TERMS AND CONDITIONS OF USE
WEBSITE TERMS AND CONDITIONS OF USE
Effective date of Terms and Conditions of Use: ________, 2018
This Website is operated by Gabriela Artigas & Company (“Gabriela Artigas & Co.” or “the Company”). All inquiries may be directed to:
Your use of the GabrielaArtigas.com Website (“the Website”) is based on these terms and conditions (“the Terms”) – please take a few minutes to review them. By accessing and using the Website, you represent that you have read and understand the Terms, agree to be bound by the Terms, and agree that your access to and use of this Website is subject to the Terms and to all applicable laws, as governed and interpreted pursuant to the laws of the State of California. If you do not agree with any of these Terms, please re-direct your browser and do not use our Website.
In these Terms, “we”, “us”, “our” and other similar references mean the Company and “you” and “your” and other similar references mean a specific user of the Website.
TERMS MAY CHANGE
From time to time the Company reviews these Terms to ensure that they comply with applicable law. Consequently, the Company reserves the absolute right to update, modify, and revise these Terms at any time with or without notification. For this reason, the Company encourages you to review these Terms whenever you use the Website. You will know if these Terms have been revised since your last visit to the Website by referring to the “Effective date of Terms and Conditions of Use” at the top of this page. The revised Terms will replace any prior policies that are inconsistent. Your use of our Website constitutes your acceptance of the revised Terms. If you disagree with any changes to the Terms, your sole recourse is to stop using this Website.
You must be at least 18 years old to create a user profile and purchase products from this Website. In creating a user profile and/or purchasing products from this Website, you warrant that you are over 18 years of age, that you are providing the Company with accurate, true, and complete information, and that you have the authority to place the order.
The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
The Company sells products exclusively through the Gabriela Artigas & Company retail store, authorized retail stores, and through this Website.
WARNING! Any purchase made other than through authorized retail stores or this Website is made entirely at the risk of the purchaser, particularly with regard to the authenticity and any warranties of such items.
PRODUCT PRICING INFORMATION
The prices displayed on our Website may differ from prices that are available in authorized retail stores, and our pricing may differ from store to store.
Occasionally, there may be information on the Company’s Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders at any time without notice (including after you have submitted your order) if any information on the Website, including the price of an item, is inaccurate. Prices are subject to change without notice.
The Company will display colors and sizes of products as accurately as possible, however it cannot guarantee that your monitor will display the correct colors or sizes. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.
To promote a positive, useful, and safe user experience, by using this Website, you warrant that you are not violating any law or regulation, violating, infringing, or misappropriating other people’s intellectual property, privacy, publicity, or other legal rights, engaging in spidering or harvesting or using software, including spyware designed to collect data from the Website, transmitting any viruses to disrupt, damage, or interfere with the Website, impersonating another person to perform fraudulent activity, including phishing, scraping or crawling any data on the Website, circumventing technological measures implemented on the Website to protect the Website, or attempting to interfere with, decipher, decompile, disassemble, or reverse engineer the code used to provide the Website.
Anyone using the internet can enter the Website, but in order to make purchases from this Website, a user must first log in. During login, a user is required to give contact information (such as name and email address). Logging in involves creating a username and password, which when entered later, allows access to a personal account, with purchase history and other information.
By registering and in consideration of your use of the Website, you agree to provide true, accurate, current, and complete information about yourself. You are responsible for protecting and maintaining the confidentiality of your account and password and for restricting access to your computer, and agree that you will be responsible for all acts or omissions that occur through use of your account and password. If you misplace your password or become aware of any unauthorized use of your password, notify us immediately at the contact information provided above.
We request additional information from the user on our order forms. Here a user must provide contact information (like name, billing and shipping addresses) and financial information (like credit card number and expiration date). This information is used for billing purposes and to fill customer orders. If we have trouble processing an order, your contact information is used to get in touch with you. You are given the choice of not having the Company store this information for use in future orders.
We send all new Website users an email to verify their passwords and usernames. Established Website users will occasionally receive information on new products or activities at the store, or other information we think may be of interest. We also send Website users Website and service announcement updates.
Buying Something Off-Line
We can accept orders via telephone at (323) 424-4345 or by email at sales@GabrielaArtigas.com and we accept Visa, MasterCard, American Express and Paypal. You will have the same choices of gift wrap and message as you do when making a purchase on our Website or in our store.
Changing or Canceling Orders
Once you place your order, your credit card will be charged. You will only be charged for the items that you ordered, along with appropriate shipping and tax, where applicable. Orders are subject to verification and acceptance before shipping. We are not responsible for errors made when entering the order, including incorrect address or credit card entry.
If you notice that you made a mistake inputting your order, please call us at (323) 424-4345 as soon as possible. Once an order is being packed at our distribution center, we are no longer able to modify your order.
TRADEMARKS & COPYRIGHT
Everything on this Website, including images, illustrations, drawings, sounds, audio clips, graphics, video clips, page headers, and text, are owned, controlled, and licensed by the Company, its subsidiaries, and/or its Website developer, and are subject to trademark, service mark, trade dress, copyright, and other intellectual property rights or licenses held by the Company, its subsidiaries, and/or its Website developer.
The content of this Website, and the Website as a whole (“Content”), is intended solely for personal, non-commercial use by the users of the Website. You may download, print, and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. The Company reserves the complete title and full intellectual property rights in any Content you download from this Website.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, sell, or create derivative works from the Content without first obtaining express written permission from the Company.
You agree not to access this Website in a manner contrary to these Terms. If you know of, or suspect copyright or trademark infringement please contact the Company at the contact information provided above.
DISCLAIMER OF WARRANTIES
THIS WEBSITE IS OPERATED AND PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEBSITE, AND THAT THE COMPANY, AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATING TO YOUR USE OF THIS WEBSITE.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR MERCHANDISE OFFERED OR INCLUDED ON THIS WEBSITE. IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE. THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE AND ITS MATERIAL AND PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE AND THE PRODUCTS AVAILABLE FROM THIS WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE OR AS A RESULT OF YOUR PURCHASE AND USE OF ANY PRODUCT AVAILABLE ON THE WEBSITE.
The Company does not endorse or make any warranties or representations about other services or data you may access, download or use as a result of the use of this Website, or about any Website you may access through this Website that is not under the control of the Company. The Company has no responsibility to the linked Websites, nor does linking other websites to the Company’s Website constitute an endorsement of any linked website. Links to other websites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website, which will be governed by other terms and conditions and privacy practices.
If you are dissatisfied with the Website or any Content on the Website, or with the Website’s or third party websites’ terms and conditions, you may discontinue using the Website.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES (INCLUDING GENERAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE WEBSITE, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF THE COMPANY OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the Company under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100).
To the fullest extent permitted by law, you agree to indemnify and hold harmless the Company and its employees, directors, officers, agents, vendors or suppliers, from any claim, demand, action damages, losses, liabilities, costs or expenses, including reasonable attorneys’ fees and legal costs, arising from or relating to your use or misuse of this Website or your breach or violation of any provision of these Terms. You also agree to indemnify and hold harmless the Company and its employees, directors, officers, agents, vendors or suppliers, from any claim, demand, action damages, losses, liabilities, costs or expenses, including reasonable attorneys’ fees and legal costs, arising from or relating to any use or misuse of this Website or the breach or violation of any provision of these Terms by a third party who accesses this Website with your user credentials.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, the Company is required to provide you a process you may follow in order to resolve a complaint regarding the use of the Website or to receive information regarding the use of the Website. To file a complaint regarding the Website or to receive further information regarding the use of this Website, contact us at the email address, phone number, or address provided above.
Gather and Use of Personal Information
The Company collects the following personal information from you when you use the Company’s Website or visit the Company’s store. The information we collect through our Website helps us provide you with information specific to your needs and interests.
- Server Statistics. We collect general statistics to track user trends on our Website. These statistics include hits to our server, the types of browsers used to access our Website, the locations from which users visit our Website, page views, and navigational patterns. We may track the Internet domain address from which people visit us, other electronic markers and identifies, and other information. The information that is collected in this manner does NOT provide us with any personally identifiable information about our users. It helps us track “where” our users are coming from. This allows us to pinpoint high traffic areas and determine the most effective ways to communicate with our users and to track user preference. As part of that ongoing analysis, the Company also uses devices called “web beacons” to help us identify when emails sent to you have been received and read. In order to prevent the introduction of viruses and hackers into the Website we may collect information, such as IP addresses, into a log file to be used to identify potential hackers.
- Personal Information Plus Cookies or Other Data. To better serve you, we may combine your personal information with cookies or other third party browsing and use data. We use that combined information to enhance and personalize your shopping experience.
Opting Out of Email Communications
If you are already receiving emails from the Company and no longer wish to receive such communications, simply follow the “unsubscribe” instructions that appear in the emails from the Company.If you change your mind and wish to opt back in to receiving email communications from the Company, you can start receiving promotional communications from us again by entering your email address in the top right-hand corner of our Website and pressing “subscribe.”
Please note that even if you opt out of receiving email communications from us, you will continue to receive certain non-promotional communications from us. When you make an online purchase from us, we will continue to confirm your order status and shipment by email. We may also need to contact you via telephone, email or postal mail with questions or information regarding your order.
Disclosure of Personal Information to Third Parties
The Company is the sole owner of the information collected on the Website. The information is used entirely and only by us, except in cases where we use third party agents to perform certain functions for us, such as credit card processing, delivering packages, fulfilling orders, analyzing data, or hosting our Website. In those cases, we provide only the information necessary for the performance of those specific functions. We also ask these third parties to confirm that their privacy practices are consistent with ours. We will not sell, share or rent this information to any other entity for any reason. The Company may also share your personal information as required by law or regulations or in response to a valid subpoena, order, or government request. In the unlikely event of a sale or merger of the Company, your personal information may be acquired by the company merging with or acquiring the Company.
Other than as set out above, you will receive notice when information about you might be used for any other purpose or go to any other third parties, and you will have an opportunity to choose not to share the information.
Security Procedures Used to Protect Personal Information
When our log in/order form asks users to enter sensitive information (such as a credit card number), that information is encrypted and is protected with encryption software. The Website is a secure website.
In addition to using encryption to protect sensitive information online, we also take measures to protect user information offline. Because our Websites are an extension of the Gabriela Artigas retail store, the store and online inventory and customer databases are linked. However, we do not store credit card numbers from online transactions and, at log in, users are offered the option of not having their billing or shipping address details stored in our customer database. If such an option is exercised, those details will remain only on the customer order form, which is necessary to track customer orders. Access to the customer database is limited to those employees with a need to perform specific functions (such as shipping, order transaction, customer service, and billing) and each access is password protected.
All email communication regarding sales orders will refer to credit card numbers only by their final four digits. If you have any questions about the security of our Website, you can send an email to sales@GabrielaArtigas.com.
While we strive to protect the security and privacy of your confidential information, unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, to the extent permitted by law, we do not guarantee or warrant the security of any information you transmit to or from our Website, and you do so at your own risk.
We urge you to keep any password that you establish with us in a safe place and not to divulge it to anyone. Also remember to log off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place.
External Links on Our Website
Our products and services also may be made available to you through third-party platforms (such as other websites) or through other third-party channels. We are not responsible for the privacy practices of any non-Company websites, mobile applications or services.
Collection of Information From Children
The Company does not direct any of our content specifically to children. Users of our Website are required to be at least 18 years old, and any user under 18 is not an authorized user. Our Website is a general audience Website and is not targeted or intended for use by children. We will never knowingly request Personal Information online from anyone under the age of eighteen (18). If we learn that a user is under eighteen (18) years of age, we will promptly delete any Personal Information we have collected about that user.
Your California Privacy Rights
California Civil Code Section 1798.83 permits customers of the Company who are California residents to request certain information regarding our disclosure of personal information to third parties for the third parties’ direct marketing purposes.
Correcting/Updating Personal Information
If your personal information changes, please log into your online account to update your user information or contact us at sales@GabrielaArtigas.com.
Notification of Changes
In the interest of resolving disputes between you and the Company in the most expedient and cost effective manner, you and the Company agree to the following dispute resolution procedure:
In the event of any controversy, claim, action, or dispute arising out of or related to the Terms, the Website, the products and services available on the Website, any transaction conducted on the Website, or the breach, enforcement, interpretation, or validity of the Terms or this Dispute Resolution provision or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:
- To the Company at the address provided above.
- To you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and the Company agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
If this informal dispute resolution process is unsuccessful, both you and the Company agree that ANY DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, YOUR USE OF THE WEBSITE, OR YOUR USE OR PURCHASE OF THE PRODUCTS AVAILABLE ON THIS WEBSITE WILL BE RESOLVED BY BINDING ARBITRATION. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Company’s Website or products, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and the Company will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, scope, applicability, validity, or enforceability of this binding arbitration agreement. The Arbitrator or a court may sever any part of this arbitration agreement that does not comport with the Federal Arbitration Act and such severance will not invalidate the remaining portions of the arbitration agreement. The terms of this arbitration agreement shall survive after your use of the Website ends.
Any arbitration hearing will take place at a location to be agreed upon in Los Angeles, California. The arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
By visiting the Website you agree that this agreement shall be governed by the laws of the State of California, without regard to conflict of laws principles, except for the arbitration agreement above, which shall be governed by the Federal Arbitration Act. The waiver of any provision of the Terms by the Company shall not be considered a waiver of any other provision or of the Company’s right to require strict observance of each of the Terms herein.
Any disputes arising between you and the Company shall be settled and determined in Los Angeles, California by an arbitrator, or if for any reason the arbitration agreement is found to be invalid, in any court in Los Angeles, California. By visiting the Website, you irrevocably submit to the jurisdiction of any of said arbitrators/courts for purposes of resolving such disputes and waive any claims or defense of inconvenient forum or lack of personal jurisdiction.
This Website has been designed to comply with the laws of the State of California and of the United States. If any material on this Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
If any of these Terms are deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.
The Company may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
These Terms (including any document or terms expressly incorporated into these Terms) constitute the entire agreement between the user and the Company with respect to this Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Website. A printed version of these Terms and of any notice given in electronic form will be admissible in arbitral, judicial, or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
With the exception of the arbitration agreement, which shall survive the termination of these Terms, these Terms are effective unless and until terminated by either you or the Company. You may terminate this agreement at any time. You can close your account through the Website or can do so by contacting us at firstname.lastname@example.org. If you close your account, we have no obligation to retain your data, and may delete any or all of your account data without liability. However, we may retain certain data contributed by you for legitimate business reasons.
The Company may terminate this agreement, terminate your account, and restrict your use of this Website at any time without notice if in our sole judgement you fail to comply with any of these Terms, including providing us with false information. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.