YOUR ATTENTION IS PARTICULARLY DRAWN TO PARAGRAPHS 17 (EXCLUSIONS AND LIMITATIONS OF LIABILITY), 18 (INDEMNIFICATION), 19 (DISCLAIMERS), AND 24 (DISPUTE RESOLUTION).
1. OUR CONTACT INFO
Merveilleux LLC (we, our and us, hereinafter referred to as “MVX”) operates the website. MVX is incorporated in California, USA. Our mailing address is 7190 W Sunset Blvd #31, Los Angeles, CA 90046, USA. Our contact email address is firstname.lastname@example.org.
2. RESPONSIBILITY FOR OTHERS WHO ACCESS THE SITE USING YOUR DEVICE OR INTERNET CONNECTION
3. ADDITIONAL DOCUMENTS GOVERNING YOUR USE OF THE SITE
4. AVAILABILITY OF THE SITE
We make no representations and provide no warranties whatsoever that the Site will be made available at any specific time or from any specific geographical location; or that your access to the Site will be continuous or uninterrupted; or that the Site will be accessible or optimized on all browsers, computers, tablets, phones or viewing platforms.
We reserve the right to suspend access to all or part of the Site for any reason, including for business or operational reasons, such as improving the appearance or functionality of the Site, content updates, periodic maintenance, or to resolve any issues that we become aware of without notice. Wherever we anticipate that we need to suspend access to the Site for a considerable period of time, we will try to provide you with prior notice where reasonably practicable. The Site is provided for users in the United States. Although it may be possible to access the Site from other countries, we make no representation that the Site is compliant with any legal requirements in force in any jurisdiction other than the United States, or that the content available on the Site will be appropriate for users in other countries or states.
5. AVAILABILITY & DESCRIPTION OF PRODUCTS
Certain products may be available exclusively online through the website. These products or services may have limited quantities and may sell out and become unavailable.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Finally, we reserve the right to discontinue the Site or any product contained therein at any time. Any offer for any product made on the Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Site will be corrected and disclaim all such representations and warranties as well as liability therefrom as allowed by law and regulation. We do, however, strive to offer only high-quality products, services, and materials, and to correct errors as soon as practicable after we detect them.
7. YOUR ACCOUNT INFORMATION
8. OUR OWNERSHIP OF MATERIAL ON THE SITE
All trademarks, service marks, trade names, copyright, logos and other intellectual property rights in the Site and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the website and its contents, other than as specifically authorized herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.
9. LIMITS ON RELIANCE FOR THE INFORMATION AND CONTENT PROVIDED ON THE SITE
10. PERMITTED USES FOR MATERIALS ON THE SITE
The content on the Site is provided for your personal, private, and non-commercial use only. You may print or share the content from the Site for lawful personal, private, and non-commercial purposes, and you may also make others aware of the content on the Site. You may not otherwise extract, reproduce, or distribute any content on the Site without our prior written consent. Whenever you print, download, share or pass on content from the Site to others, you must not make any additions or deletions or otherwise modify any text from the Site, you must not alter or change any images, media or graphics from the Site in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on the Site. You agree not to use any robots, spiders, data mining or scraping technology or any similar tools for the extraction or reproduction of any data or content from the Site without our prior written consent. Whenever you pass on any content or materials from the Site to anyone, you agree to acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time that you pass on such content or materials.
11. PROHIBITED USES FOR MATERIALS ON THE SITE
You must not submit to us any information that is considered “sensitive personal information.” “Sensitive personal information” is information about you or any other person that reveals your or their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or that is genetic data, biometric data, information which concerns your or their health, sex life or sexual orientation. If you accidentally or intentionally submit such information to us, you will be considered to have consented to our processing of that information on the basis of Article 9(2)(a) of the General Data Protection Regulation (Regulation (EU) 2016/769).
12. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
13. VIRUSES AND OTHER HARMFUL CONTENT
We do not guarantee that the Site will not contain viruses or other malicious software, but we do make reasonable efforts to prevent such viruses or bugs from being uploaded to the Site. Accordingly, we are not responsible for any bugs or viruses on the Site, or any software that might be transferred to your computer from the Site, or any consequences that the presence or operation of such programs may have. You agree to make sure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing device. You agree not to upload or otherwise introduce to the Site any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious. You agree not to use any third parties, software or technology to attempt to gain unauthorized access to the Site, our servers, systems, hardware, software or data. You agree not to attempt to perform any denial-of-service type attack on the Site. We may report any breach or suspected breach of this Paragraph 13 (“Viruses and other harmful content”) to the relevant authorities and may disclose your identity.
14. LINKS TO OTHER WEBSITES
15. LINKS TO OUR SITE
We may withdraw permission to link to the Site at any time. If we withdraw permission to link to the Site and inform you of the same, then you must immediately remove or cause to be removed any links to the Site.
16. OPTIONAL TOOLS & APPS
We may from time to time provide you with access to third-party tools or apps over which we neither monitor nor have any control nor input.
You acknowledge and agree that if we provide access to such tools and apps, such tools and apps are provided solely “as is” and “as available” without any warranties, representations, or conditions of any kind, and without any endorsement of fitness of use. We shall have no liability whatsoever arising from or relating to your use of such optional third-party tools and apps.
Any use by you of optional tools and apps offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools and apps are provided by the relevant third-party provider.
17. EXCLUSIONS AND LIMITATIONS OF LIABILITY
We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused directly by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law
SUBJECT TO THE ABOVE TWO PARAGRAPHS, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:
(a) YOUR USE OF THE SITE; ANY CORRUPTION OR LOSS OF DATA; (b) ANY INABILITY TO ACCESS THE SITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF THE SITE (FOR ANY REASON WHATSOEVER); (c) ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON THE SITE, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL; (d) ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS OR REVENUE; (e) ANY LOSS OF REPUTATION OR GOODWILL; (f) ANY LOSS OF SAVINGS; (g) ANY LOSS OF A CHANCE OR OPPORTUNITY; OR (h) ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES.
IN ADDITION, OUR LIABILITY WITH RESPECT TO THE PURCHASE OF GOODS, SERVICES OR OTHER MATERIALS FROM THE SITE IS STRICTLY LIMITED TO DIRECT DAMAGES ONLY, AND NO INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES SHALL BE ALLOWABLE. TOTAL AGGREGATE DIRECT DAMAGES SHALL ALSO BE LIMITED TO TEN (10) TIMES THE PURCHASE PRICE OF SUCH GOODS, SERVICES OR OTHER MATERIALS, UNLESS SUCH LIMITATIONS ARE PROHIBITED BY LAW.
MOREOVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES, OR PENALTIES ARISING HEREUNDER.
WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR COUNSEL TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US. YOU SPECIFICALLY AGREE THAT WE SHALL NOT BE LIABLE FOR ANY CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES DIRECTLY ARISING OUT OF, OR DIRECTLY IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US. TO THE EXTENT THAT ANY OF THE PROVISIONS OF THIS PARAGRAPH 17 (“EXCLUSIONS AND LIMITATIONS OF LIABILITY”) ARE UNENFORCEABLE AS OUTRIGHT EXCLUSIONS OF LIABILITY, THEY SHALL BE CONSTRUED AS LIMITATIONS ON LIABILITY, LIMITING OUR LIABILITY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.
THE WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (a) THE SERVICE; (b) THE WEBSITE CONTENT; (c) USER CONTENT; OR (d) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE
IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
20. AGE RESTRICTIONS ON USE OF THE SITE
By using this site, you represent that you are at least the age of majority in your country, state, province, or location of residence, or that you are the age of majority in your country, state, province, or location of residence and you have given us your consent to allow any of your minor dependents to use this site.
YOU MUST NOT SUBMIT ANY INFORMATION ABOUT YOU TO US IF YOU ARE UNDER THE AGE OF 18, OR ABOUT ANY OTHER PERSON WHO IS EITHER UNDER THE AGE OF 18; OR IF THEY ARE AGED 18 OR ABOVE, WHERE YOU HAVE NOT RECEIVED THEIR PRIOR WRITTEN CONSENT TO SUBMIT INFORMATION ABOUT THEM TO US.
21. GOVERNING LAW, JURISDICTION
22. COPYRIGHT AND CREDIT
23. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Parfum de Azalea, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Message and Data rates may apply.
Message frequency will vary. MVX reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. MVX also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. MVX, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree MVX and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Parfum de Azalea through any other programs you have joined until you separately unsubscribe from those programs.
Text the keyword HELP to our shortcode to return customer care contact information.
If you are experiencing any problems, please email us at email@example.com and describe the issue in detail.
24. Dispute Resolution
(b) Notice; Process. If you or MVX intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). MVX address for Notice is: 7190 W Sunset Blvd #31, Los Angeles, CA 90046, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and MVX will make good faith efforts to resolve the claim directly, but if you and MVX do not reach an agreement to do so within 30 days after the Notice is received, you or MVX may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or MVX must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.