UFFIZIMODA Terms and ConditionsLast Update: [6/16/2014]PLEASE READ THESE TERMS AND CONDITIONS (THESE “TERMS AND CONDITIONS”) CAREFULLY BEFORE USING THIS SITE. YOUR USE OF ANY PART OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THIS POLICY, DO NOT USE THE SITE. _
TERMS AND CONDITIONS
This website and the products and services of DC Moda Inc. (“UFFIZIMODA”) available via this website (the “Site”) are provided subject to the terms set forth herein. By visiting the Site, you agree to be bound by these Terms and Conditions.
UFFIZIMODA reserves the right to make changes at any time to the Site or these Terms and Conditions. Any modifications to these Terms and Conditions will be effective upon posting. Your continued use of the Site following posting of any revised Terms and Conditions will constitute acceptance of the modified Terms and Conditions.
YOUR USE OF THIS SITE
Permitted Use and RestrictionsThe Site includes information regarding UFFIZIMODA, its products and services, photos, product descriptions, pricing information and other information and materials proprietary to UFFIZIMODA and/or its licensors or service providers.
You agree to access the Site through a web browser, and specifically agree not to use any third party applications to access the Site or any page of the Site. You further agree that you will not use any robot, spider or other automatic device, manual process or application, or data mining or extraction tool to access, monitor, copy or use the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials). You additionally agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site.
You agree you will not interfere, in any way, with others’ use of or access to the Site and will not attempt to gain unauthorized access to the computer systems of UFFIZIMODA or of any other Site user. You further agree not to take any other action in connection with your use of the Site which violates any treaty, law or regulation and to fully comply with all applicable treaties, laws and regulations in your use of the Site.
Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way, the Site or any portion thereof or any information or content on the Site, including any photos or product descriptions, without the prior written permission of UFFIZIMODA.
UFFIZIMODA reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site, including without limitation any content thereof. UFFIZIMODA’S decision not to pursue legal action for any violation of these Terms and Conditions shall not be construed as a waiver of any of these Terms and Conditions or the legal rights of UFFIZIMODA or its licensors or service providers.
Your User Content. You shall be solely responsible for the User Content you post and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You may not post or transmit in connection with this Site any User Content that:
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is abusive, vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this Site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, malicious, threatening or offensive;
- violates any treaty, law or regulation or may be considered by us in our sole discretion to violate any treaty, law or regulation;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity;
- disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
- contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
User Content License Grant. You hereby grant us, our successors and affiliates, and our service providers, a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit all User Content you communicate through this Site, and to incorporate any User Content in other works in any form, media, or technology now known or later developed. We may use any User Content in our business (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in our future business operations.
In addition, you also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under these Terms and Conditions.
Third Party User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of User Content. UFFIZIMODA does not necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions, or statements of third parties as may be displayed on or transmitted via the Site. Any information or materials placed on the Site by our users are the views and responsibility of those who post the statements, and do not necessarily represent the views of UFFIZIMODA.
Testimonials. Your User Content may include testimonials relating to your personal experiences with UFFIZIMODA, its products or this Site (a "Testimonial"). You agree that we are under no obligation to use your Testimonial. By submitting a Testimonial (i) you hereby represent and warrant that such Testimonial reflects your own personal experiences, is accurate in all respects, and that, unless fully and properly disclosed, you have not received compensation or other consideration therefor, consistent with the requirements of the FTC Endorsement Guides and (ii) you hereby consent, without further consideration, to the use of your likeness, voice, name and/or any statements made in such Testimonial in the dramatization, publication, display, copying, reproduction, performance and/or distribution, throughout the world, by or on our behalf of any image or photograph you submitted in a Testimonial in connection with the creation of marketing/sales print advertising, or website content including, without limitation, this Site, or an audiovisual work to be used by us or a third party authorized by us, either as a complete unit or in segments or in any derivative form, in any way we deem appropriate and for any purpose whatsoever in any medium including, without limitation, the Internet. You agree that we may use third parties to vocalize or act out a Testimonial or to create our own Testimonial based on adaptations or compendiums of your and others’ Testimonials. You waive any rights of privacy and publicity, moral or other rights you may have in any such Testimonial.
Notice and Procedure for Making Claims of Intellectual Property InfringementUFFIZIMODA respects the intellectual property rights of others. If you believe that any content on this Site may infringe your copyrights or other intellectual property rights, please provide UFFIZIMODA the written information specified below. Please note that this procedure is exclusively for notifying UFFIZIMODA that your intellectual property rights have been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
- A description of the intellectual property right that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner's behalf.
UFFIZIMODA’S agent for notice of claims of copyright infringement or other intellectual property infringement can be reached as follows:
DMCA Notice UFFIZIMODA c/o Sherry Jetter Katten Muchin Rosenman LLP 575 Madison Avenue New York, NY 10022-2585 Phone: (212) 940-8800 Email: email@example.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. Please note that this procedure is exclusively for notifying us and our affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the Digital Millennium Copyright Act (“DMCA”), including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
Disclaimer of Warranties; Limitation of LiabilityYOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, OR ANY INFORMATION, CONTENT, PRODUCTS, SERVICES AND/OR MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER UFFIZIMODA NOR ITS LICENSORS OR SERVICE PROVIDERS MAKES ANY, AND EACH HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE SITE, OR ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES ON OR ACCESSED VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, UFFIZIMODA DOES NOT REPRESENT OR WARRANT THAT ANY OF THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND UFFIZIMODA IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. FURTHER, UFFIZIMODA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL UFFIZIMODA OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF UFFIZIMODA, OR ITS SERVICE PROVIDERS OR ITS LICENSORS (COLLECTIVELY, THE “UFFIZIMODA PARTIES”), IN CONNECTION WITH THIS SITE, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU PURCHASE ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS SITE.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
IndemnificationYou agree to indemnify and hold the UFFIZIMODA Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs, including any incurred in enforcement of this provision) incurred by any of the UFFIZIMODAParties arising from or in connection with (i) your use of the Site or any content, information or services contained, displayed or available therein; (ii) your violation of these Terms and Conditions; (iii) any User Content (as defined above) provided by you to UFFIZIMODA; or (iv) your violation of any rights of any third party. Trademarks, Copyrights and Other Proprietary RightsThe design and all content of the Site, including, but not limited to, works of authorship, software, design, text, graphics, images, photos, sound recordings, product descriptions, pricing information, drawings, logos, button icons, videos and data compilations; any improvements or modifications to such content; any derivative works based on the foregoing; and the collection, arrangement and assembly of all content of the Site, are the property of UFFIZIMODA, or its licensors or service providers, and are protected by United States and international copyright and other intellectual property laws. Nothing in these Terms and Conditions shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of UFFIZIMODA or any other person, and you may not modify the information or materials located on this Site in any way or reproduce, copy, download, stream or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose.
UFFIZIMODA, UFFIZIMODA’S logo, and other marks displayed on the Site are the proprietary trademarks or service marks of UFFIZIMODA or third parties. UFFIZIMODA’S marks may not be used in connection with any product or service that is not UFFIZIMODA’S, in any manner that is likely to cause confusion among consumers, or to disparage or discredit UFFIZIMODA. All trademarks and service marks not owned by UFFIZIMODA that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by UFFIZIMODA. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the owner thereof.
A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Waiver of Class Action ClaimsThe parties agree that they will resolve their Disputes on an individual basis, and that any claims brought under this agreement or in connection with the Site must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The parties further agree that they shall not participate in any class action (existing or future) brought by any third party arising under this agreement or in connection with the Site. MiscellaneousYou may not assign or otherwise transfer these Terms and Conditions or any rights or obligations hereunder. UFFIZIMODA'S failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless UFFIZIMODA agrees to such waiver in writing.
If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms and Conditions set forth the entire understanding between you and UFFIZIMODA with respect to the subject matter hereof and supersede any and all prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and UFFIZIMODAwith respect to such subject matter.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter hereof.
You acknowledge that, in using this Site and purchasing products, you are not relying on any statement, representation, assurance or warranty other than as expressly set out in these Terms and Conditions.
ContactIf you have any questions relating to these Terms and Conditions, the Site or Uffizi Moda, please contact: firstname.lastname@example.org. MAKING PURCHASES THROUGH THIS SITE
This portion of these Terms and Conditions sets forth the terms and conditions under which we supply the products ("Products") listed on the Site to you. Please read the following carefully before ordering any Products from our Site. You should understand that by ordering any of our Products, you agree to be bound by these Terms and Conditions. You should print a copy of these terms and conditions for future reference.
1. Making Purchases; How the Contract is Formed Between You and UsYou can choose Products and collect them in a shopping cart by using the button "Add to Bag." If, after fully completing the order page, you click on the button "Checkout" you make an offer to buy the Products in the shopping cart. All information that you provide in connection with a purchase of a Product must be accurate, complete, and current.
By placing an order through the Site, you warrant that you are:
- legally capable of entering into binding contracts;
- at least 18 years old; and
- providing a valid address for delivery of the Products.
Prior to completing your order, you can access a summary page which allows you to see and change the selected Products and other information relating to your order. After completing an order, you will receive an e-mail acknowledging that we have received your order and including an order reference. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. We only confirm such acceptance to you by sending you an e-mail that confirms that the Product has been shipped (the "Shipment Confirmation"). A contract for the purchase and sale of Products between us will only be formed when we send you the Shipment Confirmation. We may require verification of information prior to the acceptance and/or shipment of any order. We reserve the right, without prior notice, to limit the order quantity on any Product and/or to refuse service to any customer. We will also normally contact you if we are not accepting your order or part of your order for any reason.
2. Obtaining an AccountIn order to facilitate the purchase of our Products, you have the option to register for an account via the Site. If you register for a customer account with UFFIZIMODA, you acknowledge you are fully responsible for all activities that occur through the use of any password, user ID or other access methods (each, an “Access Method”) you may be granted as a registered customer of UFFIZIMODA, whether or not such use is authorized by you. You agree not to access or attempt to access any password-protected portions of the Site without an authorized Access Method or through any means other than by utilizing your authorized Access Method on the appropriate web page or web tools. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. You agree to ensure that you exit from your account at the end of each session. We will not be liable for any losses caused by any unauthorized use of your account or password or any other breach of security. UFFIZIMODA reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion. 3. PricesThe prices of any Products will be as quoted on our Site from time to time, except in case of obvious error. However, our Site contains a large number of Products and it is always possible that, despite our efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our shipment procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when shipping the Product to you. If a Product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before shipping the Product, or reject your order and notify you of such rejection.
Prices are subject to change at any time. Changes will not affect Products retrospectively for which we have already sent you a Shipment Confirmation. Prices do not include any applicable taxes. You also agree to pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
4. Promotional CodesUFFIZIMODA may from time to time offer promotional codes. Promotional codes have different time periods of validity and are not applicable to gift cards. To determine the validity period, please refer to the document which contains the promotional code.
When making a purchase using a promotion code, simply enter the promotion code in the designated field at checkout. Click on “apply” in the last step of the checkout. If the order amount exceeds the promotion code balance, please select the payment method with which you wish to cover the amount remaining. [If the promotion code balance exceeds the order amount, you may use the same code for your next purchase. The amount remaining will be available until your credit balance has been used up completely.] The disbursement of the remaining promotion code balance is not possible.
Exchanges or reimbursements of promotional codes, are not permitted. The disbursement of promotional codes is not permitted outside of the standard return timeframe stated in our Return Policy.
UFFIZIMODA cannot be held responsible for any fraudulent or unauthorized uses of promotional codes. UFFIZIMODAreserves the right to cancel or block the promotional code in its sole discretion.
5. Shipping and DeliveriesPackages fulfilled via online orders will be shipped by UPS. Deliveries are conducted through our store located in New Jersey or facilities elsewhere in the United States. Unless otherwise set out on the Site, we use reasonable commercial efforts to ship orders within one to two business days. All delivery dates listed on this Site are estimates. We will not ship orders until payment is successfully processed.
When an order is accepted and payment is successfully processed, the order will be shipped to an address designated by the customer; provided, however, that we do not ship to P.O. boxes or APO/FPO addresses. All shipments are made pursuant to a shipment contract with an independent carrier not affiliated with, or controlled by, UFFIZIMODA or its Site service providers. As a result, we cannot be held accountable for the delivery service. Risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Please see Shipping Policy for a current description of applicable shipping charges on orders.
6. PaymentPayment for all Products must be by credit card. We currently accept payment by the following credit cards:
Visa, MasterCard, American Express.
You agree to pay all charges incurred by users of your credit card used in connection with a purchase at the prices in effect when such charges are incurred.
In the event UFFIZIMODA charges payment for items that are unavailable, it will return the fee upon user request.
7. Refunds/Exchange PolicyPlease see Returns/Exchange Policy for a description of UFFIZIMODA’S policy regarding returns and exchanges of Products. 8. Limits on PurchasesUFFIZIMODA does not authorize the purchase of our merchandise for resale purposes. We may, in our sole discretion, limit or cancel quantities purchased per order, per person or per household. We reserve the right to limit or prohibit orders that, in our sole judgment appear to be placed by dealers, resellers or distributors. We also reserve the right to cease doing business with those customers violating this policy. 9. NoticesAll notices given by you to us must be given to us via email using our contact details set out below. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on this Site, 24 hours after an e-mail is sent or seven days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter that such letter was properly addressed, stamped and placed in the post, and in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee. 10. Additional AssistanceIf you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us via email at email@example.com.