Terms & Conditions
www.GANNI.com (in the following also named the "Website") is provided by GANNI Inc. with the registered address:
9 East Loockerman Street, Suite 211
Dover, DE 19901 Delaware
EIN no.: 30-1004627
If you experience any problems with the website or your order placed on the website, please contact our Customer Service.
Any references to “GANNI”, “we”, “us” or “our” means GANNI Inc., and any references to “you” or “your” means you in your capacity as a user of the Website.
Please read these terms and conditions for the purchase of GANNI items on the Website (in the following referred to as the “Terms & Conditions”) before placing an order on the Website, as these will apply when you make a purchase from the Website.
By proceeding to place an order on the Website and accepting these Terms & Conditions, you agree to be bound by these Terms & Conditions. This applies whether you have read them or not. In case you do not understand parts of these Terms & Conditions, we recommend you contact our Customer Services before placing an order on the Website. You are not able to purchase any GANNI item(s) on the Website without accepting these Terms & Conditions. Please print a copy of these Terms & Conditions for your records.
Please note that these Terms & Conditions may be updated from time to time (e.g. to reflect changes in technology, our business models, our system capacity, or changes to relevant legislation and regulations). As a consequence, we ask you to accept our Terms & Conditions each time you place an order on the Website. You will not receive a notification of any such changes. The Terms & Conditions applicable to your purchase will be the Terms & Conditions accepted by you when you placed an order on the Website.
All advertisements on the Website is to be considered invitations to purchase GANNI items, and not offers to sell. Once a purchase has been concluded on the Website, such purchase is subject to approval and acceptance by GANNI. You will receive an order confirmation to the e-mail address provided by you once an order is accepted by GANNI. Once such order confirmation is received, a binding contract between you and GANNI is concluded (“Contract”). By placing an order on the Website and completing the check-out process, you represent and warrant that you are legally capable of signing binding contracts. GANNI may, in its sole discretion, accept a request by a customer for amendments or additions to the Contract.
Contracts can only be concluded on the website. We do not process orders made in emails, letters, or faxes. The purchase of GANNI items on the Website is subject to availability.
The Website is open twenty-four (24) hours a day but may be closed due to maintenance services. To the extent possible, we try to perform such maintenance services during the night.
An order placed on a public holiday or during the weekend will be processed on the following business day.
You must be at least 18 years old to purchase goods on the website and possess a valid credit card that is accepted by us (see Payment Options below).
We can only process your order if the delivery address is a residential address or a business address in one of the states in the United States on the "We deliver to" list. We do not deliver to PO boxes.
If you do not understand parts of the Terms and Conditions, we recommend that you contact Customer Service before you make a purchase on the website.
AT WHAT POINT IN THE ORDERING PROCESS ARE YOU BOUND BY YOUR ORDER?
Before submitting the order, you have the option of changing the information provided, including delivery and billing information and/or payment information. Furthermore, you have the option of making changes to your order and removing items from your shopping basket. When you click “Complete payment” and the receipt appears on your screen, you are bound by the contract of purchase. Please read more under "Right of withdrawal". Please contact our Customer Service if you made a mistake while placing your order - they are ready to help you. You will receive an email confirming your order. After the conclusion of the Contract, the provisions on withdrawal apply. Please see the “Right of Withdrawal” section below.
If you no longer wish to have an account with us, please contact our Customer Service in writing, at any time (see contact information above).
Please note that you are responsible for the security of your GANNI account and password. GANNI will not be liable for any damages and expenses arising out of or relating to the unauthorized use of your password.
When you click “Complete payment” and the receipt appears on your screen, you are bound by your order. You will shortly receive an email confirming your order, whereas a binding contract between you and GANNI is formed.
LANGUAGE OF THE CONTRACT
The language of the Contract is English.
ACCESS TO THE CONTRACT
Once you have completed your order, you will receive an order confirmation of the content of the Contract and a copy of these Terms & Conditions via email. We store concluded contracts, including the order confirmation, and we recommend that you save these documents as well; they may not necessarily be available on the Website subsequently. Please read more under "Order tracking and view history".
MEASURES AGAINST FRAUD
In order to protect you and our other customers against fraud and maintain a high level of security for online purchases, we may carry out verification checks. The verification check may comprise the data that you send when ordering, including your address and payment information.
In case of circumstances which materially alter the economic aspects or the substance of the Contract or seriously interfere with the operation of GANNI or any of GANNI's suppliers, and also in case it should be subsequently proved impossible for GANNI to perform its obligations under the Contract, GANNI shall have the right to cancel the Contract in whole or in part.
You are not entitled to damages as a result of any such whole or partial cancellation, or for any other reason. Your sole remedy shall be the return of any payment made by you for GANNI items not delivered due to such cancellation.
We reserve the right to cancel the Contract in one of the following situations, without being liable for compensation or other costs:
- Your payment details are incorrect or cannot be verified;
- Your order is placed with the purpose of committing fraud etc. or placed in connection with a criminal offense or other unlawful activities;
- There is an inadvertent error on the Website, such as a payment error or the like; and/or
- We have reason to believe that you are not legally capable of entering legal contracts
Your payment will be charged to the means of payment you have selected when your GANNI item(s) leave our warehouse for delivery. All payments shall be made upon completion of the purchase by you, and prior to acceptance and confirmation by GANNI. If your chosen payment method is rejected, your order will not be shipped and GANNI will have no obligation to fulfill your order.
We accept the following means of payment:
- American Express
- Apple Pay
- Klarna Pay in 4
- Master Card
- Union Pay
If you have a GANNI gift card, you can also use this as payment. For more information, please see the section below called “Gift Cards”.
CVV (CREDIT CARD VERIFICATION NUMBER)
If you pay by credit card, you will be asked to enter the card's security code. You can find the three-digit security code on the back of your credit card, usually on the right side of the credit card's back. The security code is necessary for the payment to be processed and for maintaining a high level of security. There may also be other similar safeguards.
GANNI is PCI-certified (Payment Card Industry). This comprehensive program enhances the data security of payment solutions. PCI authorization is obtained after a certified it-auditor has controlled and approved the internal as well as the external security based on a comprehensive checklist. The checklist includes more than 200 points and touches upon all aspects of it-security based on the following main areas:
- General network security
- Protection of contact information
- System security and access control
- Continuous monitoring and test of network
- Continuous monitoring and test of network
All prices on the Website will be shown in the currency of your country. Your chosen delivery address determines the currency for your purchase, and it is not possible to choose a specific currency. This means that if you e.g. have chosen a delivery address in the United States, you are only able to pay in United States Dollars (USD). Please note that if you change the country of delivery, this may affect the price and delivery costs.
Please use the function “select country” at the bottom of the Website in case you wish to change your choice of country. Note that other Terms & Conditions may apply if you change your country.
All applicable sales taxes and any other applicable taxes will be applied to your purchase prior to payment. GANNI is not liable, to the extent permitted by law, for any subsequently incurred taxes, including but not limited to Duties or Use Taxes.
We deliver to all US states except for American Samoa, Guam, the Virgin Islands, and Puerto Rico.
Goods will be delivered to the delivery address specified in the order. We only deliver to residential and business addresses, hence, not to PO boxes. Your goods will be delivered Monday to Friday. The time of delivery depends on the country in which the delivery takes place and the carrier used. The specific delivery method, time, and delivery costs will be specified in your order, and unless otherwise specified and agreed to by GANNI, the delivery costs will be pre-paid by you.
All GANNI items purchased by you will be deemed delivered upon GANNI’s transfer of the GANNI items (as specified in the Contract) to the carrier, whereas GANNI is not responsible for any loss of the GANNI items. You are responsible for filing any claims with carriers for damages and/or lost shipments.
At any time prior to the delivery, GANNI shall be entitled to postpone the delivery date by up to fourteen (14) calendar days for any reason, and such postponement shall not be considered a breach of the Contract or otherwise entitle you to any remedies. GANNI shall notify you of any such postponements within a reasonable time.
In the event of force majeure (as defined below under “Force Majeure, Casualty and Availability of Raw Materials”), deliveries may be postponed until the force majeure event cease to affect the business operations of GANNI, and ordinary trading and shipment of orders can resume.
When you make a purchase on the Website, you will have the option of choosing between a number of delivery methods.
RESPONSIBILITY FOR ANY LOSS OR DAMAGE
- ‘FedEx Ground Direct Signature Required’ and ‘UPS Ground Signature Required’: If you chose one of these delivery methods, your signature will be required in order for the carrier to deliver the goods at the designated address, at which point responsibility for your purchased goods passes to you.
- All other delivery methods: If you choose one of the other delivery methods, your signature will not be required on delivery by the carrier. The goods will be deemed delivered upon GANNI’s transfer of the goods to the carrier, whereas GANNI is not responsible for any loss of the goods during or after delivery at the designated address. You hereby accept that by choosing this delivery method, you will be responsible for filing any claims with carriers for damages and/or lost shipments yourself.
Please note that if you do not want to take on the responsibility for any loss of the goods during delivery by the carrier or after delivery to the designated address without a signature, you need to actively change the delivery method to FedEx Ground Direct Signature Required’ or ‘UPS Ground Signature Required’ if the such delivery method is not set as default.
If your order consists of multiple GANNI items, we reserve the right to make separate deliveries. Separate deliveries may be necessary, e.g. if some items are delayed or out of stock at the time of ordering. You will be informed if your order is subject to separate deliveries, and you will not be charged additional delivery costs for separate deliveries.
Your GANNI items may be returned in accordance with GANNI’s Return Policy. Please read more here.
GANNI MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, OF THE GANNI ITEMS SOLD HEREUNDER OR OF THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF SUCH GOODS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, GANNI SHALL HAVE NO LIABILITY FOR DEFECTS IN MATERIAL OR WORKMANSHIP.
GANNI shall not be liable for normal manufacturing or finishing defects or for customary variations from quantities or specifications. The physical or chemical characteristics or qualities are not guaranteed unless and except to the extent specifically provided herein. All GANNI items are sold subject to the imperfections of natural and other if any, fibers.
GANNI shall not be liable for any delay in the delivery of any part of the GANNI items hereunder, and shall not be held responsible for any losses resulting if the fulfillment of any obligations, terms, or provisions of these Terms & Conditions or the Contract shall be delayed or prevented by revolutions or other disorders, wars, acts of enemies, strikes, fires, floods, acts of God, Government regulations, delay or inability to obtain labor, materials or goods through GANNI's usual and regular sources, insufficient orders, casualty, accident, economic downturns, or any other condition beyond the reasonable control of GANNI. In such event, GANNI may, at its discretion, without prior notice to you as a customer and contractual party, at any time and from time to time postpone the delivery dates under the Contract for a time which is reasonable under all the circumstances or make partial delivery or cancel all or any portion of this and any Contracts with you, and any such non-performance or cancellation shall not be considered a breach of the Contract or otherwise entitle you to any remedies.
THE LIMIT OF LIABILITY OF GANNI FOR A BREACH OF ANY OF THE TERMS, CONDITIONS, OR PROVISIONS OF THESE TERMS & CONDITIONS AND/OR THE CONTRACT SHALL NOT EXCEED THE DIFFERENCE IN VALUE ON THE CONTRACT DATE OF DELIVERY BETWEEN THE GANNI ITEMS OR PERFORMANCE SPECIFIED AND THE GANNI ITEMS OR PERFORMANCE ACTUALLY DELIVERED, BUT IN NO EVENT SHALL SUCH VALUE EXCEED THE RETURN OF THE PURCHASE PRICE OF THE APPLICABLE GANNI ITEMS. IN NO INSTANCE SHALL YOU AS A CUSTOMER BE ENTITLED TO CLAIM CONSEQUENTIAL DAMAGES OR PROSPECTIVE PROFITS OR SPECIAL OR INDIRECT DAMAGES OR LOST REVENUE, PROFIT, OR GOODWILL, NOR SHALL GANNI BE LIABLE IN ANY INSTANCE FOR LOST PROFITS OR SPECIAL OR INDIRECT DAMAGES OR PROFITS ON CONTEMPLATED USE BY REASON OF BREACH OF CONTRACT OR WARRANTY BY GANNI, DEFECTIVE GOODS, DEFECTIVE OR LATE DELIVERY, OR NON-DELIVERY. IN NO EVENT SHALL GANNI BE LIABLE FOR ANY DAMAGES BY REASON OF YOUR, AS A CUSTOMER, INABILITY TO OBTAIN SUBSTITUTE GOODS IN THE OPEN MARKET.
GANNI shall not be limited in its rights and remedies against you, as a customer and contractual party, for any cause whatsoever, but shall have such other rights and remedies as may be available to it under the applicable law or in equity.
All contents included on the Website, such as but not limited to, design, text, graphics, logos, video and audio clips, images, button icons and the compilation thereof, software compilations, source coding, and software, are the property of GANNI Inc. and its affiliates, or our suppliers. The contents are protected by the Copyright Law of the United States and international copyright laws, and GANNI and/or our content suppliers own the copyright to the abovementioned.
The contents of the Website may only be copied for your own private use. Any other use of the information and material on the Website, such as reproduction, modification, distribution, transmission, republication, display, or performance is strictly prohibited. You may therefore not - besides your own private use - copy, display, download, distribute, alter, modify, reproduce, republish, or rephrase information, text, documents, or other material from the Website without the explicit consent of GANNI Inc. or our suppliers.
Brand names, logos, and titles that appear on the Website are trademarks or trade names and are the property of GANNI Inc. and its affiliates, or our suppliers. Any reproduction of such trademarks or trade names constitutes an infringement of the owner’s rights and is strictly prohibited unless it is for your own private use.
No right to use any trademark, trade name, trade dress, copyright, images, nor any other intellectual property of GANNI Inc. and its affiliates passes to you under the Contract, and you agree to refrain from using, either directly or indirectly, any of the intellectual property rights of GANNI Inc. and its affiliates, unless otherwise specifically authorized in writing by GANNI. Any marketing and/or advertising by you featuring GANNI items must be approved by GANNI in prior writing. The entering of a contract between you and GANNI, and thus an acceptance of an order and shipment of GANNI items by GANNI to you, or the provision of visuals, promotional materials, signage, and logos, does not create any intellectual property rights accruing to you as a customer and party of the Contract.
By completing your order and entering a Contract with GANNI, you agree that: (i) the Contract and your relationship with GANNI otherwise shall be governed by the internal laws of the State of New York, excluding its conflicts of laws rules; (ii) any and all disputes you may have with, or claims you may have against GANNI or its affiliates relating to, arising out of or connected in any way with (a) the Website, (b) these Terms & Conditions, (c) the completion, acceptance and finally delivery related to the Contract, or (d) the determination of the scope or applicability of the agreement to arbitrate in this section (a “Claim”), will be resolved exclusively by final and binding arbitration. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The place of arbitration shall be New York City, NY, USA unless otherwise agreed in writing between you and GANNI. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The arbitration shall be kept confidential and the existence of the proceeding and any element of it shall not be disclosed beyond the arbitration proceedings, except as may be required by applicable law.
In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
Neither you nor GANNI may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or GANNI’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
THIS ARTICLE LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOUR, AS A CUSTOMER AND CONTRACTUAL PARTY, OR GANNI WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
If any provision of this section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this section will continue in full force and effect. This section of these Terms & Conditions will survive the termination of the Contract and your relationship with GANNI otherwise.
These Terms & Conditions along with your order confirmation as well as the GANNI Return Policy shall constitute the entire contract between you and GANNI with respect to any purchase made by you on the Website and supersede all previous contracts, understandings, agreements, and representations in relation hereto.
No waiver by GANNI of any default by you, as a customer and contractual party of the Contract, shall be deemed a waiver of any subsequent default. Any replacement (as hereinabove provided) or adjustment of delivery shall cure any defects with respect to that delivery and any default so cured shall be deemed not to have occurred. No modification of the Terms & Conditions or the Contract shall become effective unless in writing signed by an authorized representative of GANNI.
No rights of you, as a customer and contractual party of the Contract, under or arising out of the Contract may be assigned without the express written consent of GANNI.