Welcome to our online store. We provide its services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use our service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they are incorporated into this Agreement by this reference. We reserves the right to change this site and these terms and conditions at any time.
Use of Site:
You represent and warrant that you are at
least 18 years old or visiting the Site under the supervision of a parent or
guardian. Subject to the terms and conditions of this Agreement, we
hereby grants you a limited, revocable, non-transferable and
non-exclusive license to access and use the Site by displaying it on your
internet browser only for the purpose of shopping for personal items sold on
the Site and not for any commercial use or use on behalf of any third party,
except as explicitly permitted in advance. Any breach of this Agreement shall
result in the immediate revocation of the license granted in this paragraph
without notice to you.
Except as permitted in the paragraph above,
you may not reproduce, distribute, display, sell, lease, transmit, create
derivative works from, translate, modify, reverse-engineer, disassemble,
decompile or otherwise exploit this Site or any portion of it unless expressly
permitted in writing. You may not make any commercial use of any of the
information provided on the Site or make any use of the Site for the benefit of
another business unless explicitly permitted in advance. we reserves the right
to refuse service, terminate accounts, and/or cancel orders in its discretion,
including, without limitation, if we believes that customer conduct violates
applicable law or is harmful to our interests.
You shall not upload to, distribute, or
otherwise publish through this Site any Content, information, or other material
that (a) violates or infringes the copyrights, patents, trademarks, service
marks, trade secrets, or other proprietary rights of any person; (b) is
libelous, threatening, defamatory, obscene, indecent, pornographic, or could
give rise to any civil or criminal liability under U.S. or international law;
or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other
harmful code or properties. We may assign you a password and account
identification to enable you to access and use certain portions of this Site.
Each time you use a password or identification, you will be deemed to be
authorized to access and use the Site in a manner consistent with the terms and
conditions of this Agreement, and we has no obligation to investigate the
authorization or source of any such access or use of the Site.
You will be solely responsible for all
access to and use of this site by anyone using the password and identification
originally assigned to you whether or not such access to and use of this site
is actually authorized by you, including without limitation, all communications
and transmissions and all obligations (including, without limitation, financial
obligations) incurred through such access or use. You are solely responsible
for protecting the security and confidentiality of the password and
identification assigned to you. You shall immediately notify any unauthorized
use of your password or identification or any other breach or threatened breach
of this Site’s security.
New Users Subscribed By Default to
Newsletter.
Notice: we can ship from different
warehouses. For orders with more than item, we may split your order into
several packages according to stock levels at our own discretion. We will
process orders according to the dispatch time indicated on the website. If the
item has not been shipped based on this estimation, we will offer the customer
a solution via the Support Center. If the customer contacts us before this we
will act according to their requests and our policy. Thank you for your
understanding.
Reviews and Comments
Except as otherwise provided elsewhere in
this Agreement or on the site, anything that you submit or post to the site
and/or provide, including, without limitation, ideas, know-how, techniques,
questions, reviews, comments, and suggestions (collectively, “Submissions”) is
and will be treated as non-confidential and nonproprietary, and by submitting
or posting, you agree to irrevocably license the entry and all IP rights
related thereto (excluding the moral rights such as authorship right) to our
site without charge and we shall have the royalty-free, worldwide, perpetual,
irrevocable, and transferable right to use, copy, distribute, display, publish,
perform, sell, lease, transmit, adapt, create derivative works from such
Submissions by any means and in any form, and to translate, modify,
reverse-engineer, disassemble, or decompile such Submissions. All Submissions
shall automatically become the sole and exclusive property and shall not be
returned to you and you agree not to raise any dispute in connection with any
use of the entry in the future.
You warrant that your Submissions, in whole
or in part, are clear and free of any IP right infringement, disputes or third
party claims. we assumes no liability for any misuse of copyright or any other
rights of third parties by you. You undertake to defense for and indemnify the
Sponsor against any losses caused due to the use of the entries for any
purposes.
In addition to the rights applicable to any
Submission, when you post comments or reviews to the site, you also grant us
the right to use the name that you submit with any review, comment, or other
Content, if any, in connection with such review, comment, or other content. You
represent and warrant that you own or otherwise control all of the rights to
the reviews, comments, and other Content that you post on this site and that
use of your reviews, comments, or other Content will not infringe upon or
violate the rights of any third party. You shall not use a false e-mail
address, pretend to be someone other than yourself, or otherwise mislead or
third parties as to the origin of any Submissions or Content. but shall not be
obligated to remove or edit any Submissions (including comments or reviews) for
any reason.
Copyright
All text, graphics, photographs or other
images, button icons, audio clips, logos, slogans, trade names or word software
and other contents on the website (collectively, “Content”), belongs
exclusively to our site or its appropriate content suppliers. You may not use,
reproduce, copy, modify, transmit, display, publish, sell, license, publicly
perform, distribute or commercially exploit any of the Content or otherwise
dispose of any of the Content in a way not permitted, without our’s express
prior written consent. The use of data mining, robots, or similar data
gathering and extraction tools as well as the use of our trademarks or service
marks in meta-tags is strictly prohibited. You may view and use the Content
only for your personal information and for shopping and ordering on the site
and for no other purpose. The collection, arrangement, and assembly of all
content on this site (the “Compilation”) belong exclusively to us. You may not
use our Content or Compilation in any manner that disparages or discredits us
or in any way that is likely to cause confusion or violation of any applicable
laws or regulations. All software used on this Site (the “Software”) is the
property and/or its Software suppliers. The Content, the Compilation and the
Software are all protected under state, national and international copyright
laws. All rights not expressly granted are reserved. Violators will be
prosecuted to the full extent of the law.
We recognizes and respects all copyrights
and trademarks. As such, any usage of television, motion picture, music, film
festival or other names or titles have no connection to us and are the sole
property of the copyright or trademark holders. Our dresses are inspired by
celebrity style and are our recreations of item’s worn by the celebrities on
your favorite television shows and the red carpet, however they are not
authorized, endorsed by, or connected to these shows in any way and are not
meant as infringements of any registered trademarks or copyrights.
Intellectual Property
Infringement Policy
It is the policy to take appropriate action
where necessary to uphold and recognize all relevant State, Federal and
International laws in connection with material that is claimed to be infringing
any trademark, copyright, patent and all or any other Intellectual Property
laws. If you are an intellectual property rights owner and you believe that our
sells, offers for sale, or makes available goods and/or services that infringe
your intellectual property rights, then send the following information in its
entirety to us
Information required
1. An electronic or physical signature of
the person authorized to act on behalf of the owner of an exclusive that is
allegedly infringed;
2. A description of the allegedly
infringing work or material;
3. A description of where the allegedly
infringing material is located on the site (product(s) URL);
4. Information reasonably sufficient to
allow us to contact you, such as your address, telephone number and e-mail
address;
5. A statement by you that you have a good
faith belief that the disputed use of the material is not authorized by the
copyright or other proprietary right owner, its agent, or the law;
6. Identification of the intellectual
property rights that you claim are infringed by the Website(e.g. “XYZ
copyright”, “ABC trademark, Reg. No. 123456, registered 1/1/04”,etc);
7. A statement by you that the above
information and notification is accurate, and under penalty of perjury, that
you are the copyright owner or authorized to act on behalf of the owner whose
exclusive right is allegedly infringed.
Termination and Effect of
Termination
In addition to any other legal or equitable
remedies, we may, without prior notice to you, immediately terminate the
Agreement or revoke any or all of your rights granted under this Agreement.
Upon any termination of this Agreement, you shall immediately cease all access
to and use of the site, in addition to any other legal or equitable remedies,
immediately revoke all password(s), and account identification issued to you
and deny your access to and use of this Site in whole or in part. Any
termination of this Agreement shall not affect the respective rights and
obligations (including without limitation, payment obligations) of the parties
arising before the date of termination.
Order Acceptance
Please note that there may be certain
orders that we are unable to accept and must cancel. we reserves the right, at
sole discretion, to refuse or cancel any order for any reason. Some situations
that may result in your order being canceled include limitations on quantities
available for purchase, inaccuracies or errors in product or pricing
information, or problems identified by our credit and fraud avoidance
department. We may also require additional verifications or information before
accepting any order. We will contact you if all or any portion of your order is
canceled or if additional information is required to accept your order.
Both parties agree that, following order
dispatch, transportation is the sole responsibility of the third-party
logistics provider. During this stage, full ownership of the product(s) belongs
to the buyer; all associated liability and risks during transportation shall be
borne by the buyer. All orders reported as “delivered” by shipping companies
are considered delivered. we cannot be made liable of non-delivery in this
case.
Typographical Errors
While we strives to provide accurate
product and pricing information, pricing or typographical errors may occur. We
cannot confirm the price of an item until after you order. In the event that an
item is listed at an incorrect price or with incorrect information due to an
error in pricing or product information, we shall have the right, at our sole
discretion, to refuse or cancel any orders placed for that item. In the event
that an item is mis-priced, we may, at our discretion, either contact you for
instructions or cancel your order and notify you of such cancellation.
Pricing in Different Currencies
Pricing of products sold by us is based
upon figures calculated in U.S. Dollars (US$). Prices displayed in other
currencies are converted from U.S. Dollars according to the most up to date
conversion rates. Due to fluctuating currency values, prices displayed in
non-U.S. denominations of currency on the Site, other than on the individual
product page, may not be the most current. Areas of the Site where non-U.S.
denominations of currency might be inaccurate include, but are not limited to,
promotional banners, promotional pages, and information on product category
pages. The price displayed on an individual product page, regardless of
currency denomination, is the current price you are liable to pay to us,
excluding shipping.
Under this agreement, the payment
processing services for goods and/or services purchased on this website are
provided by ZAMBITIOUS. S.L,a Spanish company, having its registered office
LEFT DOOR, 2ND FLOOR, BLOCK C, SAN BENITO STREET 1, 03013 ALICANTE/ALACANT,
ALICANTE.
In the event you choose to pay with credit
card and the payment will be processed via a European Acquirer, these terms are
an agreement between you and ZAMBITIOUS. S.L. For any other type of purchases,
these terms are an agreement between you and ZAMBITIOUS. S.L and goods and/or
services will be delivered by ZAMBITIOUS. S.L directly.
Arbitration
Where the parties fail to settle dispute
within 30 days after such dispute occurs, they agree to submit such dispute to
International Economic and Trade Arbitration Commission (the “SCIA”) for
arbitration which shall be conducted in accordance with the Commission’s
arbitration rules in effect at the time of applying for arbitration. The
arbitral awards are final and binding upon both parties.
Applicable Law
These conditions are governed by and
construed exclusively under Spanish law without regard to conflicts of laws
principles.
Links
This site may contain links to other sites on
the Internet that are owned and operated by third parties. You acknowledge that
here is not responsible for the operation of or content located on or through
any such site.
Remedies
You agree that our remedy at law for any
actual or threatened breach of this Agreement would be inadequate and that we
shall be entitled to specific performance or injunctive relief, or both, in
addition to any damages that we may be legally entitled to recover, together
with reasonable expenses of any form of dispute resolution, including, without
limitation, attorneys’ fees.
No right or remedy of we shall be exclusive
of any other, whether at law or in equity, including, without limitation,
damages injunctive relief, attorneys’ fees and expenses.
No instance of waiver of its rights or
remedies under these terms and conditions shall imply any obligation to grant
any similar, future or other waiver.
Order Cancelation
Please note that packed or shipped orders
cannot be canceled or changed. Only orders that are paid, processing or
partially shipped may be modified. Please contact our dedicated customer
service team as soon as possible if you would like to cancel a shipped order.
Our agents will help you the best they can, however, if an order cannot be
canceled, please accept the package and refer to our warranty page.
Customer Code of Conduct
We are always here for our customers and
will do our best to resolve all issues to customer’s satisfaction in a polite,
professional and amicable way. Thus, we will not tolerate any unacceptable or
unreasonable behavior towards our Customer Service Team members.
Unacceptable behavior directed towards
Customer Service staff or we may, for example, include but not be limited to
any of the following:
– Aggressive, abusive and threatening
behavior. Examples include: any and all direct or implied threats on any
communication channel; intimidating language; personal and verbal abuse;
sexist, racist, homophobic, or derogatory remarks; rudeness; inflammatory
statements; swearing; and unsubstantiated allegations.
– Persistently making habitually demanding
or vexatious complaints, despite the matter having been fully addressed;
similarly, repeating complaints persisting despite reasonable and fair
solutions being offered in accordance with our policies.
– Asking, expecting or demanding staff to
breach established company policy guidelines, e.g. refund amount, time-frame,
special compensation, etc.; similarly, seeking an unrealistic outcome beyond
the scope of our own policies and procedures. By default, the refund amount
cannot exceed the original order amount paid to us.
– Repeatedly changing the nature (or focus)
of a complaint or the desired outcome, part way, after a formal response has
been provided.
– Excessive number of complaints compared
to the total purchase value history. Including opening an excessive number of
Live Chat or tickets.
For such behavior, complainants may be
advised and formally notified of the following:
– Their language is considered offensive,
abusive, threatening, and wholly unacceptable.
– They must refrain from using such
language, intimidation, and threats.
– There will be no further exchange of
correspondence on the matter if they persist with this behavior.
– We reserve the right to no longer accept
orders from the customer in the future without further notice.”
The Complaint Escalation
Process
This process applies strictly to Customer
Service issues. For separate legal issues such as copyright, please refer to
our legal window here :
If the customer is dissatisfied with the
solution offered by our Customer Service, the customer may contact our Customer
Service Supervisor by submitting a new ticket in “submit a formal complaint”
section as follows:
Contact us > Submit a formal complaint.
Please contact us within 3 months from the
shipment date if you still have not received your package when shipped via
standard, flat rate or priority shipping. For Latin America this deadline is
extended to 4 months for postal deliveries. All expedited delivery issues must also
be reported within 3 months from the shipment date. After this period, we will
no longer be able to offer compensation. Kindly note that packages shown as
delivered on the shipping courier’s website by expedited shipping method are
exempt from this policy.
We respond to all complaints within 24
hours except on weekends and public holidays.