The following General Terms and Conditions of Sale govern the sale of merchandise by BEL AIRE CLOTHIERS LTD. (the “Provider” or “we”) to you through the US section of www.MALIBUCLOTHESBH.com (“US Site”). The US Site is available only for purchases made and delivered within the United States. Your use of the US Site to purchase merchandise indicates your agreement to follow and to be bound by these General Terms and Conditions of Sale.
- ORDERS & PRODUCTS
All orders are subject to e-mail confirmation by Malibu Clothes. Please note that the products displayed on our may be out-of-stock and availability is not guaranteed. Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
All prices are in US Dollars. Prices may change without notice from time to time. The total amount due is inclusive of sales tax applied in accordance with applicable state and local regulations based on your shipping address. The applicable sales tax amount is indicated on the payment page of the cart.
The amount of sales tax charged on your order will depend upon various factors, including type of item purchased, sales price and destination of the shipment. Sales tax regulations may change between the time you place an order and the time of credit card charge authorization and this may affect the calculation of sales taxes. The amount appearing on your payment page of the cart may differ from the sales taxes ultimately charged as indicated in the invoice you will receive with the shipping confirmation e-mail.
All prices are inclusive of customs and import duties.
- SHIPPING COSTS
You are responsible for the shipping costs associated with the delivery of the products you purchase on the Malibu Clothes Site as specified on your order confirmation.
- SHIPMENTS AND DELIVERY
You bear all risks of loss and damage to the products from the time the same have cleared our fulfillment house. Delivery is deemed complete and title to the products passes to you upon acceptance of shipment by a common carrier.
- RETURNS AND REFUNDS
Please refer to our Return and Refund Policy, which forms an integral part of these General Terms and Conditions of Sale.
- BINDING AGREEMENT
Our order confirmation, these General Terms and Conditions of Sale and our other Site Policies shall be deemed the final and integrated agreement between you and us on the matters contained in these General Terms and Conditions of Sale.
- GOVERNING LAW AND CHOICE OF FORUM
The laws of the State of California (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely in the City of Los Angeles, State of California.
- DISCLAIMERS AND LIMITATIONS OF LIABILITY
THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN THE www.malibuclothesbh.com SITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. THE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
If any provision of these General Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.
- FORCE MAJEURE
Provider shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.
Your Personal Data will be processed to provide the services you subscribed to or reserved for registered users, to facilitate your navigation of and shopping from the website and to keep you informed of Malibu Clothes news and offers.
Malibu Clothes is the sole data controllers of the Personal Data processed for marketing purposes, notably to send to Users, also through newsletter, information and updates on its products, offers, exclusive sales, promotional campaigns and on events and similar initiatives organized by Malibu Clothes. (herein the “Marketing purposes”).
1. Our Policy
Everyone has the right to protection of his/her Personal Data. We respect Users’ right to be informed regarding the collection of and other operations involving their Personal Data. In using data that may directly or indirectly identify you personally, we will apply a principle of strict necessity. For this reason, we have designed the Site in such a way that the use of your Personal Data will be kept to a minimum and will not exceed the purposes for which your Personal Data was collected and/or processed.
2. Who collects and processes Your Personal Data, how and for which purposes?
For the Commercial purposes, we collect your Personal Data (such as personal details, e-mail address, address, Credit Card numbers, bank code, tax code and telephone number, etc.) on your order form only for the purpose of selling the products ordered by you. Your Personal Data is mostly processed by electronic means and, in some circumstances, by paper-based means, such as when the processing of your Personal Data is required for preventing fraud on the Site. Your Personal Data shall be stored in a way which allows us to identify you for the period necessary for the purposes which the data was collected for and subsequently processed and, in any case, in accordance with applicable laws. Your Personal Data shall not be disclosed to third parties other than us for purposes which are not permitted by law or without your consent.
3. What Happens if You Do Not Disclose Your Personal Data to us?
Granting your Personal Data to us (in particular, your personal details, your e-mail address, your address, your Credit/Debit Card numbers and bank code and your telephone number) is necessary for processing your order for the purchase of products on the Site, supplying other services provided on the web site upon your request, or when your Personal Data is needed to fulfill obligations required by law or regulations. The refusal to provide us with some of your Personal Data necessary for performing the above purposes may consequently prevent us from processing your order for the purchase of products sold on the Site or fulfilling obligations required by law and other regulations. Therefore, failing to provide Personal Data may constitute, in some cases, a legitimate and justified reason for not processing your order for the purchase of products sold on the Site or not providing the Site’s services.
Disclosure of further Personal Data to us other than that required for fulfilling legal or contractual obligations and to be properly browse our services with necessary traffic data is, on the contrary, optional and does not have any effect on the use of the Site and of its services or on the purchase of products on the Site. We will inform you at every step whether disclosing your Personal Data to us is compulsory or optional by marking with an appropriate symbol (*) the information that is compulsory or data needed for the purchase of products on the Site.
4. To Whom Your Personal Data Will Be Disclosed?
Personal Data will be disclosed to third party companies that provide, on behalf of Malibu Clothes, specific services as data Processors or to other recipients of Personal Data collected by us that autonomously process your Personal Data only for the Commercial purposes and, in any case, according to applicable laws and regulations.
Notwithstanding the foregoing, Personal Data will not be disclosed to any other third parties or disseminated or transferred without informing our Users of such disclosure/dissemination/transfer, and, in any case, in accordance with the applicable laws.