These Terms and Conditions (Terms) set out the basis on which we make our website, services and products available to you and constitute a binding legal agreement between You (the website user, visitor and/or customer) and The One Viola LLC. By using or accessing this Website and/or our Services and Products, you are deemed to have read and understood these Terms and agreed to be unconditionally bound by them. If you do not agree with These Terms or any part hereof, do not use the site or the related services. This Website is owned and operated by The One Viola LLC (hereafter, “Company”).
Definitions: Unless the context requires otherwise, the following terms shall have the following meanings: “We”, “our” or “us” refers to the Company “Website” refers to the internet domain at www.theoneviola.com “You” refers to the website user or visitor and includes a user who purchases our products or Services (Customer). “Products”, “goods” or “merchandise” refers to clothwear and fashion related items offered for sale by The One Viola LLC.
Changes to these Terms: We may revise and update these Terms and/or remove any Service or products or feature of the Website or any part thereof at any time without prior notice and we advise you to revise these Terms periodically. Notice of changes will be posted on this page and where possible notified to you via email. If you continue to use or access our website and services after we have made such amendments, you agree to be bound by the Terms as amended. These Terms were last updated as of 19 March, 2018.
Eligibility: Our website and services is directed to persons who are 13 years and older. If you are below 13 years of age, please do not use the site or Services.
ACCESS AND REGISTRATION
Our website is made available on a free access basis but we may ask you to register and create a user account so as to access certain features or parts of the Site which are otherwise not publicly available. When you create a user account, you agree to provide full, up-to-date and accurate information. You also promise to keep your account secure and confidential. You accept responsibility for all activities happening under your account and you must promptly notify us if you think your account has been compromised or interfered with.
We reserve the right to suspend or terminate your account altogether with or without cause and without liability whatsoever. These include without limitation circumstances where we have reasons to believe that the use of your account violates our Terms and Conditions.
Orders are placed via the online store. All orders are offers to buy our products and are subject to order confirmation. There shall be no contract between you and THE ONE VIOLA LLC until when we have confirmed your payment, the availability of the product and have sent you confirmation (“Order Confirmation”) confirming our acceptance. A binding contract is created between you and The One Viola LLC when we send an Order Confirmation to you. Accordingly, we shall not be liable to deliver Products subject to an order which has not been confirmed in an Order Confirmation.
An Order Confirmation shall indicate the type and description of goods ordered by the Customer as well as other information provided by the Customer at the time of ordering. You agree to ensure the accuracy of information provided at the time of ordering. If any of these details are incorrect or incomplete, you must notify The One Viola LLC as soon as possible. We reserve the right to decline to fulfill any Order for Products if the Customer provides incomplete or incorrect personal information or billing address, has poor credit score, fails to pay the full purchase price for Products within the required time or if the Customer in any other way or manner has violated this Agreement.
When you place an Order, we will provide you with detailed shipping information in addition to product information. Shipping information may include delivery address and estimated delivery time. Delivery time may vary depending on shipping destination and availability. If the Customer places and Order for a product not in stock, we will send delivery time notification by email as soon as we are certain about the availability of the product in our stores or with our suppliers/manufacturers. We endeavor to ship and deliver our Products within the period indicated in the Order Confirmation and within reasonable time after the date of purchase. In case of delayed delivery which is longer than the date specified in the order information, we will immediately notify the Customer about the delay as well as inform about the expected delivery time.
Customer undertakes and guarantees to provide complete and accurate shipping or delivery address or pick-up point at the time of ordering. The One Viola LLC shall not be liable in any manner for failed or late delivery resulting from incomplete or inaccurate shipping or delivery information. It is not our responsibility to correct or update Customer’s delivery address. Information on the various methods of delivery is available on the site.
If a product is delivered and the customer does not pick up the Product within the specified time, The One Viola LLC reserves the right to charge the Customer for any delivery or storage or return costs incurred in relation to return of Product. This does not apply when the Customer has notified The One Viola LLC and/or paid for return costs.
We reserve the right to decline any order placed on the site and may, in its absolute discretion, limit or cancel number of goods purchased per person, household or order. These limitations apply to orders placed under or by under the same buyer account or credit card and/or orders that are directed to the same shipping or delivery address. When we decline, vary or cancel your order, we will as soon as possible inform you using the telephone number, email or delivery address you provided to us when the order was placed. We reserve the right to refuse, disregard or exclude any orders where we have good reasons to believe that such orders, on the face of it, originate from unauthorized resellers, dealers or distributors.
Transfer of Title and Risk of Loss: Title to the goods shall pass after delivery and after your payment has been processed or received by us. Risk of damage, destruction or loss shall pass when the goods are delivered to your shipping address.
PRICING AND PAYMENTS
All merchandise are sold at the price indicate on the website at the time of placing your order. All prices stated on the site are in United States dollars and, unless otherwise stated, include applicable tax rates. Where applicable, you may be able to view prices in your desired currency using the currency conversion feature available on the site. Unless stated otherwise, prices exclude shipping, insurance, invoice charges, as well as custom and import duties.
Please note that if the applicable taxes change, we will adjust our prices to accommodate change in the tax charged.We may also alter our prices without prior notice as the result of changed manufacturer prices, incorrectly priced goods as well as, where applicable, exchange rate fluctuations. The total price for goods including specification for delivery costs as well as other applicable charges will always be displayed on the site. Where shipping charges apply, we will clearly indicate in the product information. We reserve the right to change the prices in case of pricing or printing errors. In case of clearly incorrectly priced goods, we reserve the right to cancel the order and issue a full refund without additional reimbursement.
Title and Risk of Loss: Title to the goods shall pass after delivery and after your payment has been processed or received by us. Risk of damage, destruction or loss shall pass when the goods are delivered at your billing address.
SAFEGUARD OF PERSONAL INFORMATION
At times, our Website and information contained thereon may contain accidental technical or typographical errors or inaccuracies in connection with product descriptions, promotions, pricing, offers and/or availability. We reserve the right, at any time and without prior notice including after you have placed an order, to rectify any inaccuracies, omissions or errors and to modify or update any information or cancel any order if any information contained hereon is incorrect.
LINKS TO THIRD-PARTY WEBSITES AND SERVICES
At times, our website may contain or feature links to third-party websites and/or goods.Please be aware that we include external links for informational purposes and convenience only and we do not control, approve or endorse such third party websites. We will not accept liability for any damage or loss relating to your use of or the reliance on any information, products or Services made available on or through any such sites.
USER SUBMISSIONS AND LOOKBOOKS
Generally, any content (including text, photographs, videos, comments, reviews or feedbacks and Lookbooks) submitted by users to the website for public view (“User Submissions”) is considered to be non-confidential. If a certain page on the site permit the submission of communications which will be treated by us as confidential, that fact will be notified on those pages. For the avoidance of doubt, user submissions include comments and posts and other social media content submitted on the site or company’s social media accounts and includes content posted using designated tags or hashtags.
As a website user, you are solely responsible for your submissions and the consequences of their posting. You must represent and warrant to The One Viola LLC that you will not submit:
I. copyrighted material, unless you are the copyright owner or have the authorization of the copyright owner to post it;
II. materials that infringe trade secrets, trademark , trade name or brands name or any other intellectual property of others unless you own them or have the authorization of the owner;
III. material that infringeson the privacy or publicity rights of others;
IV. material that is indecent, libelous, slanderous, intimidating, harassing, abusive, hateful, or threatening;
V. material that is pornographic or sexually explicit;
VI. advertisements or solicitations of business;
Please note that you retain ownership of your user submissions. However, by submitting, uploading or linking user submissions to the website, you automatically grant us a worldwide, permanent, irrevocable, royalty-free, nonexclusive license to use, replicate, adapt, publish, distribute, perform and display the user submissions alone or as part of other work in any form, media channel or technology and to sublicense such rights.
We do not review or validate any user submission or views and recommendations expressed therein nor do we guarantee their truthfulness, completeness, accuracy, or reliability. You acknowledge and agree that any reliance on user submissions will be at your own sole risk.
We reserve the right to remove or refuse to publish any user submission with or without cause or prior notice and we reserve the right to terminate your use and/or prohibit further access to the Site.
We take all reasonable efforts to ensure that the colors of our products and goods appearing on our website are displayed as accurately as possible. Please note however that the colors or intensity thereof displayed on your screen may depend on the device’s screen resolution and we cannot guarantee that your device’s display capabilities on any color will be accurate.
All material contained on the Site including but not limited to, text, photographs, code, images, graphics, videos, creative, artistic or literary works, design work, trade name, trade secrets (hereafter Content), are property protected by United States copyright law and other intellectual property laws.All intellectual property in the Website, including trade mark, service mark and/or copyright, belongs to the Company and nothing herein shall be interpreted as granting you any right, title or interest in or to any of the Company’s intellectual property or confidential information. You may not alter, reproduce, publish, transmit, modify, create derivative works or otherwise duplicate any part of the website unless you obtain our prior written permission. Except as permitted by law, you must not reverse-engineer, decompile or disassemble the code used in this Website or any software in this website into a readable form in order to examine the structure of such software.We reserve any other rights in, and uses of, the website content on behalf of The One Viola LLC and our suppliers or service providers and therefor you must obtain our prior written permission for these.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
We do not warrant that this website will operate error-free or that this website and its server are free of computer viruses, malware or other harmful applications.You use the website at your own risk and the company shall not be responsible for any costs related or connected with loss or damage to equipment or data resulting from your use of the material or website.
We provide this website and material thereon on an “as is” basis without any warranties of any kind. To the fullest extent permitted by the law, we disclaim all warranties including, but not limited to, the warranty of merchantability, non-infringement of third parties’ rights and the warranty of fitness for particular purpose. We make or offer no warranties about the accuracy, reliability, completeness or timeliness of the material, links, goods and services offered or provided herein.
In no event shall the Company, its employees, officers, directors, affiliates, suppliers, or any third parties mentioned at this website be liable for any damages whatsoever (including,without limitation, indirect, punitive, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use this website and the material thereon, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is or has been advised of the possibility of such damages.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees ad agents, from and against any claims, actions or demands, including but not limited to, reasonable attorney’s fees, alleging or resulting from your use of the material (including Software) or your breach of these terms and conditions. In the event of any such claim, suit or proceeding, the company shall provide notice to you promptly and shall assist you, at your own expense, in defending any such claim, suit or proceeding.
Negotiations:You agree that any dispute arising between you and The One Viola LLC, including claims connected with or resulting from this Agreement, shall first be resolved by way of joint negotiations (“Negotiations”) before referring the Dispute to an arbitrator or court of law. Either of the parties will initiate the negotiation by delivery of written notice of the Dispute to the other and shall meet within 15 days following the receipt of the dispute notice. We will communicate to you using your email address.Our address for any such notice by mail is: 8983 Okeechobee Blvd. Suite 202 #174 West Palm Beach, FL 33411.
Arbitration: If the parties fail to resolve the Dispute through Negotiations, the Dispute, with exception of disputes expressly excluded herein below, shall be referred to an Arbitrator for a final and binding confidential arbitration under the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”). Parties agree that the Dispute shall be determined by a single arbitrator appointed in accordance with the said rules and where appropriate, under the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”) rules of which can be accessed at the https://www.adr.org The said arbitration rules shall also govern your responsibility regarding payment of applicable fees and arbitrator compensation. In some cases, we may, at our discretion, assist to pay for all such arbitration fees and expenses if there are good reasons to do so and if satisfied of your inability to pay the required payments. Where attorney fees are involved, parties agree to individual responsibility for its attorney’s fees subject only to any such remedy entitled in law. The arbitrator’s decisions shall be in written form and shall be final and binding. Without prejudice to the provisions relating to class action waiver below, Parties agree to exclude the jurisdiction of all court of law as regards enforceability and interpretation of the this arbitration agreement between the parties.
Disputes not subject to Arbitration: Parties to this Agreement agree that the following classes of disputes are exempt from arbitration (1) any Dispute relating to the protection, validity or enforcement of parties’ intellectual property rights; (2) small claims; (3) Any claim expressly excluded from arbitration by federal law; and (4) claims of injunctive relief of any nature purporting to protect the efficaciousness of this Arbitration provisions.
No class action: In addition to compulsory arbitration, parties herein agree that, to the fullest extent permitted by law, each party will bring claim against the other in their individual capacity and not as a claimant or class member in any purported class action lawsuit. Unless otherwise agreed by you and us, no arbitrator or court of law may consolidate individual claims or proceedings without consent of the parties.
This Agreement is governed by the internal laws of the State of Florida without regard to its conflict of laws principles. Subject to clause 10 above, any dispute or claim between you and the Company that arises wholly or partly under these Terms shall be subject the exclusive jurisdictionof the federal and State courts located in Florida.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such terms or any other terms, and the Company’s failure or omission to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Any changes to these Terms must be in writing and agreed upon by both parties.
You agree that most communications, including agreements, disclosures, requests, and notices, between the Company and you will be done electronically. You agree that such communications complies with any legal requirement that such communication be made in writing.