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TERMS AND CONDITIONS OF SALE
Introduction
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INDIGO VIBRATION an online shop that is accessible at the following address: http://www.shopindigovibration.com
A detailed description of each INDIGO VIBRATION Product is available on the Website.
The online sale process described in these Terms and Conditions relates to your purchase of the INDIGO VIBRATION Products from the Website. INDIGO VIBRATION Products are only available for purchase by individual consumers exclusively for their own account and personal use. INDIGO VIBRATION Products may not be sold or resold following purchase from the Website.
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1 - SCOPE OF APPLICATION
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The terms and conditions apply to each of your orders for INDIGO VIBRATION Products that are sold through our Website and purchased by you, for a delivery within the United States.
The terms and conditions provide you with important information regarding the conditions and detailed methods under which INDIGO VIBRATION proceeds with the sale and delivery of the Products ordered and defines the rights and obligations of the Parties. We ask you to read them carefully.
You can access these terms and conditions at any time on our Website and the terms and conditions may be printed or stored electronically.
We may amend these terms and conditions occasionally in our sole discretion and the latest version of the terms and conditions will be posted on the Website. However, the terms and conditions applicable to your Order are those accepted by you when placing your Order.
By placing an Order through the Website, you confirm that you have read these terms and conditions before placing an Order review and accept the terms and conditions as well as the Legal Notice, personal information, and the Terms of Use for the Website. These documents constitute the entire agreement between you and INDIGO VIBRATION.
These terms and conditions do not govern the provision of services, or the sale of Products by entities other than INDIGO VIBRATION, even in cases where those services or Products are presented on the Website via links, banners or other hypertext links. Before placing an Order and/or purchasing Products and services from entities other than INDIGO VIBRATION, you are invited to check the terms and conditions of sale applied by such entities. INDIGO VIBRATION will not be held liable for the provision of services or sale of Products by third parties.
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2 – IDENTIFICATION OF THE SELLER
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The INDIGO VIBRATION Products are sold by INDIGO VIBRATION LLC, a Virginia limited liability company.
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3 - ORDERS
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You can choose the INDIGO VIBRATION Products that you wish to Order from the Website.
Limitations
Where permitted by law, we reserve the right to limit the quantities of INDIGO VIBRATION Products that we supply, and/or to refuse any Order for any reason including Orders that appear to us to be unusual, designed to permit resale of INDIGO VIBRATION Products, fraudulent Orders or Orders placed in “bad faith”. We reserve the right to refuse any Order from a client with whom there is a dispute concerning a previous Order such as payments, return, etc.
INDIGO VIBRATION is also able to refuse service or Products to anyone for any reason in-person or online.
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4 - PRICE
The price of the INDIGO VIBRATION Products is stated in U.S. Dollars, excluding sales, use and other taxes.
Unless otherwise specifically stated, prices do not include shipping costs, which are invoiced in addition to the price of the Products that you have purchased. Shipping costs are specified on the Website and are subject to revision or modification at times. These shipping charges may be waived for purchases over a certain value.
We pay the closest attention to the accuracy of the prices on our Website. However, in the case of an error on our part and subject to applicable law, we reserve the right to not provide the INDIGO VIBRATION Products where the posted price was posted incorrectly. In such case, should you have already paid your Order, you will receive an immediate refund corresponding to the amount paid.
We can modify the prices listed on our Website at any time and without prior notice. However, subject to the foregoing provision regarding a manifest pricing error, such modified prices will only be applied to new Orders made after the price change and will not affect the pricing on Orders that have already been placed.
Upon confirmation of your Order, you will receive an email with the confirmed price paid for each Product purchased, giving details of the price of each item, and where applicable, the shipping costs charged.
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5 - CONDITIONS OF PAYMENT
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All payments are taken in U.S. Dollars.
Payments through the Website can be made:
Using a Paypal, By bank card: debit or credit card (Visa, Mastercard, American Express, China Union Pay, Discover, Diners Club, JCB)
Your bank card will be charged as soon as your Order (or Pre-Order) has been dispatched.
For payment by bank card, you confirm that you are the holder of the bank card and that your name is indeed featured on said card. You will have to provide the numbers and expiry date featured on the front of the card, together with the CVC number shown on its back (or front).
All credit and debit card information are encrypted using current industry standards (including the SSL protocol) (confirmed by the appearance of the “https” in the address displayed by your navigator).
In order to fight fraud and abusive usage of payment means, INDIGO VIBRATION or its service providers may store and automatically process information concerning each Order, including but not limited to the bank card information or electronic wallet ID, but at all times consistent with the security norm of the last’s version of PCI-DSS. INDIGO VIBRATION and its service providers reserve the right to track fraudulent activity including transactions that are declined.
Although our transactions are conducted in U.S. Dollars, if your bank card is in a foreign currency, some bank card providers charge additional fees for foreign money transfers and bank card transactions in foreign currencies. You should confirm the applicability of any fees before placing your Order with us. INDIGO VIBRATION will not be liable for additional charges associated with foreign currency transactions.
If the amount owed cannot be charged or debited for any reason whatsoever (objection, refusal by issuing center, etc.), the Order will be immediately cancelled, and the online purchasing process will be terminated.
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6 – SHIPPING AND DELIVERY
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Your INDIGO VIBRATION Products will be delivered to the shipping address specified in your Order. Except for specific circumstances or the unavailability of one or more INDIGO VIBRATION Products, all INDIGO VIBRATION Products in the same Order will be sent as part of one delivery.
We only deliver INDIGO VIBRATION Products to your (or an individual designated by you, for a gift for ex.) permanent place of residence or workplace anywhere in the United States, excluding US Territories and Puerto Rico. No deliveries will be made to hotels or post office boxes.
Deliveries will be made to the address that was entered when the Order was placed, when the payment for the Order amount has been recorded.
Orders are delivered within the time period indicated by INDIGO VIBRATION on the Cart. However, please note that these delivery dates are given on an indicative basis (depending on the delivery address) and therefore non-binding.
If, at the time of delivery, the exterior appearance of the package is not perfect,
You can refuse the delivery only at the time Product is out for delivery. Our shipping partner will then return the package to our warehouse, and the Order shall be cancelled. You will be refunded.
Please note that you will not be able to take recourse against our shipping partner or INDIGO VIBRATION, unless you have complied with the above requirements.
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7 - TRANSFER OF OWNERSHIP
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The transfer of ownership of the INDIGO VIBRATION products will only occur after full payment of the purchase price.
The risk of loss for the INDIGO VIBRATION Products will transfer to you upon delivery of the INDIGO VIBRATION products at the delivery address that you have provided.
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8 - RETURNS
We want you to be fully satisfied with your purchases, but INDIGO VIBRATION does not accept any returned purchases.
In the case you receive a defective Product please email us at shopindigovibration@gmail.com for a replacement. If there is not a replacement for the same Product, an offer to exchange for a different item for equal price.
All defective Products may be replaced free of charge.
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9 - INFORMATION
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For any information, concerning these terms and conditions, you can contact by email: shopindigovibration@gmail.com
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10 – PROTECTION OF PERSONAL DATA
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Please refer to our Privacy Policy and Personal Data Policy.
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11 - INTELLECTUAL PROPRERTY
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INDIGO VIBRATION trademarks, figurative or non-figurative trademarks, illustrations, visuals, logos appearing on the INDIGO VIBRATION products, accessories, or packaging, whether it may be protected by copyright or not, are exclusively owned by INDIGO VIBRATION. All parts of the logo is the property of INDIGO VIBRATION. The logo design as well as the words are not to be replicated on any clothing, accessories, or shoes. Any reproduction, whether total or partial, modification or use made of such trademarks, illustrations, images and logos, for any reason whatsoever and on any support whatsoever, made without express prior consent from INDIGO VIBRATION, is strictly prohibited.
Also prohibited is any combination or conjunction with any other trademark, symbol, logo, and, more generally, any distinctive mark intended to create a composite logo. This is also the case for any copyright, designs and patents which are the property of INDIGO VIBRATION.
The use of all or part of the Website, particularly downloading, reproduction, communication or representation, for any purpose other than personal and private use for non-commercial purposes, is strictly prohibited. Any person who breached these provisions is then exposed to the sanctions defined by applicable law including with respect to breach of copyright and trademark rights.
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Use and view of the site is solely for purposes of purchasing or reviewing INDIGO VIBRATION products and not for any commercial use or for use with, or on behalf of, any third party. You may not reproduce, redistribute, publish or otherwise use by electronic or any other means any part of shopindigovibration.com or any content including pictures and videos without INDIGO VIBRATION's prior written consent.
You may not use shopindigovibration.com in any manner that interferes with our normal operations or with the use and enjoyment of another user. You may access the shopindigovibration.com and the content provided only through the user interface provided by us. You agree to use the site and the services only for their intended lawful purpose and in accordance with all applicable laws.
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12 – SIGNATURE AND EVIDENCE
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INDIGO VIBRATION takes measures to ensure that security is guaranteed in relation to the personal information of its customers. Clients must also have a role to play in the protection of your personal data. You must keep your online transactions secure by, for example, never disclosing identifiers such as your email address and/or passwords. INDIGO VIBRATION cannot therefore be held liable regarding the disclosure of your information to any individual having used your identifier email address and/or password. The user of your identifier email address and/or password will be taken as proof of identity and render the corresponding amounts due, once the Order has been validated. INDIGO VIBRATION shall not under any circumstances be held liable regarding the fraudulent use of such information. Provision of a bank card number and the final validation of the Order will be taken as evidence of acceptance of the said Order and render due the amounts committed by the entry of the products making up the Order.
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13 – FORCE MAJEURE
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The performance by INDIGO VIBRATION of all or part of its obligations will be suspended upon the occurrence of an event of force majeure which would impede or delay such performance.
INDIGO VIBRATION will inform you of the occurrence of any such fortuitous event or event of force majeure.
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14 - LIABILITY - WARRANTY
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TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL KENZO BE LIABLE FOR ANY INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED ON THE WEBSITE, THEIR USE OR MISUSE, WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY WILL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THIS AGREEMENT OR ANY FUNDAMENTAL BREACH OF THIS AGREEMENT. THIS TERM MAY BE VOID, INAPPLICABLE OR UNENFORCEABLE IN WHOLE OR IN PART IN THE STATE OF NEW JERSEY.
KENZO’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURY AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED ON THE WEBSITE AND ANY USE MADE THEREOF WILL BE LIMITED TO ALL FEES PAID BY YOU TO KENZO FOR THE PURCHASE OF SUCH PRODUCTS.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING ANY OF THE FOREGOING AND EXCEPT AS OTHERWISE PROVIDED IN WRITING, ANY PRODUCTS SOLD TO YOU ARE ON AN “AS IS” BASIS, WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE; HOWEVER, BECAUSE SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATIONS, OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

