The following General Terms and Conditions of Sale govern the sale
of merchandise by Angelys Balek, LP and Angelys Balek, LLC, (the
“Provider”,”us”,or”we”) to you through the US section of
angelysbalek.com (“US Site”). The US Site is available only for
purchases made and delivered within the United States. Your use of
the US Site to purchase merchandise indicates your agreement to
follow and to be bound by these General Terms and Conditions of
Sale.
1.ORDERS & PRODUCTS
All orders are subject to e-mail confirmation by us. Please note that
the products displayed on the US Site may be out –of-stock or
discontinued, and availability is not guaranteed. Please note that
while we have tried to accurately display the colors of products, the
actual colors you see will depend on your monitor and may not be
accurate.
2. PRICES
All prices are in US Dollars. Prices may change without notice from
time to time. The total amount due is inclusive of sales tax applied in
accordance with applicable state and local regulations. The
applicable sales tax amount is indicated on the payment page of the
cart.
The amount of sales tax charged on your order will depend upon
various factors, including type of item purchased, sales price and
destination of the shipment. Sales tax regulations may change
between the time you place an order and the time of credit card
charge authorization and this may affect the calculation of sales
taxes. The amount appearing on your payment page of the cart may differ from the sales taxes ultimately charged as indicated in the
invoice you will receive with the shipping confirmation e-mail.
All prices are inclusive of customs and import duties.
3. SHIPPING COSTS
You are responsible for the shipping costs associated with the
delivery of the products you purchased on the US Site as specified on
your order confirmation.
4. SHIPMENT AND DELIVERY
You bear all risks of loss and damage to the products from the time
they have cleared our fulfillment house. Delivery is deemed
complete and title to the products passes to you upon acceptance of
shipment by a common carrier.
5. RETURNS AND REFUNDS
Please refer to our Returns and Refund policy, which forms an
integral part of these General Terms and Conditions of Sale.
6. BINDING AGREEMENT
Our order confirmation, these General Terms and Conditions of Sale,
the Terms of Use, and the Return Policy shall be deemed the final
and integrated agreement between you and us on the matters
contained in these General Terms and Conditions of Sale.
7.GOVERNING LAW AND CHOICE OF FORUM
The laws of the State of New York (without giving effect to its
conflicts of law principles) govern all matters arising out of or relating
to these General Terms and Conditions of Sale, including, without
limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in
connection with these General Terms and Conditions of Sale shall be
brought solely in the City of New York, State of New York.
8. DISCLAIMERS AND LIMITATIONS OF LIABILITY
THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN
THE angelysbaled.com US SITE NOR AS TO THE MERCHANDISE BEING
SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE
LAW, THE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR
IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE
MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. THE
PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THE US SITE, INCLUDING BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND
CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
9. SEVERABILITY
If any provision of these General Terms and conditions of Sale is
determined to be invalid, illegal or unenforceable, the remaining
provisions of these General Terms and Conditions of Sale remain in
full force to the extent permitted by law.
10.PRIVACY
The terms and conditions of the our Privacy Policy, govern the processing of all personal data collected from you
in connection with your purchase of products through the US Site.
11. FORCE MAJEURE
Provider shall not be liable for any delay or failure in performance
caused by circumstances beyond its reasonable control.
12. Errors and inaccuracies
Our goal is to provide complete, accurate, and up-to-date
information on our website. Unfortunately, it is not possible to
ensure that any website is completely free of human or technological
errors. This website may contain typographical mistakes,
inaccuracies, or omissions, some of which may relate to pricing and
availability, and product information. We reserve the right to correct
any errors, inaccuracies or omissions, including after an order has
been submitted, and to change or update information at any time
without prior notice.
TERMS OF USE
Welcome to our web site. By using our site, you agree to comply with
and be bound by the following terms and conditions (this
“Agreement”). Please review the Agreement carefully. If you do not
agree to this Agreement, you should not use this site. The term
“Angelys Balek”, “us”, “we” or “our” refer collectively to Angelys
Balek, LLC and Angelys Balek, LP, the legal names of the owners of
www.angelysbalek.com (the “Site”). The term “you” refers to the
user or viewer of our Web Site.1. ACCEPTANCE OF AGREEMENT
You agree to the terms and conditions outlined in this Agreement with
respect to the Site. We encourage you to also read our General
Terms and Conditions of Sale, our Privacy Policy and our Return
Policy, which are made a part of this Agreement by reference.
This Agreement constitutes the entire and only agreement between
us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with
respect to the subject matter of this Agreement. This Agreement
may be amended at any time by us from time to time without
specific notice to you. The latest Agreement will be posted on the
Site, and you should review this Agreement prior to using the Site.2.
COPYRIGHTThe content, organization, graphics, design, and
compilation of the Site are protected under applicable copyrights,
trademarks and other intellectual property rights. The copying,
redistribution, use or publication by you of any Content and
Materials (as hereinafter defined) or any part of the Site, except as
allowed by Section 4 below, is strictly prohibited. You do not acquire
ownership rights to any Content and Materials viewed through the
Site. The posting of information or materials on the Site does not
constitute a waiver of any right in such information and materials.
Some of the content on the site may be the copyrighted work of
third parties.3. TRADEMARK“Angelys Balek” is our trademark.4.
LIMITED LICENSE; PERMITTED USESYou are granted a non-exclusive,
non-transferable, revocable license (a) to access and use the Site
strictly in accordance with this Agreement; (b) to use the Site solely
for internal, personal, non-commercial purposes; and (c) to print out
discrete information from the Site solely for internal, personal, non-
commercial purposes and provided that you maintain all copyright
and other policies contained therein. 5. RESTRICTIONS AND
PROHOBITIONS ON USEYour license for access and use of the Site
and any information or materials (collectively defined as “Content
and Materials”) therein are subject to the following restrictions and
prohibitions on use: You may not (a) create compilations or
derivative works of any Content and Materials from the Site; (b) use
any Content and Materials from the Site in any manner that may
infringe any copyright, intellectual property right, proprietary right,
or property right of us or any third parties; (c) remove, change or
obscure any copyright notice or other proprietary notice or terms of
use contained in the Site; (d) use the Site for the purpose of
gathering information for or transmitting (1) unsolicited commercial
email; (2) email that makes use of headers, invalid or nonexistent
domain names, or other means of deceptive addressing; and (3)
unsolicited telephone calls or facsimile transmissions; (e) use the Site
in a manner that violates any state or federal law regulating email,
facsimile transmissions or telephone solicitations; or (f) use any
"deep-link" , "page-scrape", "robot", "spider" or other automatic
device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any
portion of the Website or any Content, or in any way reproduce or
circumvent the navigational structure or presentation of the Website
or any Content, to obtain or attempt to obtain any materials,
documents or information through any means not purposely made
available through the Website6. LINKING TO THE SITE You may
provide links to the Site, provided (a) that you do not remove or
obscure, by framing or otherwise, advertisements, the copyright
notice, or other notices on the Site, (b) your site does not engage in
illegal or pornographic activities, and (c) you discontinue providing
links to the Site immediately upon request by us.7. ERRORS,
CORRECTIONS AND CHANGESWe do not represent or warrant that
the Site will be error-free, free of viruses or other harmful
components, or that defects will be corrected. We do not represent
or warrant that the information available on or through the Site will
be correct, accurate, timely or otherwise reliable. We may make
changes to the features, functionality or content of the Site at any
time. We reserve the right in our sole discretion to edit or delete any
documents, information or other content appearing on the Site.8.
INDEMNIFICATIONYou agree to indemnify, defend and hold us and
our partners, agents, officers, directors, employees, subcontractors,
successors, assigns, advertisers, product and service providers, and
affiliates (collectively, “Affiliated Parties”) harmless from any liability,
loss, claim and expense related to your violation of this Agreement
or use of the Site.9. LIMITATION OF LIABILITY(a) We and any
Affiliated Party shall not be liable for any loss, injury, claim, liability,
or damage of any kind resulting in any way from (1) any errors in or
omissions from the Site or any services or products obtainable
therefrom, (2) the unavailability or interruption of the Site or any
features thereof, (3) your use of the Site, (4) the content contained
on the Site, or (5) any delay or failure in performance beyond the
control of an Affiliated Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES
IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO
THE SITE AND/OR THE PRODUCTS OR INFORMATION PROVIDED
THEREIN SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN
LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US
AND ANY AFFILIATED PARTY.10. LINKS TO OTHER WEB SITESThe Site
contains links to other Web sites. We are not responsible for the
content, accuracy or opinions express in such Web sites, and such
Web sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site does
not imply approval or endorsement of the linked Web site by us. If
you decide to leave our Site and access these third-party sites, you
do so at your own risk.11. INFORMATION AND PRESS RELEASESThe
Site may contain press releases about us. We disclaim any duty or
obligation to update any press releases. Information about
companies other than ours contained in any press release or
otherwise, should not be relied upon as being provided or endorsed
by us.12. LEGAL COMPLIANCEYou agree to comply with all applicable
domestic and international laws, statutes, ordinances and
regulations regarding your use of the Site and the Content and
Materials provided therein.13. MISCELLANEOUSThis Agreement shall
be treated as though it were executed and performed in the State of
New York and shall be governed by and construed in accordance
with the laws of the State of New York (without regard to conflict of
law principles). Any cause of action by you with respect to the Site
(and/or any information, products or services related thereto) must
be instituted within one year after the cause of action arose or be
forever waived and barred. All actions shall be subject to the
limitations set forth in Section 9. The language in this Agreement
shall be interpreted as to its fair meaning and not strictly for or
against any party. This Agreement and all incorporated agreements
and your information may be automatically assigned by us in our sole
discretion to a third party in the event of an acquisition, sale or
merger. If any provision of this agreement is held illegal, invalid or
unenforceable for any reason, that provision shall be enforced to the
maximum extent permissible, and the other provisions of this
Agreement shall remain in full force and effect. If any provision of
this Agreement is held illegal, invalid or unenforceable, it shall be
replaced, to the extent possible, with a legal, valid, and enforceable
provision that is similar in tenor to the illegal, invalid, or
unenforceable provision as is legally possible. To the extent that
anything in or associated with the Site is in conflict or inconsistent
with this Agreement, this Agreement shall take precedence. Our
failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor of the right to enforce such
provision. Our rights under this Agreement shall survive any
termination of this Agreement. The title, headings and captions of
this Agreement are provided for convenience only and shall have no
effect on the construction of the terms of this agreement. In the
event of any controversy or dispute between us and you arising out
of or in connection with your use of the Website, the parties shall
attempt, promptly and in good faith, to resolve any such dispute. If
we are unable to resolve any such dispute within a reasonable time
(not to exceed 30 days), then the parties shall be free to pursue any
right or remedy available to them under applicable law.