Terms of Service

La Pinche Vanidad Website Terms of Service

 

The lapinchevanidad.com is owned by La Marisoul Inc. Company offers use of its website ("Website") according to these Terms of Service.  Use of Company website constitutes the user’s acceptance of these Terms of Service and this Agreement. Company reserves the right to modify these terms without notice.  User must diligently review the Terms of Service.  User’s continued use of Website or any of its services constitutes acceptance the these terms and any modification thereof.  

 

THESE TERMS OF AGREEMENT GOVERN YOUR USE OF THIS SITE: READ THEM!

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, LEAVE THIS WEBSITE IMMEDIATELY AND DO NOT MAKE ANY PURCHASES. THESE TERMS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT WARNING OR NOTICE. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE TO THESE TERMS. READ THESE TERMS FULLY AND READ THEM OFTEN.

 

License and Site Access

Company grants user a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with express written consent of Company. Any unauthorized use terminates the permission or license granted.  Company reserve the right to refuse registration or use of anyone for any lawful reason and specifically for the violation of any of these Terms of Service or any laws.  Any unauthorized use, in Company's sole determination, terminates this license and access may denied temporarily or permanently. 

 

Age Requirements

User warrants that user is at least 18 years of age, or at least 13 years of age with parental permission. 

 

Intellectual Property

Company reserves all rights to its trademarks, its name, website, logo, and all other forms of intellectual property whether in existence now or in the future. Content included on this site, such as text, graphics, icons, images, audio clips, and videos is the property of Company and is protected by United States and international copyright laws. As a visitor and user of this site, you confirm that you will not violate or infringe upon any intellectual property rights.  Occasionally Company may post third party links or material. In that event, Company shall credit the proper parties, and you as a user, still agree not to infringe upon any intellectual property rights. If you are a third party and you feel this website infringes upon your rights, please see the DMCA Notice Procedure below. 

Users specifically agree not to allow access to unauthorized users or to post, repost, broadcast, or otherwise disseminate any information on this website whether it is contained in the public or private areas of the website.

 

Trademarks

The term “La Pinche Vanidad” and its logo, as well as “La Marisoul” are pending approval at the United States Patent and Trademark Office.  Company maintains a common law claim to all of its marks used on this site and may update its marks to show that they are Registered when that time arises.

 

License and Site Access

Company grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company. Any use of product listings, descriptions, pictures, or prices require prior written approval. No company or website may use Company’s name or trademarks in any type of metadata, meta tags or "hidden text" without express, prior written approval. Any unauthorized use terminates the permission or license granted. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of lapinchevanidad.com. However, the link cannot portray Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. Company has the right to make the sole determination as to whether your use of the link breaches any part of this license, and you agree with Company’s exclusive discretion in this regard. You may not use any of Company’s intellectual property such as proprietary graphics or logos, as part of the link without express written permission.

 

Unauthorized Use

Unless specifically authorized by Company in writing, User may not use this Website or service as a means or venue to do any of the following:

  • Solicit business;
  • Send unsolicited email (SPAM);
  • Hack into computers, networks or otherwise gain electronic access to instruments, servers, storage, devices, hardware, and the like;
  • Harass, threaten, bully, defame, invade privacy, or put the safety of any individual or entity in question;
  • Conduct, contrive, plan or perform illegal activities of any kind;
  • Exploit unauthorized, accidental, or incidental access to private information;
  • Or any other use that is not customary or one should reasonably know is not the purpose of this website.

 

Cookies

User may refuse to accept cookies by activating the setting on its browser which allows it to refuse the setting of cookies.  However, if user selects this setting, user may be unable to access certain parts of this Website.  Unless user adjusts its settings so that its browser will refuse cookies, this Website may issues cookies when entering the site and user consent to use of such cookies.

 

Electronic Communications

By filling out the contact form with your information, you are communicating with Company electronically.  By taking such action, you consent to receive electronic communications from Company.  Specifically, you grant and give permission for Company to send you emails periodically. When you receive such emails, if you no longer wish to receive them, you will have the opportunity to opt of receiving future emails. Additionally, you accept and understand that all agreements, notices, disclosures and other communications that we provide to you electronically can serve as a valid conformity with the Statute of Frauds or any other situation that requires a written agreement or communication.

 

Privacy Policy

When a user seeks access the private content of this site, the user must pay the proscribed fee.  In collecting such payment, Company must collect sensitive information such as a customer’s credit card, home address, and email address.  Company does not sell or share any of this information with any third parties.  

Company does not save or store any credit card information and we take many precautions in order to protect this information. 

To be clear, whether information is collected in the payment process or elsewhere, Company does not sell personal or private information to third parties.

In the process of placing an order, Company may collect sensitive information such as a customer’s credit card, home address, and email address.  Company do not sell or share any of this information with any third parties.  

 

Company does not save or store any credit card information and it takes many precautions in order to protect this information.

 

DMCA Notice Procedure

Company respects the intellectual property rights of others. Company puts forth reasonable efforts to insure that its site does not infringe upon the intellectual property rights of others.  If you believe that material on the Website infringes against your intellectual property, please send the following information to EMAIL ADDRESS:

 

  • A description of the intellectual property that is being infringed upon;
  • A description of the location of the infringing property—hyperlink works best;
  • Your name, address, telephone number, and email address;
  • A statement that you believe in good faith that the material is not authorized for use by the intellectual property owner, its agent, or under the law;
  • A statement by you, made under penalty of perjury, that the above information is true and correct and that you are the intellectual property owner or an authorized person acting on behalf of the intellectual property owner; and
  • An electronic signature of the person attesting to the truth of the notice.
  • Once a DMCA takedown notice is received, Company will investigate the claim and take the steps in deems necessary in order to remove the infringing material.

 

No Guarantees

Company makes no warranties regarding the safety, fitness for a particular purposes, abilities, functions or the like regarding use of its website or services. USERS VOLUNTARILY USE SITE AT THEIR OWN RISK. The site and all information, content, materials, products, and services included or otherwise made available to users is provided by Company on an “as is”  and “as available” 

basis.

 

Risk of Loss

All items purchased from Company are made pursuant to a shipment contract. This means the title passes to you once we deliver the product to a common carrier.  Thus, if the product is damaged during shipping, you agree that Company is not liable for any loss during transit, and you have no course of action, legal or otherwise against Company for such loss.

 

Product Descriptions

No product description should be taken as completely accurate or suitable for any need you may have personally.  If you would like a more accurate description of the product, please contact customer service before making any purchase.  Company makes NO WARRANTY for fitness for a particular purpose, workman like quality, merchantability, or suitability to you specific needs or expectations.

 

Pricing and Discounts

All prices are subject to change.  All promotions are subject to end at anytime unless stated otherwise. Company reserves the right to modify, alter, or change the length of any promotion.

 

Return Policy

Company seeks to provide a high level of customer satisfaction.   Most of our items have a 14 day money back guarantee as long as the product is returned in its original packaging in a “brand new” condition unless noted otherwise.  If you wish to return a product, you must first contact Customer Service and receive a Return Number.  Once Company receives and inspects the returned item, funds will be refunded to the purchasing account assuming product is received by Company in a brand new condition.  You are responsible for the costs of return shipping unless the product is defective.  

 

If you feel your product is defective and you seek an exchange for the same item, contact Customer Service to receive a Return Number.  Company will replace your defective product with a new one once it is received by Company. 

 

Company does not accept any returns or exchanges after 14 days from purchase.  Defective items may be returned up to 30 days after purchase. Failure to return items within the required time limits relinquishes your ability to return an item.

 

Company does not accept any returns on Limited Edition or Clearance items.

 

Shipping

Company makes diligent efforts to ship your product promptly once we receive your order and payment clears.  However, Company makes no warranty of timeliness for receipt of your order.

 

Because your agreement with Company is a shipment contract, any damage that occurs during the shipping process is a matter between you and the shipping carrier.  Company will make reasonable efforts to assist you in pursuing any claim that may arise with your shipping carrier.

 

Chargebacks

In the event of a chargeback, insufficient funds, or credit limit overages, you authorize Company to charge you the total costs and fees of all chargebacks plus $25 and the total amount of products you purchased.

 

Downtime

This Website may be temporarily down from time to time for maintenance or other issues.  Company shall not be responsible for any losses or damages resulting from user's inability to access the Website. In the event of downtime, users shall not be entitled to a refund for access to any services that may be temporarily unavailable. 

 

Miscellaneous Terms

Governing Law and Venue 

Any dispute relating in any way to your visit to lapinchevanidad.com, or Company’s products or services in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $10,000, shall exclusively be arbitrated.  Company shall have sole ability to choose a single arbitrator from JAMS.  Such arbitration shall take place in Los Angeles County, California, and you consent to exclusive jurisdiction and venue. The prevailing party may recover reasonable attorney fees and costs of the arbitration, including arbitration fees.

For claims in which the aggregate total is less than $7,500, a small claims court located in Los Angeles County, California shall be the exclusive venue and means of remedy.  The prevailing party may recover reasonable attorney fees.

 

Severability  

If any court finds any provision of this Agreement invalid or unenforceable, it shall not void any other legal, valid, and enforceable provision of this Agreement. The remainder of this Agreement shall be interpreted so as best to affect the intent of the Parties.

 

Waiver 

The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights. No provisions in this Agreement shall be deemed to have been waived by any act, acquiescence, or omission by either Party.  Waiver may only take place in the event of a written modification signed by an authorized agent of each Party.

 

Limitation of Liability from Third Parties

Company may at times use third parties to assist in providing its services such as, including but not limited to hosting, payment processing and/or links to outside websites.  User agrees to hold Company free and harmless from any damages that arise as a result of third party service providers.

 

Agreement

By using Company website or any Company services, user agrees to all terms within this Terms of Service.  This shall not prevent user from agreeing to additional agreements or terms.

 

 

Site Policies and Modification

We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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