General Terms and Conditions of Use for the Frankpayne.com Website

The Privacy Policy governs the processing of any personal information that you provide to Frank Payne INT on this Website.   

Frank Payne INT may update the Privacy Policy at any time without notice by posting such updates on this Website. 

You will find the complete text of the Privacy Policy on the hyperlink labeled “Privacy and Cookies” in the “Legal” section of the footer of the Website.

Please read carefully our Privacy Policy which governs the processing of your personal information.

The Website is intended only for use by individuals 13 years of age and older. 

2.1.

All content and materials on the Website (drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks, and all other intellectual property of any nature whatsoever) are the sole and exclusive property of FRANK PAYNR INT. You may not reproduce, by any means or process, in full or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such content or materials contained on the Website.

The “FRANK PAYNE INT” trademark, the trademark image of a horse and carriage and all other FRANK PAYNE INT related marks, names and logos, whether or not registered, displayed on the FrankPayne.com website, as well as the domain name “FrankPayne.com,” are and will remain the exclusive property of FRANK PAYNE INT.  Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose whatsoever without prior, express agreement of FRANK PAYNE INT is prohibited.

You may not remove any copyright, trademark or other proprietary notice contained on the Website or any content contained therein.

2.2.

FRANK PAYNE INT remains the owner of the creations relating to the products displayed on the Website.

The Terms and conditions of Use and Terms and Conditions of Sale do not grant you or any other person any entitlements of any kind to the intellectual property rights held by FRANK PAYNE INT or any FRANK PAYNE INT group companies.

These intellectual property rights prohibit,  inter  alias,  the  affixing  of  the  FRANK PAYNE INT trademarks and/or  its  logos,  or  the  insertion  of photos of the products or their packaging in any  material (including brochures, posters, catalogues, correspondence, press articles, audiovisual works, internet sites, intranet sites, etc.) without express prior written approval from FRANK PAYNE INT.  You agree to refrain from fabricating and/or arranging for the fabrication of, for itself or on behalf of third parties, products that are identical to, and/or similar to, and/or constituting imitations of the products displayed on the Website or derivative products within the meaning of federal and state intellectual property laws and regulations.

The Website may contain links to third party websites not under the operation or control of FRANK PAYNE INT. Such links are provided as a convenience only and cannot, and should not be interpreted as an express or implied endorsement of such third party websites or any products or services offered thereon. You may only provide a link to the Website if expressly authorized in advance in writing by FRANK PAYNE INT.

To the fullest extent permitted by applicable law, FRANK PAYNE INT will not be liable to you, or any third party, for any damages including without limitation indirect, incidental, exemplary, punitive, special or consequential damages, such as loss of profits, loss of goodwill or any other intangible losses, arising out of or in connection with your use or inability to use the Website, any content or materials on this website,  or any of the products or services offered on this website,  even if FRANK PAYNE INT has been advised of the possibility of such damages, except where such liability or damage is the direct result of the gross negligence, fraud or willful misconduct of FRANK PAYNE INT.

Use of and browsing in the Website are at your own risk.  FRANK PAYNE INT does not guarantee or represent that:

-the Website is free from viruses, worms, trojan horses or other destructive material;
-the information contained on the Website is accurate, complete or up to date.

The Website may contain technical inaccuracies or other defects; FRANK PAYNE INT does not guarantee that any such defects will be corrected. The Website and its contents are provided on an “as is” and “as available” basis.  FRANK PAYNE INT expressly disclaims all warranties of any kind, whether express or implied, to the fullest extent permitted by applicable law.

The application and enforcement of these Terms and Conditions of Use, the General Terms and Conditions of Sale, and any Specific Terms and Conditions of Sale that may be applicable, shall each be governed by and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws.  In the event of a dispute, the Federal and State courts of the State of New York, County of New York, shall have exclusive jurisdiction over any such dispute and you hereby agree to submit to the exclusive jurisdiction of such court to the fullest extent permitted by applicable law.  FRANK PAYNE INT shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder.

The failure of FRANK PAYNE INT to enforce any part of these Terms and Conditions of Use, General Terms and Conditions of Sale or any Specific Terms and Conditions of Sale that may be applicable to your order, shall not constitute a waiver of any of FRANK PAYNE INT’s rights hereunder for past or future acts.

If any provision of these Terms and Conditions of Use, General Terms and Conditions of Sale or any Specific Terms and Conditions of Sale that may be applicable to your order, are determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.


Terms and Conditions of Sale

You may print the full text of the General Terms and Conditions of Sale and the Specific Terms and Conditions of Sale.

2.1.

All content and materials on the Website (drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks, and all other intellectual property of any nature whatsoever) are the sole and exclusive property of FRANK PAYNE INT. You may not reproduce, by any means or process, in full or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such content or materials contained on the Website.

The “FRANK PAYNE INT” trademark, the trademark image of a horse and carriage and all other FRANK PAYNE INT related marks, names and logos, whether or not registered, displayed on the FrankPayne.com website, as well as the domain name “FrankPayne.com,” are and will remain the exclusive property of FRANK PAYNE INT.  Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose whatsoever without prior, express agreement of FRANK PAYNE INT is prohibited.

You may not remove any copyright, trademark or other proprietary notice contained on the Website or any content contained therein.

2.2.

FRANK PAYNE INT remains the owner of the creations relating to the products displayed on the Website.

The Terms and conditions of Use and Terms and Conditions of Sale do not grant you or any other person any entitlements of any kind to the intellectual property rights held by FRANK PAYNE INT company.

These intellectual property rights prohibit,  inter  alias,  the  affixing  of  the  FRANK PAYNE INT trademarks and/or  its  logos,  or  the  insertion  of photos of the products or their packaging in any  material (including brochures, posters, catalogues, correspondence, press articles, audiovisual works, internet sites, intranet sites, etc.) without express prior written approval from FRANK PAYNE INT.  You agree to refrain from fabricating and/or arranging for the fabrication of, for itself or on behalf of third parties, products that are identical to, and/or similar to, and/or constituting imitations of the products displayed on the Website or derivative products within the meaning of federal and state intellectual property laws and regulations.

1. Customer Account

You are required to create an account or log in to your existing account in order to place your order on the Website. 

Your username and password are for your personal use only. You are responsible for maintaining the confidentiality of your username and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. 

In no event shall FRANK PAYNE INT be liable for any loss, theft or fraudulent use of your account. In such a case, you should inform FRANK PAYNE INT immediately.

Creating an account allows you to:
– track your deliveries and view your orders history;
– return or exchange products;
– add or change your shipping and billing addresses for future orders;
– manage your subscriptions to the newsletter.

2. Placing an Order

You may place your order via the Website or contacting us if you wish to become an official distributor.

The delivery zone for products ordered via the Website is available during puchase. However, Frank Payne INT remains the right of cancel an order if the country is not deliverable or has specific conditions.

For each product selected on the Website, a summary page will be displayed featuring a photograph of the item, its coloring and references, the quantity selected, its unit price and the total amount owed for your order.

You should check that this information accurately reflects your selection before confirming your order.

Upon confirmation, your order will be submitted to FRANK PAYNE INT for processing (see “Order Confirmation”).  While every effort is taken to try to ensure that the coloring, design and style of the FRANK PAYNE INT products in the photographs displayed on the Website are representative of the original products, variations may occur due to technical restrictions of color reproduction on your computer or mobile device. FRANK PAYNE INT reserves the right to reject or to cancel your order in its sole discretion for any reason without liability if, among other things, the products are not available, are incorrectly priced or are otherwise incorrectly described.  Accordingly, FRANK PAYNE INT shall not be liable for any error or inaccuracy in the photographs or graphical representations of FRANK PAYNE INT products displayed on the Website. If you have any questions about the products, you may contact Customer Service by clicking on the hyperlink labeled “Contact Us” in the “Services” section of the footer of the Website.

Please note that for customized scarves, embroidery is done by hand and stitching may be irregular.

FRANK PAYNE INT reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if FRANK PAYNE INT has reasonable cause to suspect that such customer has violated these Terms and Conditions of Sale, or is engaged in any fraudulent activity or for any other legitimate business reason.

For any exceptional order, please contact Customer Service by clicking on the hyperlink labeled “Contact” in the footer of the Website.

3.1 Services related to pre-orders

Pre-orders allow customers to reserve certain Products advertised on the Website before their release date.

3.2 Purchase – Availability

Products offered for sale and displayed on the Website are subject to availability. In order to improve our quality service and ensure greater availability of our Products for all customers, FRANK PAYNE INT reserves the right to limit the number of Products which can be purchased per customer.
FRANK PAYNE INT shall not be liable in case of stock outage or unavailability of products. 

FRANK PAYNE INT reserves the right to change the products offered for sale on the Website at any time and without notice.

Details about the availability of products are provided when you place your order. At times, errors may exist, especially in case of simultaneous orders of the same product by several customers. The availability date of the pre-ordered Product will be explicitly indicated on the Product form. If the availability date changes, you will be notified immediately by email and/or on your client account. In case a product is not available after you have placed your order, we will inform you by email or by telephone as soon as possible. You will be invited to choose another available product on the Website as substitution for the unavailable product or to cancel your order. If you cancel your order, you will be refunded if your credit card or debit card has been charged.

Customized products are final sale and cannot be cancelled once the order is placed.

After you click on the “Order” button, your order will be confirmed and submitted for processing. To confirm a pre-ordered Product or any other Product requiring a longer handling time, you must also allow FRANK PAYNE INT to retain your bank details until the product is dispatched and for a maximum duration of 2 months for the purpose of debiting once your order has been dispatched. Once submitted for processing you may not make any changes to or cancel the order, except as expressly provided in these Terms and Conditions of Sale or applicable law. The confirmation of your order means your acceptance of the Terms and Conditions of Sale.

You will receive an order summary by e-mail.

FRANK PAYNE INT reserves the right not to accept or to cancel your order if the products are not available are incorrectly priced or are otherwise incorrectly described.

1. For deliveries to a physical street address:

Products will be shipped to the delivery address(es) specified during the ordering process provided such address(es) is(are) located within the Delivery Zone. Any delivery address located outside of the Delivery Zone will be refused during the ordering process.

Products purchased via the Website may only be delivered to a physical street address within the Delivery Zone. 

FRANK PAYNE INT will not process any order for which a post office box or APO/FPO address is provided.

You will be asked to select the shipment method you would prefer as part of the order process. The delivery times below are from the date your order has shipped.

We will inform you of the shipping costs for the shipment method you select in the order summary displayed on the Website before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the products ordered.  FRANK PAYNE INT can change any time expedition cost for shipping to different countries. 

If any provision of these Terms and Conditions of Use, General Terms and Conditions of Sale or any Specific Terms and Conditions of Sale that may be applicable to your order, are determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

8.1. For deliveries to a physical street address:

When you place your order, we will inform you of the estimated time for delivery and the various methods of delivery available for the product purchased.

Some tableware, wallpaper, furniture, lighting, fine jewelry and other customized products may be subject to extended delivery times and/or shipping delays. If your order is not able to ship immediately, Customer Service will contact you to provide more details and an estimated shipping date.

Any failure to deliver or late delivery exceeding eight (8) business days should be reported to Customer Service as soon as possible. In order for your claim to be accepted, please notify us within ten (10) business days from the date of confirmation of your order.

You should check that your shipment is correct on delivery. If there are any discrepancies in your order when the products are delivered to you, you should note the nature of the potential discrepancy (e.g., open package, damaged product, etc.) by hand, if possible, on the delivery notice, and sign.

If the products do not conform to your order or you are not satisfied with them, you may return them, exchange them or request a refund according to the terms and conditions contained in the section entitled “Returns – Exchanges – Refunds”.  See also Specific Terms and Conditions of Sale as applicable to your order. 

The transfer of property occurs when the customer is charged which is concurrent to the time the property leaves the distribution center. The third-party shipping provider is responsible for the customer-owned property while the property is in transit, up until delivery confirmation is provided at which point, the transfer of property is complete, and the buyer assumes responsibility of the property.

11.1. To FrankPayne.com:

11.1.1 Principles and procedure of return

You may return any product ordered on the Website for exchange or refund within thirty (30) calendar days from the delivery date subject the terms and limitations set out below (see articles 11.1.1 to 11.1.4).

Returned products must be in their original condition and packaging (the orange box and if possible the delivery box), together with their purchase invoice or a copy in the case of a partial return. FRANK PAYNE INT has sole discretion in determining whether the products purchased via the Website are in original condition when returned.

Returning a product for exchange or refund is free of charge as long as you return the products to us via our carrier by using our system of pre-paid return labels. Log in to your account and click on “return or exchange items” in the “your orders” section.  Follow the instructions which will allow you to:

  • – choose the articles to return as well as the reason for the return;
    – download and print your pre-paid return label and a copy of your invoice.

If you are unable or do not wish to use the pre-paid label service, please contact Customer Service who will record your return. You can then return your package to the following address:

FRANK PAYNE INT

21 PLACE DE LA REPUBLIQUE

75003 PARIS

In this case, please insure your package for the full retail value of the item.  FRANK PAYNE INT  will not be responsible or liable if any item you return to the Website is lost, misdirected or delivered late insofar as you have to bear the risks of the shipping you have chosen.

Returns conditions applicable to fragrance, makeup and beauty Products: Fragrance, makeup and beauty Products must not be opened and must be returned in their original packaging. If the transparent film has been opened or removed or if the Product has been used, the item will not be accepted for return or exchange. If a product is defective or has been damaged during delivery, customer must ensure when applicable that the bottle is still hermetically sealed (if this is not the case, contact Customer Service).

11.1.2. Exchanges

You may exchange an item for another item of lesser, equal or greater value subject to the conditions below.

If you exchange an item for another item of greater value, you shall pay the difference in price.

If you exchange an item for another item of lesser value, you will be refunded within ten (10) business days of receipt of the item returned by crediting your debit or credit card.

If you exchange an item, the shipping costs for the first delivery will not be refunded. However, you will not be charged shipping costs for the second delivery. 

Only one exchange per item will be honored.

Products remain the property of FRANK PAYNE INT until payment in full is made to FRANK PAYNE INT.

In case of a payment dispute, you agree to return the received products to FRANK PAYNE INT immediately upon request, and to assume the risks (in particular the loss, theft or damage) relating to the delivered products.

The computerized data registered by the Website in the IT systems of FRANK PAYNE INT establish the terms of the transactions between FRANK PAYNE INT and its customers. In the case of a dispute between FRANK PAYNE INT and its customers relating to a transaction entered into using the Website, the data registered by FRANK PAYNE INT are the terms of the transaction and shall constitute the proof of communication, orders and payments between the parties. 

Any disputes under these General Terms and Conditions of Sale shall be governed by the Section 6 “Governing Law – Disputes” of the Terms and Conditions of Use.

UNLESS STATED OTHERWISE, FRANK PAYNE INT PRODUCTS ARE SOLD ON AN “AS IS” “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER IMPLIED OR BY LAW, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF: (I) MERCHANTABILITY, (II) FITNESS FOR A PARTICULAR PURPOSE, (III) NON-INFRINGEMENT, (IV) WORKMAN-LIKE EFFORTS, (V) QUALITY, AND (VI) ACCURACY, AND (VII) TITLE.