Welcome to Vowmerin.com (the “Site”).
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
PREAMBLE
These General Terms and Conditions of Sale (hereinafter "GTC") are entered into exclusively between (1) in its capacity as publisher of the website Vowmerin.com, a service of VOWMERIN, the exclusive holder of the online license to operate the Vowmerin brand (hereinafter referred to as Vowmerin), and (2) any person making a purchase on the website Vowmerin.com (hereinafter referred to as the "Customer").
The Customer hereby formally declares that they are a private individual, a natural person, not a professional or merchant, that they are of legal age or have parental authorization, and that they have full legal capacity to enter into a contract and place an online order on the website Vowmerin.com (hereinafter, VOWMERIN).
The Customer and VOWMERIN jointly agree that Their relationship is governed exclusively by these General Terms and Conditions of Sale.
In this regard, the Customer acknowledges that any order validated by "double-clicking" implies irrevocable acceptance of these General Terms and Conditions of Sale. This validation by the Customer, combined with the authentication and non-repudiation procedures and the protection of message integrity, constitutes the unequivocal expression of the Parties' intent, who are thus deemed signatories to the distance selling agreement.
VOWMERIN reserves the right to adapt or modify these General Terms and Conditions of Sale at any time. Each order will be deemed to have been placed according to the terms of the General Terms and Conditions of Sale in effect on the date it is placed on the Vowmerin.com website, the date the General Terms and Conditions of Sale are published online being considered the effective date.
For any questions relating to an online purchase, the Customer can contact VOWMERIN Customer Service
– either directly on the website, via the contact forms by accessing their personal space in the "My Account" section,
or by mail to the following address: customerservice@Vowmerin.com
GENERAL
By using the web site, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use this Site.
The Terms and Conditions of Use may be changed at any time without prior notice. We will make changes by modifying our Site and will post a notice about the modification on our Site. Your continued access to and use of the modified Site conclusively demonstrates your acceptance of those changes.
DESCRIPTION OF SERVICE
Vowmerin provides users with access to any array of products, a services, and on-line resources, including, various communications tools, online forums, shopping services, and other content. You understand and agree that the service is provides “as is.”
PRODUCT INFORMATION
The prices displayed at the Site are quoted in United States Dollars .
COLORS
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
DISCOUNTS AND DISCOUNT CODES
Promotions & Discount Codes - Terms & Conditions
Discount codes and multi-buy promotions
In the event of a partial return where items purchased as part of the promotional offer is returned, the promotional offer will be deemed invalid. The customer will be required to pay the full price of the item(s) they keep and the refund amount will be be the difference between the promotional price paid and the full price of the item(s) retained.
Welcome Discount - 10% off first order
This offer entitles you to 10% off your first purchase, only eligible for new subscribers to the Vowmerin newsletter (the “Offer”). The Offer will expire once it has been redeemed. The Offer is valid to customers purchasing directly from Vowmerin.com. To redeem Offer, enter the promotional code at the online checkout (redeemable once per customer). Offer applies to full price items only and cannot be combined with multibuy or bundle offers. Offer excludes delivery charges, gift packaging and gift cards. Offer cannot be used in conjunction with any other promotional codes. Offer may not be applied retrospectively or in combination with any other offer or discount. Vowmerin reserves the right to terminate or change the Offer without notice.
VOWMERIN’S PROPRIETARY RIGHTS
All material contained on this Site, unless otherwise indicated, is protected by law, including, but not limited to, United States copyright, trade secret (for password protected areas), and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Vowmerin does not grant any express or implied right(s) to Users of this Site. Please be aware that Vowmerin actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The contents of this Site are © 2016 The Vowmerin . All Rights Reserved. Removing or altering the copyright notice on any material on this Site is prohibited. Vowmerin also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination and arrangement of the Site’s content.
The trademarks Vowmerin®, Vowmerin™, Vowmerin™, and all other names, logos, and icons identifying Vowmerin products and services are proprietary marks of Vowmerin. Other product and company names mentioned herein may be the trademarks of their respective owners.
COPYRIGHT STATEMENT
This Site is the property of The Vowmerin. and is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Site, as well as the trademarks, product names, graphics, logos, service names, slogans, colors and designs of our company.
The Site may contain materials posted by third parties. If you believe that any materials on this Site infringe any copyright or other intellectual property interest, please provide Vowmerin’s Copyright and Intellectual Property Agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property interest that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
(f) 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 other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.
Vowmerin’s Copyright and Intellectual Property Agent for Notice of claims of copyright or other intellectual property infringement on the Site can be reached as follows:
Phone: 13297996127
E-Mail: postmaster@vowmerin.com
UNSOLICITED SUBMISSIONS
We are pleased to hear from our users and welcome your comments regarding our products and services. Our long-standing company policy, however, does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as scarf designs, artwork, clothing designs, etc. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, artwork, designs, suggestions or materials (unless specifically requested by us) via a contest or other program.
If, at our request, you send certain specific submission (e.g., scarf designs to enter a contest), the submissions shall be governed by the particular rules applicable to that specific request (e.g., contest rules).
FORUMS AND PUBLIC COMMUNICATION
Forum means a chat area, message board, or email function offered as part of the Site. If you participate in any Forum within the Site, you must not:
Defame, abuse, harass or threaten others;
Make any bigoted, hateful or racially offensive statements;
Advocate illegal activity to discuss illegal activities with the intent to commit them;
Post or distribute any material that infringes and/or violates any right of a third party or any law.
Post or distribute any vulgar, obscene, discourteous, or indecent language or images;
Advertise or sell to, or solicit others;
Use the Forum for commercial purposes of any kind;
Post or distribute any software or other materials which contain a virus or other harmful component; or
Post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.
It is our policy to respect the privacy of all users. For further information, please click here to read our Privacy Policy.
We will not monitor, edit, or disclose the contents of a customer’s email unless (a) you authorize us to do so, (b) we must do so in order to resolve technical problems on any Site; (c) unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or an investigation, subpoena, court order, or legal process on us; (2) protect and defend our rights in property; (3) act in an emergency to protect the safety of our users. Users shall remain solely responsible for the content of their messages.
We reserve the right to remove or edit content from any Forum at any time for any reason.
By uploading materials to any Forum or submitting unsolicited materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.
DISCLAIMER
While Vowmerin endeavors to provide the most accurate, up-to-date information and materials available, the information and materials available on this site may include inaccuracies or typographical errors. Moreover, Vowmerin may make modifications and/or changes in this site or in the information and materials available on this site at any time, for any reason.
In no event shall Vowmerin be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this site or with the delay or inability to use this site, or for any information and materials available on this site, or otherwise arising out of the utilization of this site, whether based in contract, tort, strict liability, or otherwise, even if Vowmerin has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS OF ANY SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAIABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INDEMINIFICATION
You agree to indemnify and hold Vowmerin, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post transmit, or make available through the Service, your use of our Service, your connection to our service, your violation of the Terms and Conditions of Use, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of this Service, use of the Service, or access to the Service.
LINKS
The Site may provide, or third parties may provide, links to other sites or resources. Because Vowmerin has no control over such external sites and resources, you acknowledge and agree that Vowmerin is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such sites or resources. You further acknowledge and agree that Vowmerin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, or services available on or through any such site or resource.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FORM THE USE OF, OR THE INABILITY TO USE, OUR SITE OR MATERIALS AND FUNCTIONS OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXLCUSION OF LIABILITY OR INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXLCUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THAT AMOUNT PAID BY YOU, FOR ACCESSING ANY SITE.
ENFORCEMENT OF TERMS AND CONDITIONS
These terms and conditions are governed and interpreted pursuant to the laws of the State of New York, excluding its conflict of laws principles, excluding the United Nations Convention on Contracts for the International Sale of Goods, and also excluding the 1974 Convention on the Limitation Period in the International Sale of Goods (the “1974 Convention”) and the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. If any part of these terms and conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.