking your Appointment over the phone;
(c) By placing an Order, you authorise us to immediately charge your payment card for the full Appointment Fee (as defined below) when it applies (as set out in clause 4 below) and we are entitled to rely on your placing an Order as an instruction to us to take your payment.
(d) Once you’ve placed an Order, we will check to ensure everything is correct. Once we are able to accept and confirm your Order and, if applicable, process your payment, we will send you an ‘Appointment Confirmation Email’. Please note that your Order won’t be approved and a legally binding contract for the Appointment won’t be formed between us until we have sent you the Appointment Confirmation Email. An accepted Order to which these Terms apply is a “Contract”.
(e) If we were unable to accept your Order, perhaps because your payment failed (as applicable), we will let you know by email and won’t charge you (or if we have already charged you, we will refund you). We reserve the right to reject Orders in our sole discretion.

4 APPOINTMENT FEE

4.1 Unless we say otherwise on the Site or by email, the “Appointment Fee” is $50 for Appointments taking place Monday to Sundays.

4.2 All Appointment Fees for the Store are priced in United States dollars inclusive of any sales taxes, unless expressly stated otherwise.

4.3 We do our best to make sure that our Appointment Fee information is current and complete. It’s possible that, despite our best efforts we may get Appointment Fees wrong from time to time; if we do, we will contact you for your instructions before we accept your Order and process your payment.

4.4 We may update our Appointment Fees from time to time but these changes won’t affect any existing Contracts and will be made clear to you when you make an Order.

4.5 If you purchase a wedding dress from us, then your Appointment Fee will be deducted from the total price of the wedding dress you purchase. If you book more than one Appointment with us and purchase a wedding dress from us, all the Appointment Fees you have been charged will be deducted from the total price of the wedding dress you purchase.

5 CHANGING YOUR MIND ABOUT YOUR APPOINTMENT

5.1 If you would like to cancel your Appointment or move it to a different time, you can do it directly in the Pronovias website in your “My account” area. You can access to it introducing your email and password. If you do not have a password, please follow the “Forgot my password” process int the “Sign in or Sign up” area in order to get one.
You can also cancel or move your Appointment by emailing booking.us@pronovias.com or phoning us on +1 8573265918, at least 48 hours before your Appointment is due to take place, specifying:
(a) Your name;
(b) The name of the Store; and
(c) The date and time of your Appointment.
(d) The Appointment ID number included in the Appointment Confirmation Email.
If you cancel or move your Appointment in accordance with this section 5, we will as the case may be, refund you the full Appointment Fee by the method you used to pay the Appointment Fee. Please be informed that, if you move your Appointment the previous Appointment shall be cancelled and a new one shall be booked. We will process your refund as soon as possible; this will be no later than 14 days’ from the date we receive notice from you that you wish to cancel the Appointment; in any event this reimbursement will be at no cost to you.
Please note, if you cancel or move your Appointment less than 48 hours before it is due to take place, we will be entitled to retain the whole of your Appointment Fee.

6 PROBLEMS WITH OUR SERVICES

6.1 We are under a duty to supply you with Services that conform with our Contract. Your right to cancel set out in section 5 above does not affect your general rights as a consumer in relation to any failure on our part to provide the Services with reasonable care and skill.

6.2 If you have any questions or complaints about the Services that you’ve received, please contact us as soon as possible using the details set out at section 2 above with details of the Contract and a description of the problem.

7 DATA PROTECTION AND PRIVACY

7.1 Any personal information that we collect from you or about you when you book an Appointment and receive Services, will be collected and used in accordance with our Privacy Policy. To find out more about the data we collect from you and how we use it please read our Privacy Policy.

8 OUR LIABILITY

8.1 We are not responsible to you for any unforeseeable losses and damages to you caused by us as a result of failing to comply with these Terms.

8.2 In these Terms we do not exclude or limit our liability to you where it would be unlawful to do so. This includes, death or personal injury arising from our negligence; fraud or fraudulent misrepresentation, for breach of your legal rights in relation to the Services you purchase including the right to receive Services that are carried out with reasonable care and skill.

8.3 Please note that we only provide our Site and supply Services for your domestic and private use. You agree not to use our Site or purchase Services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, loss or loss of business opportunity.

9 ALTERNATIVE DISPUTE RESOLUTION

9.1 Any dispute arising under these Terms or otherwise related to our Site or Services shall be submitted to confidential arbitration in New York City, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any state or federal court for New York City, and you agree to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgement in any court of competent jurisdiction. Each party shall be responsible for its own costs associated with the arbitration and shall share the costs of the arbitrator equally. The arbitrator will not be permitted to assess damages contrary to these Terms, including punitive damages or attorneys’ fees.

10 GENERAL

10.1 No one else has any rights under the Contract against either us or you. The Contract is between you and no third parties shall have any rights under or in connection with this Contract.

10.2 You can’t assign or transfer your rights or obligations under the Contract with us to anyone else without our permission.

10.3 We may assign, transfer or subcontract our rights under our Contract with you to another organisation without your consent but we will ensure that the transfer will not affect your rights under the Contract.

10.4 If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.

10.5 If a court or regulator finds any part of these Terms illegal, invalid or otherwise unenforceable, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.

10.6 These Terms and our Privacy Policy set out the full extent of our obligations and liabilities concerning our Appointment booking service and the Services and replace any previous agreements and understandings between us and you.

10.7 You agree that you will not have any remedy in respect of any untrue statement (whether made innocently or negligently) made to you upon which you relied in agreeing to these Terms other than any remedy you may have for breach of the express terms of these Terms. However, we will be responsible for any fraudulent statement we make to you.

10.8 These Terms and any non-contractual obligations arising out of them shall be governed by and construed in accordance with the laws of the State of New York. To the extent that the law in which you are resident permits, and subject to the alternative dispute resolution provisions set forth above, you agree to submit to the non-exclusive jurisdiction of the state and federal courts for New York City.

11 CHANGES TO THESE TERMS

11.1 We may make changes to these Terms from time to time. If we do this we will update the page where these Terms are available or, will notify you via email of any changes that are significantly material to you. Your continued use of our Appointment booking service and our Services will be subject to the new terms either from the date we notify you or on the date that we update them on our Site in the case of immaterial changes. However, any existing Contracts will be subject to the applicable versions of these Terms in force at the time of acceptance of the Order by us. We recommend that you check this page each time you book an Appointment.