Terms and Conditions of Sale

PLEASE READ THESE TERMS OF SALE CAREFULLY.  BY PLACING AN ORDER THROUGH THE SERVCES, YOU AFFIRM THAT:  

YOU ARE LEGALLY COMPETENT TO ENTER INTO AND BE BOUND BY A CONTRACT. 

YOU UNDERSTAND AND AGREE TO THESE TERMS OF SALE. 

YOU CONSENT TO THE PRIVACY POLICY.  

PUIG FRANCE S.A.S. (hereinafter, the “Company”) is a French company whose registered office is located in 65-67 Avenue des Champs Elysées 75008, Paris (France) incorporated in the commercial register of Paris under the number (SIREN) nº 380681833. 

For further information, any question or help you may need, you may contact us at contact@ninaricci.com

These terms and conditions (”Terms of Sale”) apply to online sales by Company and purchases by customers in the United States of America (”customer” or “you”) (for domestic and private, personal use only) of products bearing the Company’s trademarks, trade names, trade dress, service marks, and logos offered for sale (“Products”) on www.ninaricci.com ("Website"). 

All sales of Products through the Website are subject to these Terms of Sale, unless otherwise indicated at the point of purchase. By purchasing a Product through the Website, you agree to these Terms of Sale.  You are responsible to print or make an electronic a copy of these Terms of Sale and any other contract or disclosure that we are required to provide to you. 

You agree that all of your transactions with or through the Website are conducted electronically.  If we contact you by telephone, conversations may be recorded.  

Geographic Restrictions 

The Products offered on this Website are intended for end customers in the United States of America. 

The Company delivers Products throughout the continental United States, Hawaii and Alaska, but excluding military addresses, General Delivery and P.O. Boxes. 

Products are subject to export control laws, restrictions, regulations and orders of the United States. You represent and warrant that you are not on the Denied Persons, Specially Designated Nationals or Debarred Persons List or otherwise prohibited by law from purchasing the Products. 

Updates to these Terms of Sale 

These Terms of Sale may be modified or updated by Company at any time.  The Terms of Sale applicable to a confimed order are the Terms of Sale in force on the day on which the order is placed.  

We strive to display the correct text, images and prices for Products but inaccuracies or errors may occur. We do not warrant that any Product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Website, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct the error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of one of these errors is to cancel your order and obtain a refund. 

Products also are offered subject to availability. If an ordered product is not available, the Company will inform the customer of this by any appropriate means (telephone or e-mail) as soon as possible. 

Products are sold to end-customers for private and personal use only. The Company expressly prohibits purchase for business or re-sale purposes.  

To place an order, you must be at least age 18 (or the age of majority in your place of residence, if older) and hold a debit or credit card or any other payment instrument accepted on the Website (as indicated at the time of validating the order). 

You are responsible for ensuring that all the information communicated to the Company via the Website in connection with an order is accurate, complete and up to date.  We are not responsible for any consequences resulting from inaccurate, incomplete or out of date information that you provide. 

The Company will also be entitled to refuse any order: (i) placed by a customer with whom there is an outstanding dispute relating to the payment of any previous order; (ii) that is not compliant with these Terms of Sale, or (iii) where our risk assessment systems detect anomalous purchases or transactions suspected of fraud. 

The Company will acknowledge receipt of an order by email sent to the email address communicated by the customer. This order confirmation email will contain the ordering and customer information and/or, where relevant, any issue concerning the order such as availability of the Products, delivery timeframes or payment difficulties.  

An order is final when an order confirmation email is sent and a contract is formed between the Company and the customer. 

An order is binding on the Company and the customer once an order confirmation email is sent to the customer. Upon this acceptance of an order, the Company and the customer have concluded a binding sales contract on the basis of the terms of the order, the acceptance and these Terms of Sale. 

All prices are shown in U.S. dollars.  Taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. Prices displayed may vary from those in the store or from store-advertised prices. 

Any adjustment in price will not affect the price of Products for which you have already received an email confirmation. 

Purchases must be paid by one of the payment methods displayed on the Website. 

If you pay by credit card, you represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use the credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order. 

By completing a transaction, customer is providing consent for their card to be charged.  The customer's payment card will then be debited after verification of its identification and banking information. If, for any reason whatsoever, the payment is declined, the order will not be registered by the Company and will be cancelled. 

The Company reserves the ownership of the Products until the full price of the Products has been paid to the Company, i.e. once the payment by customer has been successfully made. 

Products will be delivered to the delivery address indicated by the customer at the time of placing the order using the delivery method specified, provided that such delivery address is located in one of the countries where the Company offers delivery of its Products (see Article 2). The Company bears no responsibility for any missing/erroneous delivery information provided by customer.  

The Products ordered will be dispatched by the Company by a postal carrier or parcel delivery service of its selection for delivery on the date or within the estimate timeframe indicated on the Website and in the confirmation e-mail. The Company accepts no liability for shipping delays, whether or not in the Company’s control. In the event delivery within the estimated time frame is not possible, the Company will inform customer of such delay and will propose another delivery date or provide alternative options.  

The Company shall not be liable for any delay or failure to comply with its obligations under these Terms of Sale if such delay or failure arises from circumstances beyond the Company’s reasonable control. This provision does not affect the customer's right to receive the product within a reasonable time. Title to the Products shall be transferred to the customer upon delivery.   

To cancel your order please notify us at contact@ninaricci.com, providing your name, address, details of your order and email. 

Subject to the provisions of the following terms, the customer may cancel the order and elect to return the ordered Products on the Website within the following periods: 14 calendar days from the receipt of the Products by customer, or in case of multiple Products purchased in one order, 14 calendar days from the receipt of the last of the Products.  

Products cannot be returned in-store. Products can be returned by following the steps of the return procedure required by the Company, as described on the Website. 

The customer will bear the direct costs of returning such items and will be liable for any diminished value of the returned goods resulting from handling the items (except when such handling was necessary to establish the nature, characteristics, and functioning of the items). 

The return of the Products must be made by the customer: 

- Customer must notify the Company of their decision to return the Products at contact@ninaricci.com; 

- Customer must return the Products within 14 calendar days customer notifying the Company of customer’s decision to return the Products;  

- Customer must return the Products in their original packaging, in perfect condition, unused, and accompanied by all the accessories and documents provided with them at the time of delivery (notice, warranty, certificate of authenticity, etc.) and the delivery slip enclosed with the Products delivered. Note that if Products returned are not in a re-sellable condition, we may not accept your return. Any promotional gifts received with your purchase must also be returned; and 

- For the return of leather Products, Products should be returned unused, with all tags attached and with all packaging (including any dust bags and plastic packaging). 

If the customer cancels their order in accordance with the above provisions, the Company will refund the full price of the returned Product paid including delivery charges, except that the Company may reduce the refund (excluding delivery costs) to reflect any reduction in the value of the Product caused by the customer’s use or handling of the Products. The Customer shall be responsible for the cost of the return of the Product to the Company. 

The Company is only obliged to refund delivery costs for the least expensive delivery method we offer. Therefore, if the customer has chosen a more expensive form of delivery when ordering (e.g. nominated day delivery) the Company will not pay the difference between this method of delivery and the Company’s least expensive method of delivery. 

The Company does not assume ownership of the returned Product until it is received at the return address.  

Reimbursement for the price invoiced for any Products returned will be processed by crediting the original payment method used for the purchase. Refund will be completed within 14 days after the date the Company receives the returned Product or receipt of evidence that the Products was returned.  

You are responsible for ensuring any returned Products reach us in a saleable condition. 

A right to cancel and receive a refund does not apply to an order for a Product that was personalised or made to a customer’s specifications. 

If Products are returned in a revised or altered, incomplete or soiled condition or have been damaged, then the Company is entitled to reduce any applicable refund by an amount equal to the diminished value in the returned products or refuse an exchange. 

The Company reserves its right to refuse a refund or exchange for any return that fails to arrive and where no proof of postage or tracking has been provided by the customer. 

Where permitted under applicable law, all items marked as "final sale" on the Website are ineligible for return, refund or exchange. 

If the Products delivered are not the Products that were ordered, the customer shall:  

- inform the Company as soon as possible, but in no event later than 14 days, by email explaining why the Product is not in conformity with the order. 

- return the concerned Product in its original packaging, in perfect condition, unused, and accompanied by all the accessories and documents provided with them (notice, warranty, certificate of authenticity, etc.) and a copy of the delivery slip enclosed with the delivered Product.  

- follow the steps of the return procedure suggested by the Company, as described on the Website. 

The costs of returning a Product will however be borne by the Company, only if the customer is right in claiming that the Product returned is not compliant with his/her order, and subject to providing evidence of said costs to the Company. They will then be reimbursed by crediting the customer's bank account accordingly. 

If it is not possible to exchange or repair the returned Product, reimbursement of the price invoiced for a non-compliant Product that have been returned will be effected by crediting the customer's bank account within, at the latest, 14 days as from the Company's receipt of the returned Products. 

Under no circumstances shall the restitution, exchange or reimbursement be requested and/or performed in a physical store. 

You may occasionally receive discount codes from us, via email or through promotional materials. Each code is unique to the recipient, is not transferable, has no monetary value and cannot be converted into currency. A code may have an expiration date, which will be stated at the time of promotion or on accompanying promotional materials that cannot be modified. 

When an order containing multiple items is placed using a promotional code, the value of the discount is spread over each item according to the pro-rated value of that item. Any refund of an item purchased in such an order will be reduced by the value of discount attached to it. The discount cannot be refunded. 

The value of a discount code cannot be deducted from an order if that code is defective or out of date: no replacement codes will be issued. 

Only one discount voucher may be used per order. 

Category and product exemptions may apply for discounts and promotions. 

We do not do price adjustments on any sale items. 

Personal data collected by the Company is governed by the Privacy Policy. 

The Company will not be liable for damage resulting from customer’s purchase of the Products unless such damage is directly attributable to the Company’s negligence or wilful misconduct.  

The Products are sold to end-customers for personal use only. The Company expressly prohibits purchase for business or re-sale purposes. the Company will not be responsible for any loss of profits or business in relation with any resale activity carried out by customer. 

The Company will not be responsible for any indirect damages resulting from the use of the Products by customer or any third party. The loss or impossibility to use Products due to events beyond the Company’s control will not give rise to any claim for reimbursement or indemnification by the Company. 

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION ANY LOST OPPORTUNITY OR PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL OR ANY OTHER INTANGIBLE BENEFIT, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL THE COMPANY’S LIABILITY EXCEED THE TOTAL AMOUNT PAID TO THE COMPANY BY YOU. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH CASES THE ABOVE LIMITATIONS AND EXCLUSIONS DO NOT APPLY.  

The Website, content provided through the Website, and all technology, software, materials, data, or images provided or used by or on our behalf or Company's licensors in connection with the Website are provided “as is” and on an “as available” basis. Except as expressly set forth herein, Company makes no other representation or warranty of any kind, whether express, implied, statutory, or otherwise with respect to the offerings on the Website. Except to the extent prohibited by applicable law, Company disclaims all implied warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing, performance, or trade usage. Company will not be held responsible for (i) any errors, inaccuracies, or service interruptions, including power outages or system failures; or (ii) any unauthorized access to, use of, or alteration of, or deletion, destruction, damage, or loss of, any data, images, text, or other information or content. Company may discontinue any aspect of the Website, or may change the nature, features, functions, scope, or operation of the Website at any time. 

We are not and will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control, including material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, government priorities, fire, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots, or war. Our time for delivery or performance will be extended by the period of such delay or we, at its option, may cancel any order or remaining part thereof without liability by giving notice to you by email. 

If the period of the suspension of the Company's performance of its obligations continues for more than fourteen (14) days, the customer or Company, by providing notice to the other, may cancel any order(s) affected by such a delay. In the case of such cancellation, the customer will be reimbursed by the Company as soon as possible by crediting the debit/credit card used for the relevant purchase.  

All disputes arising under these Terms of Sale, to the extent not prohibited by law, are resolved through final and binding arbitration on an individual basis and not as part of any class or representative action. Please carefully review the Agreement to Arbitrate at the end of these Terms.   

No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms of Sale are determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Terms of Sale, all of which will remain in full force and effect.  No rights, duties, agreements or obligations hereunder may be assigned or transferred by operation of law, merger or otherwise, without our prior written consent.  These Terms of Sale and the subject matter that they cover do not create any joint venture, partnership, employment, or agency relationship between us or our suppliers.   

In accordance with California Business and Professions Code Section 17538 et al., Company’s return and refund policy is available supra, the legal name under which Company conducts business is listed under the Seller paragraph supra, and Company’s business address is listed in the Contact Us Section. Within five (5) days of Company’s receipt of your request, California residents may receive verification of this information by email by contacting us at contact@ninaricci.com.  

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254.  Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.  Their website is located at: http://www.dca.ca.gov. 

Company (a) engages in verification of product supply chains to evaluate and address risks of human trafficking and slavery and if such is verified by a third-party; (b) conducts audits of suppliers to evaluate supplier compliance with company standards for trafficking and slavery in supply chains, and if such audits are independent and unannounced; (c) requires direct suppliers to certify that materials incorporated in the product comply with laws regarding slavery and human trafficking of the country or countries in which it is doing business; (d) maintains internal accountability standards and procedures for employees or contractors failing to meet company standards regarding slavery and trafficking; and (e) provides company employees and management, who have direct responsibility for supply chain management, training on human trafficking and slavery, particularly with respect to mitigating risks within supply chains of products. 

Last update: January 2026 

© PUIG FRANCE S.A.S. All rights reserved. 

READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE SUIT IN COURT. 

In the interest of resolving disputes between you and the Company in the most expedient and cost-effective manner, you and the Company agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. These Terms require you to arbitrate disputes, includes all claims arising out of or relating to any aspect of these Terms and the Products, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. 

Generally 

You and we (referred to individually in this Arbitration Agreement as “party” and collectively as “parties”) each agree that any and all controversies, disputes, allegations, or claims at law or equity that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of these Terms, the creation, production, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), use of or sale of any and all of our products, through all merchandising channels, including but not limited to, the internet, this website, our Mobile App, social media, telephone, catalog, radio, television, mobile device and participating retail stores, and use of our Website (“Dispute”), SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, rather than through other legal proceedings in court. Arbitration is more informal than a lawsuit filed in court. It uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts. You and the Company agree that we intend for this Arbitration Agreement to satisfy the writing requirement of the Federal Arbitration Act, 9 U.S.C. §1, et seq. 

Informal Dispute Resolution First  

You and we agree that, prior to initiating an arbitration or other legal proceeding, you and we will attempt to negotiate an informal resolution of the Dispute. To begin this process, and before initiating any arbitration or legal proceeding against us, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of our Legal Department at 65-67 Avenue des Champs Elysées 75008, Paris (France), or to contact@ninaricci.com. 

Your Notice to us must contain all of the following information: (1) your full name, address, and the email address and phone number associated with your use of the Website or any account or that you have otherwise used to transact with us; (2) a detailed description of the nature and basis of the Dispute; (3) a description of the relief you want, including any money damages you request; and (4) your signature verifying the accuracy of the Notice and, if you are represented by counsel, authorizing us to disclose information about you to your attorney. 

After receipt of your Notice, you and we shall engage in a good-faith effort to resolve the dispute for a period of 60 days, which both sides may extend by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither you nor we may initiate an arbitration or other legal proceeding. 

If the Dispute is not resolved during the Informal Dispute Resolution Period, you may initiate an individual arbitration as provided below. 

Dispute Resolution and Arbitration Procedures 

The assigned independent arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, any part thereof, including, but not limited to, any claim that all or any part of these Terms are void or voidable. 

Conducting Arbitration and Arbitration Rules. Unless you give us notice of opt-out within ten (10) business days of your purchase which is the subject of your Dispute, addressed to: 65-67 Avenue des Champs Elysées 75008, Paris (France), ATTN: Legal Department, or to contact@ninaricci.com, all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Arbitration Agreement, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in New York County, New York, before a single arbitrator in accordance with Article 75 of New York’s Civil Practice Law and Rules. If the matter in dispute is between us and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. If you are a consumer you have the right to an in-person hearing. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The parties may engage in the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in New York County, New York or, if sought by the Company, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the New York Supreme Court or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award. 

An arbitration demand filed with JAMS must include a certification signed by the filing party verifying compliance with the Initial Dispute Resolution requirements and other requirements set out in this Arbitration Agreement. 

If JAMS fails or declines to conduct the arbitration for any reason, you and we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint the arbitration administrator. 

Additional Procedures for Multiple Case Filings 

Multiple Case Filings. You and we agree that these “Additional Procedures for Multiple Case Filings” in this Section shall also apply if you or we are subject to twenty-five (25) or more individual arbitration demands of a substantially similar nature with the assistance of the same law firm, group of law firms, or organizations (“Multiple Case Filing”). For the avoidance of doubt, this includes where you choose to participate in a Multiple Case Filing against us; for example, where your counsel asserts your Dispute against us in a Multiple Case Filing. Please be aware that if you do so, the resolution of your Dispute might be delayed and ultimately proceed in court. You and we agree that as part of these procedures, the parties’ counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the arbitrator’s resources. The limitations period(s) applicable to each arbitration demand within a Multiple Case Filing, including any applicable statutes of limitations and the requirement to file within one (1) year, shall remain tolled from the time a party makes a pre-arbitration demand to the time when that party files the arbitration demand with the arbitration provider. 

STAGE ONE. If at least twenty-five (25) disputes are submitted as part of the Multiple Case Filing, you and we shall select sixteen (16) Disputes (eight (8) per side) to proceed as cases in individual arbitrations (“Bellwether Arbitrations”) as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50 disputes, all shall proceed individually in Stage One). While the Bellwether Arbitrations are adjudicated, no other demand for arbitration that is part of the Multiple Case Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration shall be due from either party to the arbitration provider. If, contrary to this provision, a party prematurely files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance. Following resolution of the Bellwether Arbitrations, the parties shall participate in a global mediation of all the remaining demands from the Multiple Case Filings, with a mediator jointly selected by counsel of the parties in an effort to resolve the remaining Disputes that are a part of the Multiple Case Filing. 

STAGE TWO. If the remaining Disputes from the Multiple Case Filings have not been resolved at the conclusion of Stage One, you and we shall select fifty (50) Disputes (twenty-five (25) per side) to proceed as cases in individual arbitrations as Bellwether Arbitrations as part of Stage Two. The number of Disputes to be selected to proceed as part of Stage Two can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually in Stage Two). The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes from the Multiple Case Filing with a retired mediator jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two). Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Multiple Case Filings, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Additional Procedures for Multiple Case Filings provision and each of its requirements are essential parts of this Arbitration Agreement. If, after exhaustion of all appeals, either an arbitrator or a court of competent jurisdiction decides that the Additional Procedures for Multiple Case Filings apply to your dispute and are not enforceable, then, notwithstanding the severability clause above, your dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms. 

Timing of Bellwether Arbitrations. The parties shall work in good faith with the arbitrator to complete each Bellwether Arbitration (in each respective stage, i.e., Stage One, Stage Two, and, if agreed, subsequent stages) within one hundred and twenty (120) calendar days of its initial pre-hearing conference. The parties agree that the Bellwether Arbitration process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Multiple Case Filings, including the claims of individuals who are not selected for a Bellwether Arbitration. 

Costs of Arbitration  

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. For claims under $10,000, we will reimburse you for all arbitration fees, including the initial filing fee, if you are deemed the prevailing party by the arbitrator. For the global mediations to resolve Multiple Case Filings (if any) that take place according to this Section, we will pay the mediator’s fee. 

Exceptions to Arbitration  

This Arbitration Agreement shall not require arbitration of the following types of claims brought by either you or we: (i) small claims court actions, if the requirements of the court are met and the claims are only on an individual basis; and (ii) claims pertaining to intellectual property rights, including trademarks, trade dress, domain names, trade secrets, copyrights and patents. 

Class Action and Jury Trial Waiver  

As permitted by applicable law, both you and we agree to waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Arbitration Agreement is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration. 

As permitted by applicable law, you hereby waive your right to a jury trial with respect to all claims and issues arising under, in connection with, touching upon or relating to these Terms, the breach thereof and/or the scope of the provisions of this Section.