These terms and conditions (hereafter referred to as the “Terms”) apply to the use of repeat.ganni.com (hereafter referred to as the “Platform”) and the Services delivered on the platform as defined below in clause 4 (The Services on the Platform). By accessing and using the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
The Platform is operated, developed and maintained by Continued IVS, Slotsgade 2, 3th, DK-2200 Copenhagen N with company registration number DK38958895 (“Continued”) in accordance with the terms and data processing agreement between Continued and GANNI. Continued take full responsibility for all functionalities on the Platform. You however will enter a Contract (as defined below) with GANNI when using the Services provided on the Platform.
Please read these Terms carefully before you start using the Services. If you do not accept the Terms, you will not be able to use the Services on the Platform. If you have any questions related to the Terms, please contact our customer services.
PLEASE NOTE THAT CERTAIN SECTIONS OF THESE TERMS ONLY APPLY TO CUSTOMERS RESIDENT WITHIN THE UNITED STATES, AND OTHER ONLY APPLY TO CUSTOMERS RESIDENT WITHIN THE EUROPEAN UNION.
Any references to ”you” or ”your” means you in your capacity as a user of the Platform, and any references to ”we”, ”us” or ”our” means GANNI.
Applicable to customers resident within the United States
When using the Services provided on the Platform, you will enter into a Contract (as defined below) with GANNI Inc., a Delaware Corporation with business address at 275 Canal Street, 2nd Floor, 10013 NY, New York, United States with EIN no. 30-1004627.
If you experience any problems with the Platform, please contact our customer services:
Tel.: +1 (646 989)-0913 (Monday – Friday from 10AM – 6PM EST)
E-mail: us.repeat@ganni.com
Applicable to customers resident within the European Union
When using the Services provided on the Platform, you will enter into a Contract (as defined below) with GANNI A/S, a Danish limited liability company with business address at Bremerholm 4, 10049 Copenhagen K, Denmark with CVR no. 21664731.
If you experience any problems with the website, please contact our customer services:
Tel.: +45 33 32 44 57 (Monday – Friday from 10AM – 6PM CEST)
E-mail: repeat@ganni.com
1. Introduction and General Information
1.1 On this Platform, we offer the opportunity to rent and/or purchase ready-to-wear GANNI items (hereafter referred to as “GANNI Items”) in accordance with these Terms.
1.2. When using the Services provided on the Platform, a binding contract is formed when you receive an order confirmation of your order (“Contract”) on the email provided on your Account. By accepting the Terms, you represent that you are an individual of legal age to form a binding contract. If you are not, you represent that you have obtained consent to enter into a Contract from your parents or guardian. This means that you must be able to enter into contracts in order to use the Services.
For example, if you are a resident in Denmark, you are able buy a GANNI Item on the Platform with a payment card if you are 15+ years, whereas you must be 18+ years in order to rent any GANNI Items.
If you are a resident within the United States, you may under no circumstances access or use the Services provided on the Platform if you are under thirteen (13) years old.
1.3. You can, at all times, find an overview of all your orders, payments, invoices etc. on your Account on the Platform. You can find more information about your Account in clause 1.5 (Platform Use and Account Requirement) below, and how we use your personal data in our Privacy Policy.
Applicable to customers within the United States
1.4. THESE TERMS APPLY FOR THE USE OF THE PLATFORM AND THE SERVICES IN ALL STATES, UNLESS OTHERWISE PROVIDED HEREIN. THUS, PLEASE BE AWARE THAT CERTAIN PARTS OF THESE TERMS MAY NOT APPLY TO YOU, OR SPECIFIC TERMS MAY ONLY APPLY TO YOU, IF YOU ARE RESIDENT IN A STATE WHERE SUCH PARTS OF THE TERMS DO NOT APPLY OR APPLY SPECIFICALLY. IN SUCH CASE, THIS WILL BE STATED IN THESE TERMS.
1.5. Platform Use and Account Requirement
1.5.1. We assign you a personal, non-exclusive and time-limited right to use and access the Platform in accordance with these Terms and applicable laws. In order to use the Services, you have to create an account on the Platform (“Account”). Sharing Account- or login information, or otherwise giving third parties access to your Account, is not allowed. We reserve the right, without notice and in our sole discretion, to block your access to the Platform in whole or in part, if we have reasonable ground to believe that you are violating these Terms or applicable laws.
1.5.2. When creating your Account, you will be required to provide us with certain information about you, including your contact information. The information provided must be accurate, complete and up-to-date, and you are obliged to maintain and update your Account information. You can read more about how we use your personal information in our Privacy Policy.
1.5.3. You may use the Services on the Platform for your own personal and non-commercial use. You may not use the Services on behalf of or for the benefit of any third parties, and you need to ensure that you use the Services in accordance with these Terms and applicable laws. You are solely responsible for your use of the Services and the Platform. You can read more information about the use of the Platform in clause 6 (Use and Functionality of the Platform).
1.6. Changes to the Platform and/or the Services
1.6.1. We may, at any time, in our sole discretion and without liability, choose to suspend, modify or discontinue all or part of the Services and the Platform. In addition, the content of the Platform may be updated for any reason in our sole discretion and without notice, including but not limited to updating of the product descriptions, specification as well removal of specific content on the Platform and Services. For the avoidance of doubt, we have no liability for any amendments on the Platform and/or the Services, as well as any suspension or termination of your access hereto.
1.7. The Terms may be updated from time to time. Therefore, we ask you to accept our Terms each time you use the Services provided on the Platform. You will not receive a notification of any such changes. The Terms that were applicable and that you accepted when you used our Services will apply to your Contract.
1.8. Delivery
Applicable to customers resident within the United States
1.8.1. The Services on the Platform are provided in all states within the United States, unless otherwise stated in these Terms. We only deliver with FEDEX and we offer ground shipping (2-5 days). You need to provide a residential or business address as a billing address.
1.8.2. Please find more information about delivery of your GANNI Items in clause 4.5 (Delivery of GANNI Items) below.
Applicable to customers resident within the European Union
1.8.3. The Services on the Platform are currently only provided in Denmark and the United Kingdom. Your delivery options will be available once you check out. Please note that we may only be able to deliver to a parcel shop/post office, and thus not a residential address.
1.8.4. In case we are only able to deliver your GANNI Item(s) to a parcel shop/post office, you should enter your residential, business or other desired address, and we will work out the nearest parcel shop/post office to the address given. You will be notified on email as to which parcel shop your GANNI Item(s)l will be delivered to. You need to provide a residential or business address as billing address.
1.9. GANNI Items will be delivered Monday to Friday. Please find more information about delivery of your GANNI Items in clause 4.5 (Delivery of GANNI Items) below.
1.10. Payment
1.10.1. We accept the following means of payment:
- Visa / Dankort (for Danish customers only)
- Visa Electron
- Mastercard
1.10.2. We reserve the right to check the validity of the credit or debit card, how much credit there is in relation to the payment amount, and whether your address information is correct. Any orders may be rejected depending on the outcome of this check.
1.10.3. We will charge your chosen payment card depending on which Service you choose. You can find more information in relation to the payments of the Services in clauses 4.4 (Rental Fee) and 5.5 (Price and payment) below, depending on the Services you choose.
2. Colours, Sizes and Warranty on Items
2.1.1. We make every effort to display the properties of GANNI Items as accurately as possible, including a GANNI Item’s condition and current colors. The color you see depends on your computer system and we cannot guarantee that your computer will display the colors accurately. We do not warrant that the listings, descriptions, images or other content on the Platform is accurate, complete, reliable, current or free of errors, or that any GANNI Item(s) will be available on the Platform. Sizes of GANNI Items are also stated as precisely as possible, but are only approximate values, to give you a better idea of each GANNI Item’s model and/or fit. They are thus not a warranty or guarantee of the real size of the GANNI Item(s) you receive, and the actual size may vary depending on the material of the specific GANNI Item(s).
2.1.2. If there are errors in the GANNI Item(s) you have rented and/or purchased via the Platform, we comply with all statutory warranty rules. If you want to complain about obvious material or manufacturing defects in items we have delivered, including damage caused during transportation, please notify us by returning the GANNI Item(s) to us immediately, using the pre-printed return slip supplied.
3. The services on the platform
3.1. The provided services on the Platform includes the following (“Services”):
- Rental of GANNI Items (as defined below in clause 4).
- Rental of GANNI Items with a purchase option (as defined in clause 5).
3.2. Please note that all GANNI Items(s) may not be available for purchase, which mean that you may not be able to purchase any GANNI Item(s) available on the Platform.
3.3. All items available on the Platform will be referred to as “GANNI Items” as long as the items are the property of GANNI. You can find more information about the ownership of the available GANNI Items below in clauses 4.10 (Ownership, usage and treatment) and 5.6 (Transfer of ownership).
4. THE RENTAL OPTION
4.1. In this section, you find the specific terms that apply when you choose to rent the ready-to-wear GANNI Items via the Platform (hereafter referred to as “Rent”, “Rental” or the “Rental Option”).
4.2. The GANNI Item(s) you receive will (in most cases) be pre-worn. We inspect and clean all used GANNI Items professionally before delivering them to you, but if you should receive a GANNI Items that does not live up to your expectations, please contact our customer services.
4.3. If you have the option (subject to availability) and decide to purchase the GANNI Item after Rent, please see clause 5 (The Purchase after Rental Option) for further information.
4.4. Rental Fee
4.4.1. The fee for Rental of GANNI Items (“Rental Fee”) can be found on the Platform. You will receive an invoice every time we charge your payment card, which will specify the details of your payment. Please note that you are solely responsible for paying the Rental Fee as well as applicable Late Fees in accordance with clause 4.8 below (Late Fees and Transfer of Ownership).
4.4.2. When you place your order for Rent on the Platform, you hereby authorize us to charge the Rental Fee and other related charges and/or fees on your payment card, including Late Fees. The Rental Fee will be withdrawn from your chosen payment card upon shipment.
4.4.3. You need to ensure that your payment information is valid and up to date, as well as providing complete and precise billing- and contact information. In case of any changes, you need to update your Account or otherwise inform us of such changes.
4.4.4. In case we are not able to charge the Rental Fee from your chosen payment card, we are not able to ship your order for Rent. Thus, this will be considered a cancellation of your order, and we reserve the right to make such cancellation of your Rental.
Applicable to customers resident within the United States
4.4.5. Applicable sales tax will be calculated and applied to your order during the check-out process. The prices on the Platform are quoted in U.S. dollars, unless otherwise indicated on the Platform.
4.5. Delivery of GANNI Items
4.5.1. Once you have placed an order on the Platform and chosen your delivery- and return date, you will receive an order confirmation on the e-mail provided in your Account details. In this e-mail confirmation, your rental period, i.e. delivery date and Return Date (as defined below), will be noted and accepted. You order will be delivered on or before your chosen delivery date. It is your responsibility to give accurate shipping information and keep your information updated.
4.5.2. If the delivery is delayed more than two (2) days from the delivery date, you may cancel your order by contacting our customer service. It is your responsibility to prove that the order was more than two (2) days late, in which case, you should always keep documentation and proof of delivery. In such case, you will receive a full refund of the paid Rental Fee on your used payment card.
Applicable to customers resident within the United States
4.5.3. You are solely responsible for any resulting loss, theft or damage of the GANNI Item(s) once delivered.
4.5.4. Your GANNI Item(s) is considered delivered when it has been delivered at the delivery address specified in your order. Upon delivery, you bear the responsibility of the GANNI Items(s) until returned in accordance with clause 4.6 (Return of GANNI Items), and you are obliged to treat and care for the GANNI Items(s) as prescribed in clause 4.10 (Ownership, usage and treatment).
Applicable to customers resident within the European Union
4.4.5. Your GANNI Item(s) is considered delivered when it has been received at the delivery address specified in your order. Upon delivery you bear the responsibility of the GANNI Items(s) until returned in accordance with clause 4.6 (Return of GANNI Item), and you are obligated to treat the GANNI Items(s) as prescribed in clause 4.10 (Ownership, usage and treatment).
4.6. Return of GANNI Items
4.6.1. All GANNI Item(s) must be returned in their entirety before or on the specified return date in your order confirmation (“Return Date”) in accordance with the instructions in this clause 4.6 (Return of GANNI Items). This also includes any special packaging that belongs to, and is reserved for, the Services. If you have used the GANNI Item(s) and return the GANNI Item(s) before the Return Date, this will be considered return in accordance with the Return Date.
4.6.2. We are not responsible for any personal or other items left in the GANNI Item(s) or which are returned in the return packaging. If you believe you have accidentally or otherwise sent us any such items, please contact our customer services as soon as possible. Our staff may be able to assist in attempting to locate such items at your request but are not obligated to and assume no liability for doing so.
4.6.3. The return package is not yours to keep, and if you lose or otherwise do not return the packaging, you will be responsible for returning the GANNI Item(s) at your own expense on or before the Return Date and providing us with a tracking number by writing our customer service. In addition, you may be charged a fee equal to the value of the packaging, and you hereby authorize us to charge such fee on your chosen payment card. In case you do not return the packaging, we do not make, any warranties of any kind with respect to such packaging, and we hereby expressly disclaim any warranties of any kind with respect to the packaging.
Applicable to customers resident within the United States
4.6.4. You must return the GANNI Item(s) by delivering the GANNI Item(s) in the returning packaging to a FEDEX store located in the United States by 12:00PM on or before the Return Date. It is your responsibility to be able to provide the evidence of the return, and GANNI may, at any time, ask for such evidence. We will provide you with a pre-paid and pre-addressed return package as well as instructions for your use in returning the GANNI Item(s) to GANNI.
Applicable to customers resident within the European Union
4.6.5. You must return the GANNI Item(s) by delivering the GANNI Item(s) in the returning packaging to a local parcel shop/post office as stated on your return label by 12:00 on or before the Return Date. It is your responsibility to be able to provide the evidence of the return, and GANNI may, at any time, ask for such evidence. We will provide you with a pre-paid and pre-addressed return package as well as instructions for your use in returning the GANNI Item(s) to GANNI.
4.7. Extending Rental Return Date
4.7.1. You may be able to extend the Return Date of your Rental, which will be an option shown your Account page together with the price of extending the Return Date. You do not have a right to extend your Return Date, since the GANNI Item(s) may be reserved by another user or otherwise non-available. We are, thus, not obliged to accept a request for extending your Return Date.
4.7.2. In case you choose to extend the Return Date, the additional price will be added to the Rental Fee and charged from your payment card upon receipt of the order confirmation.
Applicable to customers resident within the United States
4.7.3. Please note that other state taxes may also apply and thus charged from your payment card, including but not limited to sales tax.
4.8. Late Fees and Transfer of Ownership
4.8.1. If you do not return the GANNI Item(s) on or before the Return Date, you will be invoiced a daily fee equal to DKK 150/EUR 20/USD 20/GBP 20 (plus applicable taxes, including but not limited to sales tax) pr. day you are late in returning the GANNI Item(s) (hereinafter referred to as “Late Fee”). You hereby authorize us to (or our third-party payment processor) to charge such non-refundable Late Fees for every day you are late in returning your GANNI Item(s) in accordance with this clause 4.8 (Late Fees and Transfer of Ownership).
4.8.2. The Late Fee will be charged on the payment card you pay the Rental Fee or any other payment card included in your Account information that you have provided to GANNI, and you agree to pay such Late Fees in accordance with this clause 4.8 (Late Fees and Transfer of Ownership).
4.8.3. We will charge the Late Fee every day you are late in returning the GANNI Item(s) until such paid Late Fees equals the retail price of the GANNI Item(s), which can be found on the product page on the Platform or on your Account as the RRP (“Retail Price”), or until the GANNI Item(s) is returned and received by us. In any case, you will not receive a refund of the paid Late Fees, including (for the avoidance of doubt) any applicable tax, hereunder applicable sales tax.
4.8.4. In such case, whereas the Late Fees equals the Retail Price, the GANNI Item(s) is yours to keep, though on an “AS IS” basis without warranty of any kind, and we hereby expressly disclaim any warranties of any kind with respect to the GANNI Item(s). For the avoidance of doubt, the transfer of ownership of the GANNI Item(s) in accordance with this clause 4.8 (Late Fees and Transfer of Ownership) is not considered a distance sale.
SPECIFIC TERMS APPLICABLE TO THE GANNI x LEVIS COLLECTION
4.8.5 CLAUSES 4.8.3 AND 4.8.4 DOES NOT APPLY FOR THE GANNI X LEVIS COLLECTION, AND WE WILL CHARGE THE LATE FEE EVERY DAY YOU ARE LATE IN RETURNING THE GANNI ITEM(S). YOU WILL NOT RECEIVE A REFUND OF THE PAID LATE FEES, INCLUDING (FOR THE AVOIDANCE OF DOUBT) ANY APPLICABLE TAX, HEREUNDER APPLICABLE SALES TAX. THE OWNERSHIP OF THE GANNI ITEM(S) INCLUDED IN THE GANNI X LEVIS COLLECTION WILL NOT TRANSFER TO YOU IN ANY CASE.
4.9. Right of Withdrawal (cancellation of your order)
4.9.1. As a starting point, the fourteen (14) days of withdrawal applies to your Rental, whereas the start date is the date of placing your order, i.e. when a Contract is entered. Since the Rental of GANNI Item(s) is a service that takes place at a specific time (the rental period), the right of withdrawal ends at the start of the rental period, i.e. when delivered as prescribed in clause 4.5 (Delivery of GANNI Items).
4.9.2. In case you wish to exercise this right of withdrawal, you shall use the “Cancel” button on your Account before the start of the rental period, i.e. before delivery. In such case, you will receive a full refund of the charged Rental Fee on the payment card you used for the Rental. If you face any problems in exercising your right of withdrawal on the Platform, please contact our customer service as soon as possible.
4.10. Ownership, usage and treatment
4.11. GANNI remains the exclusive owner of any and all GANNI Items at all times, and thus also while the GANNI Item(s) are in your possession, except in case your Late Fees are paid and equals the Retail Price as stipulated above in clause 4.8 (Late Fees and Transfer of Ownership).
4.11.1. The GANNI Items(s) must be treated with the utmost care during the rental period, and you are obligated to following the instructions prescribed in the care labels found in all GANNI Item(s), including but not limited to instructions for machine washing and ironing, and any instructions given by us. You are responsible for loss, destruction or damage to the GANNI Item(s) in your possession due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompassed minor stains, rips, missing beads, stick zippers or other minor damage covered by the insurance you paid for with your Rental Fee. If you return a GANNI Item that is damaged beyond normal wear and tear, then you agree that we shall invoice you, and you shall pay, for the price for repairing or replacing the GANNI Item(s), as determined in our discretion, up to the Retail Price for the GANNI Item(s) plus applicable taxes, including but not limited to sales tax.
4.11.2. You may not in any case make any changes, amendments or alike to the GANNI Items. When you use the Services on the Platform and thus the Rent the GANNI Item(s), this is considered a service and the ownership of the GANNI Item(s) does not transfer to you.
4.12. Return After delivery
4.12.1. As a gesture to our customers, we want to offer all customers a chance to return the rented GANNI Item(s) within four (4) days after delivery, e.g. in case the rented GANNI Item(s) does not fit. However, this is on the conditions that the two (2) following requirements are fulfilled:
(i) you have not worn the GANNI Item(s) and thus not removed or broken the attached seal; and
(ii) completed and placed the return note in the package together with the GANNI Item(s).
Applicable to customers resident within the United States
4.12.2. In case you choose to exercise your right to return after delivery in accordance with this clause 4.12 (Return After Delivery), you will not receive a refund of your freight charges, but only the actual Rental Fee.
4.12.3. As an extra service, we also offer you the opportunity to return your GANNI Item(s) for an exchange to a new size (however subject to availability). This service is offered with no additional costs.
Applicable to customers resident within the European Union
4.12.4. In case you have exercised this right to return after delivery in accordance with this clause 4.12 (Return After Delivery), you will receive a full refund of the charged Rental Fee on the payment card you used for the Rental.
4.13. Cancellation by GANNI
4.13.1. In case we have to cancel your order, e.g. due to stock availability or other reasons, you will receive a full refund of your Rental Fee, if charged. You will receive a notice of such cancellation as soon as possible.
4.14. Use and expiry of Credits – only applicable to consumer resident within the European Union
4.14.1. If you have any credits on your Account (“Credits”), you may use and apply such Credits for any Services provided on the Platform, including the Rental Option.
4.14.2. All Credits will expire one (1) year after the date of receipt of such Credits.
5. The Purchase after Rental Option
5.1. In this section, you find the specific terms that apply when you choose to purchase GANNI Items after Rent (hereafter referred to as “Purchase after Rental” or the “Purchase after Rental Option”).
5.2. The Purchase after Rental Option may be available to you while you are renting a GANNI Item and are thus only available to customers who have chosen the Rent Option as described above in clause 4 (The Rental Option). All GANNI Items will not be available for Purchase after Rental, whereas we do not guarantee that you are able to exercise the Purchase after Rental Option. If a GANNI Item is available for Purchase after Rental, this will appear on the Platform on your Account as a “Buy” option.
5.3. Most GANNI Items available for Purchase after Rent have been previously rented by other customers and are not new. All GANNI Items are sold on an “AS IS” basis, without any warranty whatsoever. Since you have the GANNI Item(s) in possession by the time of the purchase, you know the conditions of the GANNI Item(s) at the time of purchase.
5.4. For the avoidance of doubt, the purchase of the GANNI Item(s) in accordance with this clause 5 (The Purchase after Rental Option) is not considered a distance sales, as you have the GANNI Item(s) in your possession when the purchase is made. This mean that you are not able to return or withdraw from purchase of the GANNI Item(s) after exercising the Purchase after Rental Option.
5.5. Price and payment
5.5.1. The price of the GANNI Items (“Purchase Price”) will be shown on your Account. Your paid Rental Fee, applicable sales tax as well as other charges paid by you will not be returned if you choose to exercise your Purchase after Rental Option.
5.5.2. If you choose to exercise the Purchase after Rent option, you grant us permission to take payment via the relevant payment method. If we are not able to charge the Purchase Price plus applicable taxes, including sales tax (if applicable), e.g. due to payment card expiry or insufficient funds, you will get a notification. You will be considered to Rent the GANNI Item(s) until payment of the Purchase Price (plus applicable taxes) is received. If the Purchase Price (and applicable taxes) is not received by the end of the rental period, and you do not return the GANNI Item(s) on or before the Return Date, the Late Fees as prescribed in clause 4.8 (Late Fees and Transfer of Ownership) will apply.
5.6. Transfer of ownership
5.6.1. When you have exercised the Purchase after Rental Option and paid the Purchase Price, the GANNI Item(s) will no longer be the property of GANNI and will be referred to as “Purchased Items”. This also means that the loss of or damage to the Purchased Item(s) will not be covered by our insurance and all risk of loss, damage, accidental destruction and the like is yours.
6. Use and Functionality of the Platform
6.1. Restrictions on Right of Use and Access to the Platform
1. Information, data, and illustrations constituting all or part of the Platform may not be shared with third parties or otherwise used to operate a directly or indirectly competing business, including reselling GANNI Items, which were purchased on the Platform, outside the Platform.
6.1.2. You may not, neither directly or indirectly
- decode, decompile, disassemble, reverse engineer or otherwise attempt to derive source code or underlying ideas or algorithms from all or parts of the Platform or any of its components (including, but not limited to any application) unless applicable law specifically permits;
- modify, translate, or otherwise create works derived from any part of the Platform; or
- copy, rent, lease, distribute or otherwise transfer any of the rights, which you receive as a result of the Contract or under the Terms.
6.1.3. You are personally responsible for acquiring, installing and maintaining applicable browser software and operating systems to be able to use the Platform. You are also personally responsible for creating and maintaining connectivity to the Internet and thus to our affiliated servers, when you wish to use the Platform.
6.1.4. We strive to ensure that the Platform is available twenty-four (24) hours a day. However, certain technical difficulties, maintenance, tests or updates that may be required by applicable laws and regulations may result in temporary interruptions from time to time.
6.2. Platform Functionality
6.2.1. The Platform is licensed under the Terms as it is and exists, and without any warranties, remedy claims or breach obligations other than those set forth in the Terms. The platform is generally delivered as standardized software without special adaptations for the brand and you as the end user. We therefore do not guarantee that the Platform will meet your specific needs or that the Platform is compatible with your software and/or hardware or that of a third party. We assume no responsibility for content such as items on the Platform, nor do we guarantee that the Platform is free of malware and other harmful components.
6.3. Changes and Updates to the Platform
6.3.1. We will change and update the Platform with new functionality on an ongoing basis and at our own discretion, when we deem it necessary. We can also change and update any contents and items available on the Platform and the setup of its page(s) on an ongoing basis and at our own discretion.
6.3.2. We are entitled to make changes to the functionality of the Platform, including the modification or removal of functions, which we deem necessary to provide the best possible service to its customers and you. It is at all times we who decide which functions meet this requirement. Nor do such changes to the functionality imply any limitations or changes in your obligations to us, nor do they entitle you to exercise remedy for breach of contract against us.
6.4. Delays
6.5. You may experience delays, omissions or inaccuracies on the Platform and the Services. Due to maintenance, malfunctions or other reasons, the Platform and the Services may become unavailable, and you agree that we are not, and will not be, liable for any such delays, omissions, inaccuracies or unitability.
7. LIMITATION OF LIABILITY
7.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ARE NOT, UNDER ANY CIRCUMSTANCES, LIABLE TO YOU OR ANY OTHER PERSONS FOR:
- ANY INDIRECT, SPECIAL, INCIDENTIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FOR USING THE PLATFORM OR THE SERVICES, INCLUDING BUT NOT LIMITED TO OPERATING LOSS, LOSS PROFITS, LOSS AND/OR RESTORATION OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, ACCURANCY OF RESULTS OR COMPUTER FAILIRE OR MALFUNCTION AND OTHER FORMS OF CONSEQUENTIAL LOSS;
- ANY LOSSES INCURRED AS A RESULT OF THE FACT THAT YOU NOT HAD THE OPPORTUNITY TO USE THE PLATFORM OR THE SERVICES PROVIDED HEREIN, FOR WHATEVER REASON, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY THAT SUCH LOSS COULD OCCUR;
- ANY SUBSTITUTE PRODUCTS, SERVICES OR TECHNOLOGY; OR
- ANY AMOUNT IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HINDRED UNITED STATED DOLLARS ($100) OR (II) THE AMOUNTS PAID BY YOU TO GANNI IN CONNECTION WITH THE SERVICES PROVIDED ON THE PLATYFORM IN THE TWELVE (12) MONTH PERIOD PRECEDING THE FIRST EVENT GIVING RISE TO A CLAIM.
7.2. NOTHING IN THESE TERMS EXCLUDES OR RESTRICTS OUR LIABILITY IN RELATION TO ISSUES WHERE IT WOULD BE ILLEGAL FOR US TO LIMIT OR EXCLUDE OUR LIABILITY.
7.3. WE DISCLAIM ANY RESPONSIBILITY FOR ANY LOSS OR DAMAGE THAT MAY BE ATTRIBUTED TO YOUR OWN CONNECTION TO THE PLATFORM, INCLUDING THE LACK OF INTERNET ACCESS, SYSTEM CRASHES OR OTHER ISSUES RELATED TO YOUR IT EQUIPMENT, SOFTWARE, BROWSER AND ALIKE. WE ARE UNDER NO CIRCUMSTANCES LIABLE FOR ANY MATTERS OURSIDE OUR REASONABLE CONTROL.
7.4. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES AND GANNI SHALL NOT BE LIABLE FOR ANY INTERRUPTIONS OR ERRORS RELETED THERETO.
Applicable to customers resident within the United States
7.5. AS SOME STATES WITHIN THE UNITED STATES DO NOT PERMIT THE LIMITATION AND/OR EXCLUSION OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES, OR CERTAIN OTHER DAMAGES, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU, DEPENDING ON WHICH STATE YOU RESIDE. THE LIMITATION OF LIABILIY AS SET FORTH IN CLAUSE 8.1 ABOVE DOES NOT APPLY TO TRANSACTIONS OR RESIDENTS OF NEW JERSEY.
7.6. PRODUCT LIABILITY – APPLICABLE TO RESIDENTS WITHIN THE EUROPEAN UNION
7.6.1. We are only responsible for product damage in accordance with the provisions of the Product Liability Act, which cannot be waived by agreement, and we disclaim product liability on any other basis.
8. Disclaimer of warranties
8.1. GANNI, its licensors, suppliers, partners and affiliated entities do not make any representations nor warranties concerning the Services and the Platform. The foregoing also applies to the officers, directors, members, employees, representatives and agents of GANNI, its licensors, suppliers, partners and affiliated entities. This disclaimer of warranties includes, without limitation, any content on the Platform or accessed through the Platform or the Services, and no party included in this clause will be responsible or liable for the correctness, copyright compliance, legality or decency of the content on or accessed through the Platform, or any claims, suits, costs, expenses, damages and/or liabilities arising out of or in connection with your usage of the Platform and the Services provided herein.
8.2. We do not make any warranty that the Platform and/or the Services provided on the Platform will meet your requirements, nor that the Services will be uninterrupted, timely, secure or free of errors. In addition, we do not make any warranty in relation to the results that may be obtained from the use of the GANNI Items, the Services or the Platform, nor that any detected defects will be corrected.
8.3. No communication, advices and/or other information, no matter whether this is communicated in writing or orally, provided to you by us will create any warranty, representation or guarantee not covered and expressly stated in the Terms or applicable laws.
8.4. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWS, THE PLATFORM, THE SERVICES, GANNI ITEM(S) AVAILIBLE ON THE PLATFORM AND CONTENT HEREIN ARE PROVIDED ON AN “AS IS”, “WHERE IS” AND “AS AVAILIBLE” BASIS, AND GANNI HEREBY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC AND PARTICULAR PURPOSES, NON-INFRINGEMENT, OR THAT YOUR USE OF THE SERVICES PROVIDED ON THE PLATFORM WILL BE UNINTERRUPTED AND/OR ERROR-FREE.
Applicable to customers resident within the United States
8.5. AS SOME OF THE STATES OF THE UNITED STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION IN CLAUSE 8.4 MAY NOT APPLY TO YOU.
9. Intellectual Property Rights
9.1. We, and the third parties from whom we derive our rights, have and shall retain the full copyright, access, and any other right and intellectual property rights to all content and functionality of the Platform, where the competitions and promotions are held, included but not limited to html code, source code, text, graphics, images, designs, trademarks and other items that you can access via the Platform.
9.2. You hereby agree and acknowledge that all content on the Platform is protected by copyright laws, other intellectual property and proprietary rights and laws, and owned by us and our third-party suppliers. You may not copy, modify, reproduce, republish or otherwise use the content on the Platform without the express written permission by us and/or our third-party suppliers.
10. Notifications of Copyright
10.1. If your or anyone else’s protected work has been posted on the Platform without the necessary permission, you may file a copyright infringement notice. The quickest and easiest way to submit a copyright removal notice is via the email address listed at the top of these Terms.
11. Force Majeure
11.1.Except for payment of financial claims, we are not liable to you for matters beyond our control and which we should not have taken into account or avoided or overcome (“Force Majeure”). Issues with our suppliers are considered Force Majeure if there is a corresponding obstacle for the supplier, and the supplier should not have avoided or overcome this, possibly using an alternative supplier.
12. Taxes – APPLICABLE TO RESIDENTS WITHIN THE UNITED STATES
12.1. You are solely responsible for paying, withholding, filing and reporting all federal, state and local services tax, duties, customs and other governmental assessments associated with you using the Services, provided that we may, in our sole discretion, do any of the foregoing on behalf of you or ourselves, as we see fit.
13. CHOICE OF LAW, ARBITRATION AGREEMENT AND JURISDICTION – APPLICABLE TO RESIDENTS WITHIN THE UNITED STATES
13.1. PLEASE ENSURE TO READ THIS FOLLOWING CLAUSE 4 CAREFULLY, AS IT REQUIRES YOU TO ARBITRATE CERTAIN CLAIMS AND DISPITES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF UNDER THE CONTRACT FROM GANNI.
13.2. By entering a Contract, both you and GANNI agree:
- 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;
- any and all disputes the 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 Platform, (b) the Services, (c) these Terms, (d) the completion, acceptance and finally delivery related to the Contract, or
- 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.
13.3. 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. 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.
13.4. 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. 5. Neither the 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.
13.6. 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 COSTUMER AND CONTRACTUAL PARTY, OR GANNI WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
13.7. If any provision of this section is found to be invalid or unenforceable, 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 the Terms will survive the termination of the Contract and your relationship with GANNI otherwise.
14. GOVERNING LAW AND JURISDICTIONS – APPLICABLE TO CONSUMERS RESIDENT WITHIN THE EUROPEAN UNION
14.1. The Terms and all Contracts entered are subject to Danish law, regardless of what may follow from regulations in international private jurisdiction. Disputes that may arise in connection with the Terms or any Contracts are subject to the Danish courts.
15. Entire Agreement
15.1. These Terms shall constitute the entire contract between you and GANNI with respect to any the Services and Rental made by you on the Platform and supersede all previous contracts, understandings, agreements and representations in relation hereto.
16. Validity
16.1. If any provision or provisions in the Terms is/are found to be invalid, unlawful or unenforceable, the validity, legality and enforcement of the other provisions shall remain in full force and effect.
17. Electronic Communication
17.1. We will send you information about the Platform and your Account (e.g. payment approvals, invoices, modified payment method or password, confirmation messages and other messages) in electronic form: e.g. via emails to the email address you provided and associated with your Account on the Platform. Thus, you need to ensure that the information provided by you on the Account is always up-to-date.
18. Customer Support and Complaints
18.1. Visit our Help Centre on the Platform for more information about the Platform, its features and the Terms, or if you need help with your Account. You can also call our customer service or write an email. You can find the contact details above. In some cases, our customer service team can best help you by using a remote access tool that gives us full access to your computer or smartphone. If you do not wish to grant us this access, you should not allow support via the remote access tool. In that case, we will do our best to help you in some other way.
18.1.1. If you have any complaints regarding the Platform, Services or these Terms, you can contact us at repeat@ganni.com.
19. NOTICE SPECIFICALLY TO THE RESIDENTS OF NEW JERSEY – applicable to customers resident within the united states
1. If you are a resident of New Jersey and using the Platform and the Services provided herein, certain parts of these Terms do not apply to you (and do not limit any rights you may have as a resident of New Jersey) to the extent that such certain parts of the Terms are unenforceable under the laws of New Jersey. Such parts of the Terms are listed below:
- the disclaimer of liability for any indirect, special, incidental, punitive or consequential damages of any kind;
- the limitation of liability for loss profits, or loss or abuse of any data; and
- the New York choice of law provisions (to the extent that your rights as a consumer residing in New Jersey are required to be governed by the laws of New Jersey)
Last updated: August 7, 2020.