TERMS OF SERVICE
TERMS OF SERVICE
1. User Accounts and Eligibility
The Site and Services are available only to users who can form legally binding contracts under applicable law. By using the Site or Services, you represent and warrant that you are at least eighteen (18) years of age.
[In order to access or use some of the features of the Site or Services, you will be required to fill out our sign up form and create a user account. You represent and warrant that all information you submit is accurate, current and complete, and that you will keep your user information accurate, current and complete. You are solely responsible for the activity that occurs on your user account, whether authorized by you or not. Alejandra Alonso Rojas will not be liable for any loss you incur due to any unauthorized use of your user account. Alejandra Alonso Rojas in its sole discretion, reserves the right to reject or change the name of any user Account that violates any intellectual property, moral, or other rights of individuals and/or entities or violates our Terms of Service.
If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your user account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
2. Our Content and Grant of Limited License
All content available through this Site or Services (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Alejandra Alonso Rojas, its principals, licensors or content providers, and is protected by copyright, trademark and other applicable U.S. and foreign laws.
Alejandra Alonso Rojas grants you a limited license to access and make personal use of this Site or Services. Unless indicated to the contrary, you may access, copy, download and print the content available on this Site or Services for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content. Alejandra Alonso Rojas or its principals, licensors or content providers retain full and complete title to the content available on the Site or Services, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Alejandra Alonso Rojas’ sole discretion. Alejandra Alonso Rojas strictly prohibits any other use of any content available through the Site, including but not limited to:
any downloading, copying or other use of the content or the Site for purposes competitive to Alejandra Alonso Rojas or for the benefit of another vendor or any third party;
any caching, unauthorized linking to the Site or the framing of any content available on the Site;
any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party);
any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or
any action that imposes or may impose (in Alejandra Alonso Rojas’ sole discretion) an unreasonable or disproportionately large load on Alejandra Alonso Rojas’ infrastructure, or damage or interfere with the proper working of our infrastructure.
3. User Content
You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. [You may not upload to, distribute or otherwise publish through this Site or Services any content that:
is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. of foreign laws;
may contain software viruses or malware;
contains advertisements or solicitations of any kind, or other commercial content;
is designed to impersonate others;
contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
contains messages by non-spokesperson employees of Alejandra Alonso Rojas purporting to speak on behalf of Alejandra Alonso Rojas or containing confidential information or expressing opinions concerning Alejandra Alonso Rojas;
contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
contains multiple messages placed within individual folders by the same user restating the same point;
contains chain letters of any kind; or
contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message.
You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.
With respect to any content you submit or make available through the Site, you grant Alejandra Alonso Rojas a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Alejandra Alonso Rojas.
We reserve the right to [refuse or cancel any person’s registration for this Site, remove any person from this Site and] prohibit any person from using the Site or Services for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which A Alejandra Alonso Rojas may be entitled, at law or in equity.
5. Copyright Infringement
Alejandra Alonso Rojas has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). You are hereby informed that Alejandra Alonso Rojas has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of website users or Alejandra Alonso Rojas members who are repeat copyright infringers. Alejandra Alonso Rojas may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts and/or memberships of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Alejandra Alonso Rojas’ Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has 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;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and, if available, email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Alejandra Alonso Rojas’ agent for notice of claims of copyright or other intellectual property infringement can be reached via mail at the following address:
Alejandra Alonso Rojas
Attn: Copyright Agent
95 Greene Street, 2F
New York, NY 10012
6. Links to Third-Party Websites
The Site or Services may contain links to third-party websites that are not owned or controlled by Alejandra Alonso Rojas. These links are provided solely as a convenience to you and do not constitute an endorsement by Alejandra Alonso Rojas of the content on such websites nor of the business practices of those operating those websites. Alejandra Alonso Rojas has no control over and assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. Alejandra Alonso Rojas is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
7. Disclaimer of Warranties
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, OR AS REQUIRED BY APPLICABLE LAW, A MOI MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF THE SITE OR SERVICES, ANY CONTENT ON THE SITE OR SERVICES, OR ANY PRODUCTS PURCHASED THROUGH THE SITE OR SERVICES, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOUR USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR SERVICES OR ANY FEATURE OR PART THEREOF AT ANY TIME. A MOI DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THE SITE OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
8. Limitation Of Liability
THE PROVIDERS WHOSE PRODUCTS ARE AVAILABLE ON THE ALEJANDRA ALONSO ROJAS SITES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF A MOI. A MOI IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE OR SERVICES AND PURCHASE AND USE OF THE PRODUCTS AVAILABLE THROUGH THE A MOI SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE AND/OR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER A MOI NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS (“A MOI GROUP”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE OR SERVICES, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY PRODUCTS MADE AVAILABLE OR PURCHASED THROUGH THE A MOI SITES, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (4) ANY DELAY OR INABILITY TO USE THE SITE OR SERVICES OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (5) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (6) ANY USE OF THE SITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF A MOI GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER A MOI NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH A MOI IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND A MOI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
To the maximum extent permitted by applicable law, by accessing and using the Site you agree to defend, indemnify and hold Alejandra Alonso Rojas, its subsidiaries, affiliates, partners, agents, licensors, consultants, experts, directors, officers, employees and other parties with which Alejandra Alonso Rojas is under contract, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from: (i) your use of and access to the Site or Services; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right; (iv) fraud you commit, or your intentional misconduct or gross negligence; (v) your violation of any applicable U.S. of foreign law or the rights of a third party. Alejandra Alonso Rojas will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Alejandra Alonso Rojas. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of the Site or Services.
10. Purchase Information
Orders. Alejandra Alonso Rojas may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Alejandra Alonso Rojas deems appropriate in its sole discretion. Alejandra Alonso Rojas also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Alejandra Alonso Rojas will either not charge you or refund the charges for orders that we do not process or cancel. If an item is mispriced, Alejandra Alonso Rojas will notify you by email. In addition, Alejandra Alonso Rojas reserves the right, at its sole discretion, to correct any error in the stated full retail price. All prices are quoted in US Dollars, and DO NOT INCLUDE import duties, VAT and other applicable taxes.
Modifications. Once an order has been placed, we are unable to make any modifications to the order including cancellations.
Product Descriptions. Alejandra Alonso Rojas attempts to provide accurate descriptions of products available for purchase. Alejandra Alonso Rojas does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the Alejandra Alonso Rojas Sites is not as described, your sole remedy is to return the item, as specified herein.
Product Availability. We cannot guarantee that items listed for sale will be available as inventory is subject to change daily. In the event a product is out of stock, a user will be given the option to special order the product by filling out our special order form (“Special Order Feature”). Orders placed through our Special Order Feature are not guaranteed and may take up to 3 to 8 weeks process.
Payment. Payment is due and payable to Alejandra Alonso Rojas immediately upon sale and shall be remitted by (add payment options) providing your debit or credit card information, you hereby authorize Alejandra Alonso Rojas, or our credit card processors, to charge your card for the total cost of your purchase, and you agree to be responsible for all associated charges. You represent and warrant that all information you provide in connection with a purchase will be accurate, current and complete.
Orders placed Monday through Friday (excluding holidays) before 3:00pm EST will be processed that day. Other orders will be processed the following business day. Please note that shipping times may vary due to availability of merchandise.
For domestic and International orders, customers will receive shipping confirmation as well as a tracking number for their order via email once an order ships. This tracking number will allow you to check on the delivery status of your order.
We offer free shipping on all of our domestic as well as International orders. The customer will be responsible for Import duties, VAT and other applicable taxes on international orders.
For packages returned due to failed delivery attempt (after the first delivery attempt), we charge an additional shipping fee to reship the package, in addition to any costs incurred due to return service and delivery charges. An additional fee of $10.00 USD will be assessed for orders that require modifications or change of address after the order has been placed. Please take this into consideration when selecting your shipping address for an order.
All domestic and International returns require a Return Authorization Number (“RA#”) which can be obtained by email request sent to firstname.lastname@example.org.
We offer free return shipping on all of our domestic as well as International orders. The customer will be responsible for Import duties, VAT and other applicable taxes on international orders.
Domestic and International orders may be returned within 14 days of receipt if a user is not satisfied with the item. All items for return must be unworn, unaltered, unwashed and must have all original tags attached and must be in their original packaging (if applicable). We will issue you a full refund for returns made in compliance with the above.
If an item is damaged, defective or sent in error, we will send you a replacement at no extra charge to you and/or pay for any return shipping.
Items returned COD will not be accepted. All items marked as “Final Sale” are not eligible for return.
Once a return has been received and accepted, a credit or refund will be processed within 5 to 7 business days. Customers will be notified via email when the return is complete.
Please follow the instructions included in your invoice and include your RA#. Securely pack and seal the merchandise to be returned in an appropriate box or envelope and send back using the return shipping label sent you by email@example.com. You will get this shipping return label when you request the Return Authorization Number (“RA#”).
Alejandra Alonso Rojas
95 Greene Street, 2F
New York, NY 10012
13. Sales Tax
The sales tax quoted at time of checkout is only an estimate. The final total sales tax will be reflected on your invoice and will include state and local taxes, as well as any applicable rebates or fees. We are currently obligated to collect sales tax in New York. Each state's tax laws specify what purchases are subject to sales tax.
14. U.S. Export Laws and Compliance with Local Laws
This Site and Services are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). By using the Site and Services, you agree to comply with all U.S. Export Laws. Alejandra Alonso Rojas makes no representation or warranty that the content available on this Site or Services are appropriate in every country or jurisdiction, and access to this Site or Services from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or Services are responsible for compliance with all local laws, rules and regulations.
Governing Law/Dispute Resolution. This Agreement shall be governed by the laws of the State of New York, without giving effect to any principles that may provide for the application of the laws of another jurisdiction. Any controversy or claim (except those regarding intellectual property) arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided however, that each party will have a right to seek injunctive or other equitable relief in a court of law. The prevailing party will be entitled to receive from the nonprevailing party all costs, damages and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in connection with that action or proceeding, whether or not the controversy is reduced to judgment or award. The prevailing party will be that party who may be fairly said by the arbitrator(s) to have prevailed on the major disputed issues. user hereby consents to the arbitration in the State of New York, in the county of New York.
Non-Assignment. You may not assign or transfer its rights or obligations under this Agreement, whether by operation of law or otherwise, without our prior written consent.
Modifications to this Agreement. You acknowledge and agree that Alejandra Alonso Rojas may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes
Notices. For contractual purposes, user consents to receive communications from Alejandra Alonso Rojas in electronic format and agrees that all communications electronically received from Alejandra Alonso Rojas will satisfy the legal requirement that such communications be in writing, if any. The foregoing does not affect user’s statutory rights.
Force Majeure. Alejandra Alonso Rojas shall be excused from performance under these Terms of Service, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Alejandra Alonso Rojas. In the event that Alejandra Alonso Rojas is temporarily unable to ship to you a purchased item because of such an event, Alejandra Alonso Rojas will give you the option of deferring shipment or receiving a refund of your charges.
Contact Information. If you have any questions about this Agreement, please contact us via email at firstname.lastname@example.org] or regular mail at the following address:
Alejandra Alonso Rojas
95 Greene Street, 2F
New York, NY 10012
Copyright © 2013, Alonso USA Fashion LLC. All Rights Reserved.