GENERAL TERMS AND CONDITIONS OF SALE
us.shop-orchestra.com

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1 - General / Overview

The following general terms and conditions of sale and membership (the “General Terms and Conditions”) shall apply as of March 1, 2017, exclusively to the business relationship between Orchestra Premaman USA, Inc., a Delaware corporation, with an address at 230 South Broad Street, 17th Floor, Philadelphia, PA 19102 (“Orchestra”), its internet platform and online store us.shop.orchestra.com hosted by Demandware Inc., located at 5 Wall Street, Burlington, MA 01803 (the “Orchestra Website”) and the registered members of the “Orchestra Club” (the “Members”) and its users (the “Users”). By using or registering on the Orchestra Website, the Member and/or user accept the following General Terms and Conditions, as well as the manner in which Orchestra and its “Orchestra Club” operate as described on the Orchestra Website at us.shop.orchestra.com. Variations or alterations in the following Terms and Conditions shall only be binding upon Orchestra if agreed to in writing. Orchestra may amend and revise the General Terms and Conditions at any time and without notice.

Any special promotions run by Orchestra shall only be valid if they are announced on the Orchestra Website or in its corresponding email newsletter. Certain promotions may only be valid for a limited time, and details of any such timings will be announced on the Orchestra Website or in a newsletter. Once the advertised time limit of any such promotion has been reached, the promotion is also finished.

Any other written materials (for instance, ‘Help’ articles) posted on the Orchestra Website are provided solely as suggestions and are not intended to be relied upon. Orchestra is not liable or responsible for any actions taken due to a user or other person having read or been told about such advice or other written materials.

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2 - Eligibility to Participate / Registration with the “Orchestra Club” / Disqualification

By registering as a Member on the “Orchestra Club” on the Orchestra Website and benefit from Orchestra Club prices on a personal and non-professional basis in the participating stores, the Users declare that they are natural persons, legally capable of entering into binding contracts and that they are at least 18 years old. The Members or the Users shall not purchase products at Orchestra Club prices or purchase products on the Orchestra Website with an intent to resell them.

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3 - Membership

  • 3.1

    Users who become members of the Orchestra Club or Users who visit or place an order on the Orchestra Website agree that they have read and accepted these General Terms and Conditions without any reservation. The applicable General Terms and Conditions shall be those in force at the time of purchase of products at Orchestra Club prices by the Member or User. Thus, Orchestra reserves the right to modify them at any time. The applicable General Terms and Conditions in force can be viewed in participating Orchestra stores and on the Orchestra Website at us.shop.orchestra.com.

  • 3.2

    Orchestra Club membership is available in participating Orchestra stores in the United States, France, Luxembourg, Belgium, Italy, Spain, Switzerland, Greece, Morocco, Canada, Mauritius, Reunion Island, Germany, and Saudi Arabia or on the Orchestra Website. The list of participating stores, which is subject to change, can be found on the Orchestra Website.

    Membership in the Orchestra Club is also available on the Orchestra Website upon purchase of a Club Card and at least one item.

  • 3.3

    Membership in the Orchestra Club gives immediate access to a “Club Card” membership card for a fee of $10, valid for one year from the date of purchase. The annual membership fee for the Orchestra Club in the United States is $10.

    The Club Card must include the Member’s first and last name, a clear photograph providing valid identification of the Member, a date of issue (or expiration), and a unique identification number. In the event of non-compliance with these conditions, the store shall be forced to refuse to apply Orchestra Club prices.

  • 3.4

    Potential members of the Orchestra Club are under no further purchase obligation beyond the membership fee when the “Club Card” is purchased at participating stores, but the “Club Card” must be purchased in conjunction with at least one item when purchasing online at the Orchestra Website. There is no other minimum purchase quantity applicable in stores. The maximum purchase amount on the Orchestra Website is $1,000.

  • 3.5

    If the Orchestra Club membership has been purchased in a store, new Members have a period of seven (7) days to get their membership reimbursed (except in the case of a membership gifted by a third party), and this shall be valid only in the store which the sale has been made and the membership issued. Members will have the choice of getting the entire amount spent for the purchase of items at Orchestra Club prices reimbursed within this 7-day period (for all items, whether purchased in Orchestra stores or on the Orchestra Website), or should they want to keep the items, customers will have to pay the price difference between the Club price and the store price for all the items purchased. Customers can receive a refund by going to the store with the purchased items, submitting the corresponding receipts or order invoices of the orders placed on the Orchestra Website, and showing their Club Card. The participating store will be able to verify all the receipts and order invoices at checkout and ensure all the items have been returned by the customer.

    If the Orchestra Club membership has been subscribed to on the Orchestra Website, new Members have up to thirty (30) days to get their membership reimbursed upon request made to Customer Service. Members will have the choice of getting the entire amount spent for the purchase of items at Club prices reimbursed within this 30-day period (for all items, whether purchased in participating Orchestra stores or on the Orchestra Website). Customers cannot retain the items but can pay the price difference between the Club price and original price if they would like to keep their items. Customers are also free to place their orders again on the Orchestra Website or make their purchases in a participating store at store prices. To ensure all items have been returned, Customer Service can check in their system to confirm all the receipts and online order invoices. To exercise this right, he/she must contact the Orchestra Customer Service via the “Contact us” section . Once Orchestra receives the request and confirmed that all items purchased and the physical Club Card have been returned, the User will be reimbursed as soon as possible and within a maximum period of thirty (30) days.

    Upon the expiration of these withdrawal periods, membership in the Orchestra Club is final until its expiration.

  • 3.6

    The Members must provide a valid e-mail address and cellular telephone phone number at the time of membership subscription. Orchestra will not be held responsible for non-receipt of electronic communications (e-mails and SMS) to Members. The Club Card is neither a payment card nor a credit card. It is strictly personal and non-transferable.

    However, the Club Card may be used by the spouse or common-law partner of the principal cardholder to benefit from Club prices. For this purpose, the surname and first name of the spouse or common-law partner must also appear on the Club Card. For all purchases made in-store using a credit or debit card in conjunction with the Club Card, the surname and first name on the payment card must be that of the cardholder or of the spouse that appears on the Club Card.

  • 3.7

    The Club Card is valid for one year from its date of issue, as recorded in Orchestra’s computer system and shall not be renewed automatically at the end of this period. The Member may choose to continue or discontinue his membership for additional term(s).

  • 3.8

    Orchestra Club membership can be gifted to a third party by paying a membership fee of $10 inclusive of tax for one (1) year. This is only available in stores and gift memberships cannot be purchased on the Orchestra Website. Gifted memberships are valid for one (1) year from the date of issue. Gift memberships can be activated in stores upon presentation of the gift package including the original receipt of the membership payment and the plastic card by the beneficiary. The membership will be approved as per the conditions set forth in these General Terms and Conditions. The $10 value of gifted memberships is not refundable, exchangeable, or redeemable. Gifted memberships have to be activated within a maximum period of six (6) months, before cancellation. In the event that the beneficiary of the gift membership already holds a valid Club Card, the beneficiary must get in touch with Customer Service via the “Contact us” section .

  • 3.9

    Should the Member be incapacitated to go to the store for medical reasons, the Member may request a waiver from Orchestra upon presentation of a medical certificate so that a third party can use his Club Card on his behalf. The waiver will be granted to only one person, for a limited period corresponding as stated in the medical certificate and not exceeding the period of validity of the Club Card. This waiver shall be valid in only one store and on presentation by the third party of the required supporting documents, namely: his identity documentation, the Member’s Club Card, the original medical certificate, and the original waiver letter countersigned by Orchestra.

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4 - Orchestra Club Privileges

  • 4.1

    Orchestra Club membership gives the Member the opportunity to make purchases at Club Prices for products on sale in participating Orchestra stores in the United States, France, Luxembourg, Belgium, Spain, Italy, Switzerland, Greece, Turkey, Cyprus, Morocco, Canada, Germany, Saudi Arabia, Reunion Island, Mauritius, Martinique and Russia. Online orders placed on the Orchestra Website on Orchestra brand’s kid’' collections are only possible for Club Cards issued in the United States.

  • 4.2

    The Club price refers to the store price of the product minus a twenty-five percent (25%) discount on children’s apparel (“Club Price”). The Club Card also offers other discounted prices, which vary, on a selection of other brands marketed in stores or on the Orchestra Website.

  • 4.3

    Members can benefit from Club Prices upon presentation of their Club Card at the checkout and after verification of the matching between the person presenting the Club Card and the photograph on the Club Card.

  • 4.4

    There is no Club Price on the sale of gift cards, club memberships offered to third parties, or any other Orchestra services. The Club Price is not valid for sales, batch offers, or any other sales promotions offered at Orchestra stores or the Orchestra Website.

  • 4.5

    There is no Club Price on the sale of gift cards, club memberships offered to third parties, or any other Orchestra services. The Club Price is not valid for sales, batch offers, or any other sales promotions offered at Orchestra stores or the Orchestra Website.

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5 - Exchanges, Returns, Refund and Credit

  • 5.1

    Products purchased can be exchanged in all participating Orchestra stores in the United States for forty-five (45) days from the date of purchase. Orchestra exchanges all unwashed, unworn products upon verification of the receipt or order confirmation e-mail on the Orchestra Website, the date of purchase, reference, the product, and the Club Card number.

    - Exchange of products purchased on the Orchestra Website :
    The exchange of products ordered on the Orchestra Website is not possible by package return to Orchestra’s warehouse, but the exchange is possible as per the conditions stated below, by going to a participating store.

    - Exchange in an Orchestra store :
    If the product was purchased in a participating Orchestra store or online on the Orchestra Website at Club Prices, the exchange will be done based on the product’s Club Price. If the item is no longer available, the exchange will be made based on the amount paid at Club Prices.

    In the event that a Member of the Orchestra Club gifts a product to a customer who is a member of the Orchestra Club, the exchange will be made based on the Club Price of the product, after the routine verifications.

    • If the product to be exchanged is of a lower amount, the exchange will be made based on the Club Price and the store will issue a credit for the price difference in favor of the beneficiary.

    • If the product to be exchanged is of an equivalent amount the exchange is done item-for-item.

    • If the product to be exchanged is of a higher amount, the beneficiary will pay the difference based on the Club Price.

    In the event that a Member of the Orchestra Club gifts a product to a customer who is not a member of the Club, after routine verifications, the exchange will be made based on the Club Price in the event of an exchange for a lower amount, and based on the store price for an equal or higher amount.

    • In the event that a Member of the Orchestra Club gifts a product to a customer who is not a member of the Club, after routine verifications, the exchange will be made based on the Club Price in the event of an exchange for a lower amount, and based on the store price for an equal or higher amount.

    • If the product to be exchanged is of an equivalent amount the exchange is done item-by-item.

    • If the product to be exchanged is of a higher amount, the beneficiary will pay the difference on the basis of the Store price.
  • 5.2

    The refund and return of product(s) purchased shall be made within forty-five (45) days of purchase, upon presentation of the receipt or order confirmation e-mail on the Orchestra Website, after the routine verifications. If the forty-five (45) days period ends on a public holiday, the User or Member may exercise his/her right of return on the next business day. The refund shall match the purchased price of the purchased product(s).

    Refunds will be made as per the method of payment used:
    • All purchases paid in cash will be refunded in cash
    • All purchases paid by credit card will be refunded to the credit card (these are either Visa, Mastercard, or American Express).
    • All purchases paid by using Paypal will be refunded to the original paying Paypal account.
    • In the case of payments by Orchestra gift cards, the refund will be made only through credit on the original gift card, or in some cases on a new e-gift card that will be e-mailed to the given e-mail address of the User or Member. Please do not discard your gift card used for payment until reception of your order and having checked its content.

    In the event a Member of the Orchestra Club gifts a product to a customer who is not a member of the Club, after the routine verifications, the refund and the credit will be made based on the Club Price of the product.
    Orchestra will offer an in-store exchange or credit only on presentation of a gift receipt (receipt without price).

    To have a product refunded, the User or Member can either :
    • return the product in a participating Orchestra store, indicating the reason for the return, and presenting the e-mail confirmation of the order as well as the Club Card if the User is a Member. The User or Member has forty-five (45) calendar days, as attested by the date on the postmark, from the date of receipt of his/her order to return the product.
    • go to the Orchestra Website, under the heading “My account”, “My orders”, and then “Make a return”. The User or Member will then select the item to be returned and indicate the reason for return. The User or Member will then have to download and print the return slip and attach it to the package. The User or Member has forty-five (45) calendar days, as attested by the date on the postmark, from the date of receipt of his/her order to return, at his/her own expense, the properly packaged new product. After the expiration of this delay, Orchestra reserves the right to refuse any returned packages. The package must be sent to the following address: 230 South Broad Street, 17th Floor, Philadelphia, PA 19102.
    • mail us back the product in all of it’s original packaging, by sticking the prepaid return label included in the original shipment onto the return parcel of the User or Member’s choice, and dropping it off at the nearest UPS location.
      The User or Member will have to indicate the reason for return, by including in the return parcel either a self-written explanatory note or by filling out the multiple-choice box at the bottom on the Return Policy document that was in the original shipment.
      If the reason for return is a change of mind, the product must be complete, undamaged, unstained, unwashed and unworn – otherwise it cannot be refunded.
      Once we receive your return shipment, we will refund you the purchased price of the product, after a return shipping and handling cost of $6 has been deducted.


    • Costs for returning items by mail are the responsibility of the User or Member except in the following cases, in which case the User or Member will be reimbursed for the return costs:
      • If the product shipped is defective at the origin.
      • If the product returned is a product that was not ordered, due to a preparation error.

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6 - Changes in Cardholder’s Contact Details

The Member shall notify Orchestra of any change in his contact details by logging onto the Orchestra Website or by contacting Orchestra Customer Service. In the event that the contact details are incorrect or no longer valid, Orchestra will no longer be able to send any communications pertaining to the program if the Member has not provided Orchestra with his new contact details within thirty (30) days, and shall not be held responsible by the Member.

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7 - Loss or Theft of the Club Card

In case of loss of the Club Card, the Orchestra store will search the Orchestra database to identify the Orchestra membership. If the Member is part of the Orchestra database, after verification of his identity (mandatory presentation of an official identification document), the store will issue the Member a new Club Card for $1. The old Club Card number will be deactivated but the validity date of the Club Card will not be changed.

In case of theft of the Club Card, the Orchestra store will search the Orchestra database to identify the Orchestra membership. If the Member is part of this database, after verification of his identity (mandatory presentation of the declaration of theft / police complaint), the Orchestra store will give the Member a new Club Card for $1.

In the event the Member cannot be found in the Orchestra database, the Member will have to repay the Club membership fee of $10 with a validity date on the day of the issue of the new Club Card. A new Club Card will be made and issued to him.

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8 - Fraud and Misuse

The following will be considered as fraud or attempted fraud:
  • Presentation of a Club Card not containing a photograph of the Member
  • A mode of payment associated with the Club Card that is not in the name of the Club Card-holder
  • Lending or sharing of the Club Card, group purchase, and purchase on behalf of others through the Club Card.

Orchestra reserves the right to immediately cancel Orchestra Club membership and its benefits in the event of fraud or attempted fraud by the Member in stores or in case of inappropriate use without any compensation.

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9 - Products

The products that are offered for sale on the Orchestra Website us.shop-orchestra.com are within the limit of available stock. In the event of a stock shortage after the order is placed or if the product cannot be delivered, Orchestra will inform the Member or User as soon as possible by e-mail. The User or Member may then cancel the order and be refunded the price of the product within thirty (30) days of the cancellation of the order. Certain products, known as “limited series”, are offered in limited quantities and will not be restocked. These provisions do not, however, deprive the User or Member of his/her right of withdrawal. Orchestra informs the User or Member of all the essential features of the products sold. These features appear in the image illustrating the offer and pertain to the size, color, material, care, and shape. Users and Members acknowledge that they have reviewed these features carefully.

At the time of delivery, the selected item will come with all its detailed descriptive material and care instructions. Users and Members acknowledge that the image representing the product that appears on the Orchestra Website is for indicative purposes only. Alterations may occur due to image processing.

  • Conditions and Purchase of Gift Cards Non-reloadable gift cards are valid in all Orchestra stores in the network.

    You can buy or spend Orchestra gift cards in every Orchestra store across the United-States, France (Martinique and Réunion Island included), Belgium, Switzerland, Spain, Luxembourg, Greece, Cyprus, Italy, Germany, if they do sell our gift cards.

    Gift cards can be credited with the amount of the User or Member’s choice between $15 $10 and $150 $2000, and cannot after be topped up with additional value. They are valid for 12 months 5 years from the date of purchase and cannot be used to purchase another gift card. Any remaining value on a gift card will be removed after 5 years from the date of purchase. Gift cards sold in Switzerland do not have an expiration date. They can be used on one or more occasions within the limit of the available balance. Gift cards cannot be stopped if lost or stolen. Any damaged cards will be refused. Gift card balances are available in the currency of the country where the card was issued.

    Gift cards cannot be exchanged or refunded, even partially for any reason whatsoever (including in the cases of theft, loss, wear or expiration), except in the cases of returns and missing items in a shipped order where full or part of the payment was done using a gift card, in which cases the refunds will be made as follows :
    • In the case of a refund due to a return, a new e-gift card credited with the due value will be e-mailed to the given e-mail address of the User or Member.
    • In the case of a refund due to a missing item in the shipping parcel, the original gift card used for the payment will be credited the value of the missing item – for this reason, please do not discard your gift card used for payment until reception of your order and having checked its content.

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10 - Price

The prices of products offered for sale are set forth in US dollars, excluding taxes and shipping fees. Shipping fees will be paid by the User and will be indicated at the time of purchase.

Prices and promotions (e.g., promotion codes or free shipping) offered on the Orchestra Website may not always apply in stores, and store prices and promotions (e.g., coupons or additional discounts) may not always apply on the Orchestra Website, unless otherwise stated.

Orchestra reserves the right to modify its prices at any time. However, products will be invoiced based on the prices in force at the time of purchase.

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11 - Payment

  • 11.1

    Members and Users can pay for their order as follows:

    • By credit/debit card: Debit, Visa, American Express, Mastercard. The Member’s or User’s account will be charged when placing the order. In case of products that are sold out or unavailable, the amount of these products will be automatically refunded via the method of payment used during the confirmation of the order.
    • With a PayPal account: When choosing to pay with PayPal, the Member or User will automatically be directed to his/her PayPal account.
    • With an Orchestra gift card.
    In any event, Orchestra reserves the right to refuse any order or delivery in case of:
    • in many event, Orchestra reserves the right to refuse any order or delivery in case of:
    • partial or total non-payment of a previous order by the User or Member
    • refusal of authorization of payment by credit card on behalf of banking organizations
  • 11.2

    For the security of its transactions, Orchestra collaborates with Ingenico, a PCI DSS certified payment service provider for online stores. This service provider uses the SSL encryption method. Bank details are encrypted and then transmitted in a secure way to authorization servers where data is checked in order to limit abuse and fraud. This confidential data is never transmitted to Orchestra. The User or Member shall notify his/her bank or institution issuing the card of any fraudulent transaction.

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12 - Orders

  • 12.1

    Prior identification. The User or Member may place an order on the Orchestra Website. Only Club Cards issued in the United States can be used to place an order on the Orchestra Website us.shop.orchestra.com .

  • 12.2

    Placing and confirming orders. Once the shopping basket has been confirmed, the User or Member will have to choose the address and shipping method and confirm his/her method of payment. This last step will formalize the sales transaction with Orchestra. All orders processed shall constitute acceptance of the prices and descriptions of the products available for sale. Orchestra will acknowledge receipt of the order as soon as it is confirmed by sending an e-mail to the User or Member in which he/she will find a link to these General Terms and Conditions.

    In some cases, such as default of payment, incorrect address, or any other problem related to his/her account, Orchestra reserves the right to place the Member’s or User’s order on hold until the problem is resolved.

    In case of unavailability of a product ordered, the User or Member will be informed by e-mail. The order of this product will be cancelled and refunded. The rest of the order will be considered as final.

    Orchestra reserves the right to refuse any order placed by a User or Member in the event of unpaid invoices or insolvency and to possibly terminate his/her User’s or Member’s account on the Orchestra Website.

  • 12.3 Shipping and Delivery

    The processing times listed below are indicative and not guaranteed during certain busy periods, such as clearance sales or holiday season rush.

    • “Free shipping to Orchestra stores.”
      - “Free shipping to Orchestra stores.” The package will be delivered to the Orchestra store of the User’s or Member’s choice, from a list of participating Orchestra stores displayed at the time of the order. The User or Member will be notified by e-mail upon receipt of the package in store, within two (2) to seven (7) working days from the date of shipment from our warehouse.

    • Delivery delays
      In case of delay of more than seven (7) working days after the maximum delivery date indicated at the time of the order, and except in the case of acts of God, the User or Member may cancel his/her order by contacting the customer service department or via our contact form from the “Contact us” section on the Orchestra Website. In this case, the User or Member will be reimbursed as soon as possible and at the latest within fourteen (14) days.

    • Checking delivery
      The User or Member is required to check the condition and content of the package he/she receives and verify that it conforms to his/her order. If the package is damaged or has signs of having been opened, the User or Member must note any damage or errors or even refuse the package. Complaints or refusals must be addressed to Orchestra’s Customer Service Department at the following address: Orchestra Premaman USA Inc. , 230 South Broad Street, 17th Floor, Philadelphia, PA 19102.

    • Free Shipping for Online Purchases
      For all orders on the Orchestra Website $50 or more, standard shipping will be free of charge, for Club Orchestra Members and non-Club Orchestra members.
    • This promotion is valid for Orchestra Website orders of $50 or more in the same order, for Club Orchestra Members and non-Club Orchestra members. Qualifying amount applies to merchandise shipped via standard shipping to U.S. domestic ground locations, including Alaska and Hawaii. The promotion excludes gift cards, applicable taxes, and shipping and handling charges. The value of the offer is not redeemable for cash or equivalent. Not valid on prior purchases. Offer cannot be modified or combined with any other offer and is subject to change without notice.

    • All Rush+ delivery orders placed before 12PM EST daily will ship the same business day upon credit card approval and product availability. Orchestra is not responsible for delivery delays due to severe weather, natural disasters, or strikes. Shipping is subject to change due to holiday schedules; some of our carriers may experience delays during the holiday season.
      Premium Shipping and Express Delivery Service NOT Available for PO BOX Delivery Service. Please use a physical / street address.
  • 12.4

    Availability of In-Store Internet Orders. The User or Member has a period of two (2) weeks, starting from the availability of his order in-store to collect his/her purchase. Past this period, the order shall be considered as definitively abandoned and shall be returned to the head office.

  • 12.5

    . In the event of a purchased item in-store or on the Orchestra Website which presents a clear sign of a defect, the User or Member has forty-five (45) days, starting from the date of the purchase to obtain his refund or his exchange, subject to availability of available stocks. Past this period of forty-five (45) days from the date of purchase, the User or Member has the possibility to return the item in question to the following address: 230 South Broad Street, 17th Floor, Philadelphia, PA 19102.

    The item will then be submitted to the expertise of the Quality Service, which will judge the merits of the request. If the answer is positive, the User or Member will be compensated in the form of a gift voucher, including the shipping costs incurred for the return of the item, subjected to providing proper documentation.

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13 - Disclaimer of Warranties and Limitation of Liability

MEMBER OR USER HEREBY WAIVES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF ORCHESTRA. MEMBER OR USER ACKNOWLEDGES BY HIS/HER USE OF ORCHESTRA’S PRODUCTS THAT MEMBER’S OR USER’S USE OF THE PRODUCTS AND ANY RELIANCE UPON THEM IS AT MEMBER’S OR USER’S SOLE RISK. ORCHESTRA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO ORCHESTRA. THE WARRANTIES SET FORTH HEREIN GIVE MEMBER OR USER SPECIFIC LEGAL RIGHTS AND MEMBER OR USER MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IF AN ITEM HAS BEEN PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S.C. § 2301, ANY IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY. MEMBER OR USER ASSUMES ALL RISK FOR MISUSE OF THE PRODUCTS.

ORCHESTRA HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND MEMBER OR USER HEREBY ACKNOWLEDGES THE UNDERSTANDING, THAT ORCHESTRA WILL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY THE MEMBER OR USER OR ANY OTHER PERSON FOLLOWING DELIVERY BY ORCHESTRA. IN NO EVENT WILL ORCHESTRA BE RESPONSIBLE OR LIABLE TO ANY PERSON FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY TO A PERSON IN THE CASE OF PRODUCTS PURCHASED FOR CONSUMER USE AS DEFINED BY 15 US C. § 2301. MEMBER OR USER AGREES NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST ORCHESTRA ARISING OUT OF MEMBER’S OR USER’S PURCHASE OR USE OF PRODUCTS.

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14 - Intellectual Property

The Orchestra Website is owned and operated by Orchestra. Unless otherwise noted, Orchestra owns the copyright with respect to all content on the Orchestra Website. Any reproduction, representation, modification, adaptation, or use of any of the elements of the Orchestra Website constitutes an infringement that could incur civil and criminal liability of its author. Additionally, the Orchestra Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

Nothing contained in the Orchestra Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Orchestra Website or any information displayed in the Orchestra Website, through the use of framing or otherwise, except: (i) as expressly permitted by these General Terms and Conditions; or (ii) with the prior written permission of Orchestra or the prior written permission from such third party that may own the trademark or copyright of information displayed in the Orchestra Website.

The Member or User who has a personal Internet website and who wishes to place, for a personal use, on his website, a simple link directly to the home page of the Orchestra Website, must ask for authorization from Orchestra. In addition, any hypertext link to the Orchestra Website and using in particular, framing, deep‐linking, in‐line linking, or any other techniques of deep link is strictly prohibited. Furthermore, any link referring to all or part of the Orchestra Website, even considered tacitly authorised, must be removed on a simple request by Orchestra.

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15 - Governing Law

These General Terms and Conditions are governed by the laws of the State of Pennsylvania, without giving effect to its conflict of laws provisions. The Member or User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the state and federal courts located in Pennsylvania, for any action, suit or proceeding arising out of or relating to these General Terms and Conditions or its use of the Orchestra Website, including related services or products.

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16 - Miscellaneous

If any provision of these General Terms and Conditions is found by a court of competent jurisdiction to be invalid, then User or Member agrees that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these General Terms and Conditions will remain in full force and effect.

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17 - Cookies & Privacy Policy

Orchestra recognizes the importance of your privacy and wants you to know about our privacy policy governing your visit of the Orchestra Website and other Orchestra websites. This privacy policy describes all information that may be collected by Orchestra through the special services provided on its websites. Furthermore, this privacy policy also describes Orchestra’s use of that information and informs you on how to opt out of certain uses of information. For our full Privacy Policy please click here.