Terms And Conditions
Effective date: November 26,2020
Thank you for visiting the Anahit Originals website (this "website"). This website is owned and operated by Anahit Fstkchian,17216 Saticoy St. #369, Lake Balboa, CA 90046 ("we," "us," or "the Company").
Because of the nature of the Internet and our desire to provide you with an enjoyable and helpful visit, it is important to advise you of the rules that apply to your use of our website and ask that you read them carefully. This document (these "Terms and Conditions") is a legally binding agreement between you (including the organization that you represent, if any) and the Company. When you visit or shop at this website you automatically agree to be bound by these Terms and Conditions.
If you have any questions you may contact us by email at firstname.lastname@example.org
This website may only be used by individuals and entities who can form legally binding contracts. No person under the age of 18 may use this website without the permission and supervision of a parent or legal guardian. Your use of this website will be deemed to be a representation that you are 18 years of age or older or using this website with the permission of your parent or legal guardian. By using this website on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of this website constitutes that third party’s acceptance of these Terms and Conditions. In addition, if you have been previously prohibited from accessing this website or the website of any of our affiliates, you are not permitted to access this website.
2. Account Security
(a) Account Creation. You may create your own account by completing the online registration process on this website. In doing so, you must provide us with accurate and complete registration information and update it if this information changes. It is particularly important to keep the email address associated with your account current because, although you may be able to log into this website using an old email address, you will not be able to receive messages from us.
(b) Account Use. Following registration, we will create an account for you and assign you, or allow you to select, a password. You must keep your password confidential. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password may have been used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of this website if we believe that your password is being used without your permission or otherwise in a manner that may disrupt this website.
4. Copyright and Trademarks
(a) Ownership. All content of this website, including, but not limited to, artwork, graphics, images, illustrations, photographs, text, video, audio clips, logos, and designs are the intellectual property of the Company, its affiliates, or third parties who have licensed the materials to us. All content is protected by copyright, trademark, trade dress, and other intellectual property laws of the United States and other countries. This website in its entirety including, without limitation, the design, layout, selection, coordination, and enhancement of the content, is protected by copyright and trade dress laws. All worldwide right, title, and interest is reserved.
(b) Permitted Use. This website and its contents are intended solely for your personal, non-commercial use in order to view and purchase Products (as defined below) and participate in the programs that we offer (the "Permitted Use") and subject to these Terms and Conditions, you may use this website only for the Permitted Use. You may not access, use, download, copy, reproduce, publish, distribute, modify, or create derivative works from, sell, or exploit in any way the contents of this website, or any related software, or any part thereof for any other purpose whatsoever. You may download or electronically copy and print any page contents displayed on this website for the Permitted Use only and no rights to those materials are transferred to you by such copying. Software used on this website is the property of the Company or its licenses and is protected by United States and international copyright laws.
5. Terms of Sale
The following terms apply to your purchase of the products offered on this website ("Products")
(a) Purchasing Products. This website invites you to make us an offer to buy the Products shown on the pages. Your order is an offer to buy some of those goods, which we accept only by shipping the Products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason.
(b) Product Descriptions. We attempt to describe Products, including their colors, as accurately as possible; however, the appearance of Products may vary because of the quality of your monitor and for other reasons. We also make no guarantees with respect to the accuracy, completeness, reliability, or currency of our Product descriptions.
(c) No Commercial Use. Products are sold for the personal and household use of our customers. We reserve the right to prohibit sale of Products to users who we believe are using Products for commercial purposes or reselling them.
(d) Returns and Exchanges. All sales are final. We do not accept any returns or exchanges. We will gladly accept cancelation of your order by email request within 48 hours of purchase. Email your request to email@example.com.
(e) Availability and Pricing Products offered for sale on this website are for sale only in the United States and all prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices on this website. If a Product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
(f) Transfer of Title and Risk of Loss/Damage. Title to and the risk of loss/damage of all Products passes from us to you at the time we deliver the Products to the common carrier for shipment. By purchasing Products on this website for shipment, you are asking us to engage a common carrier to deliver your order. We reserve the right to choose any and all procedures, packaging and the common carrier of sold Products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.
(g) Taxes. Some items do not include any applicable taxes or surcharges. Your order conformation will contain an estimate of taxes due on your transaction. The final calculation will be made upon shipment. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
6. Third-Party Services and Links
If we provide any content from third parties or "links" to third-party websites, such content and websites are provided for informational purposes only and we cannot and do not investigate their legitimacy, validity, accuracy, safety, or legality. Any concerns regarding or issues relating to such content or websites (including the goods or services offered on them) must be directed to the owner of that content or website, and you must comply with the terms of service of such third party in using their website. We will not be liable in any way for any loss, damages, liability, or expenses (such as attorneys’ fees) that you may incur arising from or related to third-party content or websites.
7. Modification & Termination
(a) Modification. The Company may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of this website, temporarily or permanently, at any time without notice to you. If you do not agree with any changes made to this website, you may elect not to use or visit this website.
(b) Termination. We reserve the right to immediately terminate your right to use this website or your account at any time and for any reason, with or without notice. If you have an account, you may terminate your account for any reason at any time by providing notice to us of your intention to do so, subject to these Terms and Conditions. If your account is terminated, the Company may, in its sole discretion, delete any content or materials relating to your use of this website. Following termination, you will not be permitted to use this website. If your account or your access to this website is terminated, the Company reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to this website. Regardless of whether you have the right to access or use this website, these Terms and Conditions will survive indefinitely unless and until we choose to terminate them.
8. Warranties; Disclaimer; Limitation of Liability
(a) NO WARRANTIES. THIS WEBSITE AND, EXCEPT AS PROVIDED ABOVE, PRODUCTS ARE PROVIDED "AS AVAILABLE" AND "AS IS" TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY (AS DEFINED BELOW) DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT ANY PRODUCTS WILL BE IN STOCK, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR PROMISES, OR THAT PRODUCTS WILL NOT BE LOST OR DAMAGED IN SHIPMENT.
(b) USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THIS WEBSITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE PRODUCTS OR THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. THE COMPANY WILL NOT BE LIABLE FOR: (I) YOUR ABILITY OR INABILITY TO UPLOAD OR DOWNLOAD ANY USER CONTENT ONTO THE IMAGE GALLERY; (II) TECHNICAL PROBLEMS OR MALFUNCTIONS THAT AFFECT THE IMAGE GALLERY OR VIEWING OF THE USER CONTENT; (III) LOST, FAULTY, ILLEGIBLE, DISTORTED, JUMBLED, GARBLED, DELAYED, OR INTERCEPTED OR OTHERWISE UN-RECEIVED, USER CONTENT OR DATA TRANSMISSIONS. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THIS WEBSITE, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. PACKAGING, LABELS AND INSTRUCTIONS MAY CONTAIN MANUFACTURER DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT APPLY TO THE PRODUCTS YOU PURCHASE. THE COMPANY MAKES ALL DISCLAIMERS IN THIS PARAGRAPH ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS.
(c) NO CONSEQUENTIAL DAMAGES. IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL THE COMPANY, ITS PARENT, AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY "THE COMPANY" FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THIS WEBSITE OR PRODUCTS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. THE COMPANY WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS, LOSS OF REVENUE, OR LOSS OF GOOD WILL.
(d) OUR LIABILITY IS LIMITED. IN ANY EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT(S) TO WHICH THE CLAIM RELATES.
9. General Terms
(a) Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding this website, please send an email to firstname.lastname@example.org .You may also contact us by writing to Attn: Customer Care, 17216 Saticoy St. #369, Lake Balboa, CA 91406. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
(b) Force Majeure. We will not be liable for failing to perform resulting directly or indirectly by the occurrence of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to perform, fire, acts of terrorism, natural disaster or war.
(c) No Waiver; Severability. No waiver of any term of these Terms and Conditions will be binding unless in writing, no waiver of any term of these Terms and Conditions will be deemed a further or continuing waiver of such term or any other term. The failure of the Company to exercise or enforce any right or remedy in these Terms and Conditions does not waive that right or remedy, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms and Conditions. The provisions of these Terms and Conditions are intended to extend only to the fullest extent permitted by applicable law. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms and Conditions to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions will remain in full force and effect.
(d) Miscellaneous. These Terms and Conditions (including the documents referenced herein) contain the entire understanding between you and us regarding this website and supersedes all prior and contemporaneous agreements and understandings regarding its subject matter. These Terms and Conditions will be binding upon each party and its successors and permitted assigns. These Terms and Conditions and all of your rights and obligations under them will not be assignable or transferable by you without the prior written consent of the Company. The Company may freely assign these Terms and Conditions, in whole or in part. The parties are independent contractors, and no agency, partnership, joint venture, and/or employee-employer relationship is intended or created by these Terms and Conditions.