ELEGANTACCENTS.NET TERMS OF USE
PLEASE READ THESE
TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE
By accessing or using this website website (ElegantAccents.net)
on any computer, mobile phone, tablet, console or other device (collectively,
"Device"), you signify that you have read, understand and agree to be
bound by these Terms of Use and any other applicable law, whether or not you
are a registered member of Elegant Accents. Elegant Accents may change these
Terms of Use at any time without notice, effective upon its posting to the website.
Your continued use of the website shall be considered
your acceptance to the revised Terms of Use. If you do not agree to these Terms
of Use, please do not use this website.
PRIVACY POLICY
The Company respects the privacy of its Website
users. Please refer to Elegant Accents' Privacy Policy �which explains how
we collect, use, and disclose information that pertains to your privacy.
When you access or use the Website, you signify your agreement to this
Privacy Policy.
REGISTRATION: RULES FOR USER CONDUCT AND USE
OF THE WEBSITE
You need to be at least 13 years old and a
resident of the United States to register for and use the Website.
If you are a user who signs up for the Website,
will create a personalized account which includes a
unique username and a password to access the Website and to receive messages
from the Company. You agree to notify us immediately of any unauthorized use of
your password and/or account. The Company will not be responsible for any
liabilities, losses, or damages arising out of the unauthorized use of your
member name, password and/or account.
USE
RESTRICTIONS.
Your permission to use the Site is conditioned upon the following Use Restrictions and
Conduct Restrictions: You agree that you will not under any circumstances:
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post any information that is abusive,
threatening, obscene, defamatory, libelous, or racially, sexually, religiously,
or otherwise objectionable and offensive;
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use the website for any unlawful purpose or
for the promotion of illegal activities;
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attempt to, or harass, abuse or harm another
person or group;
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use another user�s account without
permission;
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provide false or inaccurate information when
registering an account;
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interfere or attempt to interfere with the
proper functioning of the Website;
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make any automated use of the system, or take
any action that we deem to impose or to potentially impose an unreasonable or
disproportionately large load on our servers or network infrastructure;
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bypass any robot exclusion headers or other
measures we take to restrict access to the Website or use any software,
technology, or device to scrape, spider, or crawl the Website or harvest or
manipulate data; or
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publish or link to malicious content intended to damage or
disrupt another user�s browser or computer.
POSTING AND CONDUCT RESTRICTIONS.
When you create your own personalized
account, you may be able to provide (�User Content�). You are solely
responsible for the User Content that you post, upload, link to or otherwise
make available via the Website. You agree that we are only acting as a
passive conduit for your online distribution and publication of your User
Content. The Company, however, reserves the right to remove any User
Content from the Website at its discretion.
The following rules pertain to User Content.
By transmitting and submitting any User Content while using the Website, you
agree as follows:
� You are solely responsible for
your account and the activity that occurs while signed in to or while using
your account;
� You will not post information
that is malicious, false or inaccurate;
� You will not submit content
that is copyrighted or subject to third party proprietary rights, including
privacy, publicity, trade secret, etc., unless you are the owner of such rights
or have the appropriate permission from their rightful owner to specifically
submit such content; and
� You hereby affirm we have the
right to determine whether any of your User Content submissions are appropriate
and comply with these Terms of Website, remove any and/or all of your
submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any
User Content that you make available or access through your use of the Website
is solely your responsibility. The Company is not responsible for any
public display or misuse of your User Content. The Company does not, and
cannot, pre-screen or monitor all User Content.
However, at our discretion, we, or technology we
employ, may monitor and/or record your interactions with the Website.
PRODUCT ORDERS
Elegant Accents reserves the right to
refuse credit cards and/or cancel any order (s) from any business/individual,
for any reason, at any time.
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ALL GOODS ARE
INSPECTED. �All items are HANDCRAFTED from NATURAL MATERIALS (stone, shell, coco,
leather, etc.). Variations in the natural materials highlight the unique
qualities of each piece. All pieces are hand-made and hand-finished. No two
pieces will be exactly alike.
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AVAILABILITY. All items are usually in stock for immediate shipment
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FREIGHT/DELIVERY. All orders are shipped FOB, Elegant Accents warehouse, Los
Angeles, California. (FOB means Free on Board and that Ownership of the
merchandise transfers to the customer as soon as the
merchandise is picked up from the Elegant Accents warehouse by UPS, Common
carrier, Truck, Delivery Service, Customer vehicle, etc.) Note: Common
Carriers/Trucking Companies are not responsible for unloading merchandise from
the truck. Elegant Accents will try to find the most economical way to ship
your order. Any special shipping instructions must be
indicated on the order.
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Customer is always
responsible for ALL freight charges.
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No orders will
be shipped until payment is made.
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RETURN CHECK FEES. All
returned/bounced checks will be assessed a $35.00 charge.
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SPECIAL ORDERS We accept Special Orders with a 50% down payment, and the
balance due prior to delivery. Normal delivery times for special orders may be
between 2-3 months. Intricate orders may take 3-6 months. Orders must be in
writing. Line drawings will help expedite your order. Please Contact Special
Order Department at 888-486-8800.
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�DROP SHIPMENTS Drop shipments are
accommodated. Orders must be mailed or faxed in.
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BACKORDERS. All backorders are shipped unless
advised otherwise in writing.
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DAMAGED SHIPMENT. Please do not discard the packing materials until you have
checked the merchandise received. Discarded packaging may invalidate any
freight claim. In the event of damages or missing pieces, you must call us at
Tel.(888) 486-8800 within
5 days from receipt of the shipment in order for us to help you process your
claim. The following information is needed: [a] Description of damaged item; [b] Condition of
outer packaging; [c] Tracking number; and [d] Invoice number. Please inspect
the shipment carefully. If you suspect that there is even the slightest chance
of damage, even if you can't see it, just contact us
at (888)-486-8800.
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RETURNS & EXCHANGE . We Will Not Accept Unauthorized Returns.
Authorization for credit or the return of defective, damaged or incorrectly
shipped merchandise must be phoned to us at (888)-486-8800 WITHIN
5 DAYS OF RECEIPT OF MERCHANDISE. We will give you an RMA (Return Merchandise
Authorization) number, as well as the SHIP TO address for the merchandise to be returned to. Any shipments refused or returned without
prior authorization will subject the customer to a 35% (of invoice value)
restocking fee, plus freight.
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�CANCELLED ORDERS All orders that are placed
(verbal, written, faxed or otherwise) are considered confirmed orders; and if
cancelled, will be subject to a cancellation fee of 25% of invoice value or at
a percentage management deems appropriate.
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CHANGES. All prices and sizes are subject to change without prior
notice
ONLINE CONTENT
DISCLAIMER
Opinions, advice, statements, offers, or
other information or content made available through the Website, but not
directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors
are solely responsible for such content. The Company does not guarantee
the accuracy, completeness, or usefulness of any information on the Website and
neither does the Company adopt nor endorse, nor is the Company responsible for,
the accuracy or reliability of any opinion, advice, or statement made by
parties other than the Company. The Company takes no responsibility and
assumes no liability for any User Content that you or any other user or third
party posts or sends over the Website. Under no circumstances will the
Company be responsible for any loss or damage resulting from anyone�s reliance
on information or other content posted on the Website, or transmitted to users.
Though the Company strives to enforce these
Terms of Use, you may be exposed to User Content that
is inaccurate or objectionable. The Company reserves
the right, but has no obligation, to monitor the materials posted in the public
areas of the website or to limit or deny a user�s access to the Website or take
other appropriate action if a user violates these Terms of Use or engages in
any activity that violates the rights of any person or entity or which we deem
unlawful, offensive, abusive, harmful or malicious. The Company shall
have the right to remove any such material that in its sole opinion violates,
or is alleged to violate, the law or this agreement or
which might be offensive, or that might violate the rights, harm, or threaten
the safety of users or others. Unauthorized use may result in criminal
and/or civil prosecution under Federal, State and local law. If you
become aware of misuse of our Website, please contact us customerwebsite@elegantaccents.net
COPYRIGHT
COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. The
Company respects the intellectual property rights of others and requests that
the users do the same. Pursuant to 17 U.S.C. 512(i)
of the United States Copyright Act, the Company has adopted and implemented a
policy that provides for the termination in appropriate circumstances of users
of the Website who are repeat infringers. The Company may terminate
access for participants or users who are found
repeatedly to provide or post protected third party content without necessary
rights and permissions.
(b) DMCA Take-Down Notices.
If you are a copyright owner or an agent thereof and
believe, in good faith, that any materials provided on the Website infringe
upon your copyrights, you may submit a notification pursuant to the Digital
Millennium Copyright Act (see 17 U.S.C 512) (�DMCA�)
by sending the following information in writing to the Company�s designated
copyright agent at 369 South Doheny Drive Beverly
Hills, CA 90211
1.
The date of your notification;
2.
A physical or electronic signature of a
person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
3.
A description of the copyrighted work claimed
to have been infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list of such works
at that site;
4.
A description of the material that is claimed
to be infringing or to be the subject of infringing activity and information
sufficient to enable us to locate such work;
5.
Information reasonably sufficient to permit
the website provider to contact you, such as an address, telephone number,
and/or email address;
6.
A statement that you have a good faith belief
that use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
7.
A statement that the information in the
notification is accurate, and under penalty of perjury, that you are authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
(c) Counter-Notices. If you believe that your User Content
that has been removed from the Site is not infringing, or that you have the
authorization from the copyright owner, the copyright owner's agent, or pursuant
to the law, to post and use the content in your User Content, you may send a
counter-notice containing the following information to our copyright agent
using the contact information set forth above:
1.
Your physical or electronic signature;
2.
A description of the content that has been
removed and the location at which the content appeared before it was removed;
3.
A statement that you have a good faith belief
that the content was removed as a result of mistake or a misidentification of
the content; and
4.
Your name, address, telephone number, and
email address, a statement that you consent to the jurisdiction of the federal
court in California and a statement that you will accept website of process
from the person who provided notification of the alleged infringement.
If a counter-notice is
received by the Company copyright agent, the Company may send a copy of
the counter-notice to the original complaining party informing such person that
it may reinstate the removed content in 10 business days. Unless the
copyright owner files an action seeking a court order against the content
provider, member or user, the removed content may (in the Company�s discretion)
be reinstated on the Site in 10 to 14 business days or more after receipt of
the counter-notice.
LICENSE GRANT
By posting any User Content via the Website,
you expressly grant, and you represent and warrant that you have a right to
grant, to the Company a royalty-free, sublicensable,
transferable, perpetual, irrevocable, non-exclusive, worldwide license to use,
reproduce, modify, publish, list information regarding, edit, translate,
distribute, publicly perform, publicly display, and make derivative works of
all such User Content and your name, voice, and/or likeness as contained in
your User Content, if applicable, in whole or in part, and in any form, media
or technology, whether now known or hereafter developed, for use in connection
with the Website.
INTELLECTUAL
PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual
property rights of any kind related to the Website, including applicable
copyrights, trademarks and other proprietary rights. Other product and
company names that are mentioned on the Website may be
trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
USER CONSENT TO
RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to
receive communications from the Company in an electronic form via the email
address you have submitted; and (b) agree that all Terms of Use, agreements,
notices, disclosures, and other communications that the Company provides to you
electronically satisfy any legal requirement that such communications would
satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address, to send
you other messages, including information about the Company and special offers.
You may opt out of such email by changing your account settings or sending an
email to info@elegantaccents.net.
Opting out may prevent you from receiving
messages regarding the Company or special offers.
WARRANTY
DISCLAIMER
THE WEBSITE, IS PROVIDED �AS IS,� WITHOUT
WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEBSITE
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT
ACCESS TO OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU
ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING
AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER
MATERIAL OBTAINED FROM THE WEBSITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT
DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF
DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS
LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR
DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY
OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE WEBSITE; (C) THE WEBSITE
GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE WEBSITE AVAILABLE; OR (D)
ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE WEBSITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO
HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF
LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users,
a restaurant or a merchant of a product or website that you review using the Website,
you release us (and our officers, directors, agents, subsidiaries, joint
ventures and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, arising out of or
in any way connected with such disputes. If you are a California resident, you waive California
Civil Code �1542, which says: �A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at the time
of executing the release, which if known by him must have materially affected
his settlement with the debtor.�
MODIFICATION OF
TERMS OF USE
We can amend these Terms of Use at any time
and will update these Terms of Use in the event of any such amendments.
It is your sole responsibility to check the Site from time to time to
view any such changes in the Agreement. If you continue to use the Site,
you signify your agreement to our revisions to these Terms of Use.
However, we will notify you of material chances to the terms by posting a
notice on our homepage and/or sending an email to the email address you
provided to us upon registration. For this additional reason, you should
keep your contact and profile information current. Any changes to these
Terms (other than as set forth in this paragraph) or waiver of the Company�s
rights hereunder shall not be valid or effective except in a written agreement
bearing the physical signature of an officer of the Company. No purported
waiver or modification of this Agreement by the Company via telephonic or email
communications shall be valid.
GENERAL TERMS
If any part of this Agreement is held invalid or unenforceable, that portion of the
Agreement will be construed consistent with applicable law. The remaining
portions will remain in full force and effect. Any failure on the part of the
Company to enforce any provision of this Agreement will not
be considered a waiver of our right to enforce such provision. Our
rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to
or arising out of your relationship with the Company must commence within ONE
year after the cause of action accrues. Otherwise, such cause of action
is permanently barred.
These Terms of Use and your use of the Site
are governed by the federal laws of the United States of America and the laws
of the State of California, without regard to conflict of law provisions.
The Company may assign or delegate these
Terms of Website and/or the Company�s Privacy Policy, in whole
or in part, to any person or entity at any time with or without your consent.
You may not assign or delegate any rights or obligations under the Terms of Website
or Privacy Policy without the Company�s prior written consent, and any
unauthorized assignment and delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE
TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND
BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE
TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT
OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR
AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO
THE SUBJECT MATTER OF THIS AGREEMENT.