Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods and information provided by or through the E-Store. This Contract constitutes the entire and only agreement between Victoria Ashley and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods and information provided by or through the E-Store, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good shall be deemed acceptance of this Contract.
SETUP AND PAYMENT
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer’s credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer’s password. Buyer agrees to keep his or her password confidential and to notify Victoria Ashley within 24 hours of any breach of this Contract or unauthorized use of the password. Victoria Ashley does not protect Buyer from unauthorized use of Buyer’s password.
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the E-Store are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the E-Store is prohibited.
EDITING, DELETING, AND MODIFICATION
Victoria Ashley reserves the right in its sole discretion to remove any goods for sale from the E-Store. Upon notice published over the E-Store, Victoria Ashley may modify this Contract, or prices, and may discontinue or revise any or all aspects of the E-Store in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the E-Store with respect to transactions occurring after said date.
RIGHT TO REFUSE
Victoria Ashley reserves the right in its sole discretion to refuse service at any time. Sale of any goods is subject to availability.
Buyer agrees to indemnify, defend and hold Victoria Ashley and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Contract or use of the E-Store.
Buyer’s right to use the E-Store is not transferable and is subject to any limits established by Victoria Ashley or by Buyer’s credit card company.
The goods offered through the e-store are provided "as available," and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The sole and entire maximum liability of Victoria Ashley, for any reason, and buyer’s sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the buyer for the particular items purchased. Victoria Ashley and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Victoria Ashley and buyer. This e-store and goods would not be provided without such limitations. Some state statutes may apply regarding limitation of liability.
ORDER CONFIRMATION & SHIPPING
After Buyer’s order has been submitted, a page will be displayed confirming that the order was received. An email confirming receipt of the order will also be sent to Buyer shortly after the order is submitted. If an order confirmation does not arrive within 24 hours after submission, Buyer shall contact Victoria Ashley Online Customer Service by phone at 310-818-3082 or via email at email@example.com for assistance.
Victoria Ashley orders are shipped on business days (Monday through Friday 8:30-17:30, excluding major holidays). All orders are subject to authorization. Only authorized orders will be processed and shipped.
If an order was not shipped, was incorrectly shipped, is missing a product or contains a damaged or defective item, Buyer shall contact Victoria Ashley Online Customer Service by phone at 310-818-3082 or via email at firstname.lastname@example.org for assistance.
Victoria Ashley does not accept any returns for products purchased on the E-Store. Products purchased on the E-Store cannot be returned to a Victoria Ashley distributor nor to a salon which sells Victoria Ashley products.
If a product purchased on the E-Store is defective, customer shall contact Victoria Ashley Online Customer Service by email at email@example.com within 14 days of receipt of product. In order to process its request, the customer shall provide a detailed description of the defect and a proof of purchase.
USE OF INFORMATION
Victoria Ashley reserves the right, and Buyer authorizes Victoria Ashley, to the use and assignment of all information regarding Buyer’s use of the E-Store and all information provided by Buyer, subject to applicable law.
This Agreement is governed by the substantive laws of the State of California, without regard to the principles of conflicts of law, provided, however, the obligation to arbitrate shall be governed by the Federal Arbitration Act, which preempts any law that limits arbitration, such as California Code of Civil Procedure ” §§ 1281.2, 1281.3 or 1281.4. Each person or entity who is a Party to this Agreement or subject to the arbitration provisions of this Agreement consents to jurisdiction and venue of the state and federal courts in Los Angeles, California.
Any cause of action of Buyer with respect to the E-Store must be instituted within 3 months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in the above Disclaimer. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
All legal proceedings arising out of or in connection with this Contract shall be brought solely in the State of California and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the E-Store or Victoria Ashley is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Victoria Ashley to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
This Agreement represents the entire understanding between Buyer and Victoria Ashley regarding its use of the E-Store and supersedes any prior statements or representations.
Products ordered online are not for resale. As such, Victoria Ashley reserves the right to limit order quantities per item and the total value of products ordered per day and per month.
CURRENCY & SALE TAXES
All prices on the E-store are in US dollars. Buyer agrees that all orders shipped by Victoria Ashley are subject to sales tax, applicable in accordance with the tax code of the state to which the order will be shipped. Tax is estimated at the time an order is placed and a final calculation of the actual sales tax will be reflected on Buyer’s order confirmation e-mail and packing slip.
Credit card information entered on the E-Store is secure and safe using a VeriSign SSL Certificate. All orders placed on the E-Store are encrypted, thereby protecting any credit card information that is submitted at the time of the order. By using the most advanced consumer online security technique to date, Victoria Ashley can insure that all orders are placed safely and securely. As such, Victoria Ashley is not liable for any direct or indirect damages related to credit card fraud or theft.
At this time, Victoria Ashley ships strictly to the contiguous 48 U.S. states, plus Alaska and Hawaii. Shipments to U.S territories (such as Puerto Rico and Guam) and the Armed Forces are currently unavailable.
For any questions on how to order or the status of an order, please contact Victoria Ashley Online Customer Service by phone at 310-818-3082, Monday to Friday 8:30-17:30, or via email at firstname.lastname@example.org for assistance.