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TERMS & CONDITIONS

TERMS AND CONDITIONS

Welcome to the AP by Annalisa Peretti Website www.apannalisaperetti.com! These terms and conditions (“Terms”) govern and apply to anyone accessing or using the Site and any other websites owned and/or operated by Fashion Skyline Incorporated (including any of its subsidiaries or corporate affiliates, collectively, “AP by Annalisa Peretti,” “we,” “us” or “our”) and any of their associated web pages (collectively, “Services”).

By accessing or using the Services, and/or purchasing any products through the Services, you represent, warrant, understand and agree: (i) to accept, comply with, and be bound by these Terms; (ii) that you have the right, authority, and capacity to abide by these Terms; (iii) to comply with all applicable laws, rules and regulations concerning your access to and use of the Services; and (iv) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or another applicable jurisdiction. Certain services may be subject to additional terms, guidelines or rules, and those additional terms will become part of these Terms when you use those services.

 Right to Change

WE RESERVE THE RIGHT TO UPDATE OR MODIFY THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE AND FOR ANY REASON. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OR ACCESS ANY PART OF THE SERVICES. ANY ACCESS OR USE OF THE SERVICES BY YOU AFTER THE CHANGES GO INTO EFFECT SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THESE TERMS.

We further reserve the right, at any time and for any reason, to: modify, suspend or discontinue the Services or any portion thereof, with or without notice; charge fees, modify and/or waive any fees in connection with the use of the Services; and/or offer opportunities to some or all users of the Services. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. In the event of such modification, suspension or termination of Services, the restrictions imposed on you herein, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms, shall each survive such termination.

Site Content

 The Services, and all features and materials on the Services, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by AP by Annalisa Peretti.

The Contents may contain omissions, errors, or may be out of date. We reserve the right, in its sole discretion, to change, delete, update, modify or otherwise alter the Contents at any time, and for any reason, without providing notice to you. The Contents are provided for informational purposes, only, and are not binding on us in any way except as specifically indicated to be so.

The Site may contain links to other websites that are not under the control of AP by Annalisa Peretti. We have no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. If you use the links, you will leave the Site and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for the convenience and information of the Service’s users. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES.

Use of Services

The Services and the Contents are intended to promote AP by Annalisa Peretti products and services available in the United States. You agree to only access or use the Services solely for legal purposes as allowed by these Terms. International users should note that they must agree to comply with all applicable local laws regarding privacy, online conduct and acceptable use and content.

You may download or copy the Contents and other downloadable materials displayed on the Site solely for personal, non-commercial use. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. Among other things, you may not reproduce publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Services. Your submission of personal information through the Services is governed by our Privacy Policy. These Terms incorporate by reference the terms and conditions of the Privacy Policy.

For any portion of the Services that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.

 

Intellectual Property

AP by Annalisa Peretti and all related names, logos, products and related names, designs and slogans are trademarks of Fashion Skyline Inc. The Services as a whole and any part of the Contents thereon are protected by copyright, trade dress, and/or trademark laws of the United States, as well as international treaties, conventions and the laws of other countries, as applicable. Any use of the Contents, except as specifically provided in these Terms, is strictly prohibited. Except as may be expressly permitted by us, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license or sell any part of the Contents obtained from, through or on this Site, in whole or in part.

For more information on the trademarks of Fashion Skyline Inc, please contact us at info@apannalisaperetti.com

Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Submissions

We are pleased to hear from users and welcome comments regarding our Services. If you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that AP by Annalisa Peretti may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you send to us. We shall be under no obligation to maintain any Comments in confidence, to pay compensation for or to respond to any Comments. We have the right, but not the obligation to monitor, edit and/or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You are solely responsible for any Comments you make and their accuracy, and we take no responsibility and assume no liability for any Comments posted by you.

Terms of Sale; Risk of Loss

By placing an order with us, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute our acceptance of an order. We retain the right to refuse any request made by you. Prior to our acceptance of an order, verification of information may be required. If payment has already been made or if your account has already been charged for the purchase, and the order is cancelled, we shall credit your account in the amount of the incorrect price.

We make every effort to display as accurately as possible the colors of our products that appear on the Services; however, the color that you will see for each item will depend on many factors, including the resolution of your computer, and we cannot guarantee that your computer will accurately display the colors of each item.

The prices displayed on the Site are quoted in U.S. Dollars, unless otherwise indicated. Certain products are available exclusively online through the Site. These products may have limited quantities. All prices and products advertised are subject to change, and are available while supplies last.

Please see our webpage and all related webpages for other terms of sale, including, but not limited to, information on Shipping, Returns and Exchanges, which are hereby incorporated by this reference. The risk of loss and title for product(s) purchased by you pass to you upon our delivery of the product(s) to the carrier.

DISCLAIMER AND LIMITATION OF LIABILITY

Disclaimer. AP BY ANNALISA PERETTI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION, SERVICES AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SERVICES, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR ANY OTHER WEBSITE(S) OF AP BY ANNALISA PERETTI OR ANY THIRD PARTY WEBSITES, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENTS, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SERVICES, PRODUCTS, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL PRODUCTS SOLD BY AP BY ANNALISA PERETTI ARE SUBJECT TO APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, AP BY ANNALISA PERETTI MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS MAY EXPRESSLY BE STATED HEREIN. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, PRODUCTS, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS SITE, COMMENTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS SERVICES OR LINKED TO FROM THIS SERVICES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability. IN NO EVENT SHALL AP BY ANNALISA PERETTI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM OR CONNECTED IN ANY WAY WITH THE SERVICES, CONTRIBUTIONS, MATERIALS, CONTENT, COMMENTS, PRODUCTS, SERVICES, SOFTWARE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THIS SERVICES OR ANY THIRD-PARTY WEBSITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, AP BY ANNALISA PERETTI‘S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES OR PURCHASE OF ANY PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50 IN THE AGGREGATE.
  1. ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL OTHER USE OF THE SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
  1. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

 

Indemnity

You agree to indemnify, defend and hold harmless AP by Annalisa Peretti, its third-party vendors, manufacturers, agents, legal representatives, distributors, corporate affiliates, officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorney’s fees, (a) made by any third party due to or arising out of any Contents submitted, posted, or otherwise provided by you to the Services, AP by Annalisa Peretti and/or its third party licensors, licensees or advertisers, and/or (b) resulting from your breach of any provision of these Terms, any warranty you provide herein, or otherwise arising in any way out of your use of the Services or purchase of the products or services therefrom. We reserve the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses.

You agree that monetary damages may not provide a sufficient remedy for violations of these Terms, and you consent to injunctive or other equitable relief for such violations.

General Legal Notices

These Terms, your and our rights and obligations, and all actions contemplated by these Terms will be governed by the laws of the State of California, U.S.A., without regard to conflicts of laws principles, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Los Angeles, California, U.S.A., for all disputes arising out of or relating to accessing or using this Services. Access to or use of this Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable attorneys’ fees and costs. No joint venture, partnership, employment or agency relationship exists between you and AP by Annalisa Peretti as a result of these Terms or use of the Services.

If any provision in these Terms is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Our performance of these Terms is subject to existing laws and legal process, and nothing contained in this these Terms is in derogation of our right to comply with law enforcement requests or requirements.

All rights not expressly granted herein are hereby reserved. These Terms are the entire and final agreement regarding your access to the Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

INFORMAL DISPUTE RESOLUTION

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and us agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to:

The Fraser Firm, 420 N. Camden Drive Beverly Hills, 90210 Email: keith@fraserfirm.com

Notice to you will be sent at your last-used billing address or the billing and/or shipping address in your online profile. Both you and AP by Annalisa Peretti agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

WAIVER OF RIGHT TO BRING CLASS ACTIONS AND REPRESENTATIVE CLAIMS

Any and all actions shall proceed on an individual basis, and any relief must be individualized to you and shall not affect any other customer. You and AP by Annalisa Peretti agree that each may bring claims against the other only in your or their respective individual capacities, and in so doing you and AP by Annalisa Peretti hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind.