TERMS AND CONDITIONS
Effective IMMEDIATELY. Last Updated: March, 2020
PLEASE READ CAREFULLY
1.1 ACCEPTANCE OF THIS AGREEMENT. Welcome to www.kimiaarya.com. In order to access this site, you agree that you are at least the age of eighteen (18) and have reached the age of consent in your jurisdiction or residence, and you are not a minor in your state or residence. In order to access this site, you Accept, agree to and must comply with any and all of the terms and condition set forth on this Agreement, if not, please do not check the acceptance box or access this site or mobile app.
1.2 ACCURATE INFORMATION. You, “the user”, are responsible for providing accurate, current and complete personal information upon checkout and when requested throughout our website, mobile app and social media pages, and you will continue to keep this information current.
1.3 TERMINATION OF SERVICES. We are authorized to change, delete, modify and update the services and/or products offered on your website, mobile app and social media pages, from time to time, at our sole discretion without any prior notice to you.
2.1 PRODUCTS AND PAYMENTS. Our products are offered for sale through our website and mobile app. If you wish to purchase any of our products you will be redirected to an authorized third party that will collect your name, billing address, shipping address and credit card information, on our behalf. We are not responsible for collecting your personal information nor do we have access to your credit card information. All of this information is redirected and maintained by a third party. You are responsible for providing full and accurate information at all times and to comply with the terms and conditions of any agreement you enter which governs the purchase of your product. The prices of our products are provided in US dollars. Your purchase of our products is conditional upon full receipt of payment and related costs for such product. If your credit card information does not go through or if a charge is returned for any reason, we reserve the right to cancel your order. You are responsible for all of the charges made under your account.
2.2 TAXES AND SHIPPING. You are responsible for paying all applicable taxes and shipping fees related to your purchase and made under your account. Please review our shipping rates under our Shipping section for applicable rates.
2.3 PRODUCT DESCRIPTION AND AVAILABILITY. We attempt to be as accurate as possible in the description and presentation of our products throughout or website, mobile app and social media pages; however, we do not warrant that such depictions are completely accurate, up-to-date and/or error-free. We change our product descriptions and pricing from time to time, so you must check these details before ordering from us. Due to the limited collection per design and the high-value hand crafted nature of our products, we cannot guarantee the availability and production lead time of our products. If we determine that a product that you purchased through the Website was not accurately described or depicted on the Website, we reserve the right to cancel or refuse your order before shipment. We will, if practical, notify you of our reasons for cancelling or refusing the order through the e-mail and/or billing address/phone number provided at the time the order was made. We may, at our sole discretion, cancel, refuse, or limit quantities purchased by you, and we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We will, if practical, notify you of our reasons for cancelling or refusing the order through the e-mail and/or billing address/phone number provided at the time the order was made.
2.4 RETURNS. Please review our Return section for our complete return policy. You must adhere to our return policy and procedures.
3. INTELLECTUAL PROPERTY
3.1 COPYRIGHT. This Website, mobile app and social media pages contains various Content and images that is protected by the copyright laws of the United States and other jurisdictions. As between you and us, you acknowledge that we own all rights, title and interest (including all copyright, trademark, patent, trade secret and other intellectual property rights) in and to the Website, mobile app and social media pages (including all Content and images appearing therein), and you have no rights in and to the Website, mobile app and social media pages other than as expressly set forth in this Agreement. No Content and images may be sold, leased, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose. You acknowledge that we own or have a license to all title and copyrights in and to the content provided on this Site, the mobile app and all social media pages. All title and intellectual property rights in and to the licensed content provided on this Site is the property of the respective content owners and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
3.2 TRADEMARK. Kimia Arya® is a registered trademark as well as other related trademarks and certain other service marks, graphics and logos used in connection with the sale and distribution of Kimia Arya products and services. You are not granted any right or license to these trademarks. All names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade scarves, and service names appearing on the Website, mobile app and social media pages, and which indicate a source of goods or services (collectively, the "Trademarks") belong exclusively to us or to our licensors, sponsors, suppliers or other third parties, as indicated. Trademarks are protected by the trademark laws of the United States and other applicable jurisdictions. You may not use, copy, reproduce, republish, distribute or modify any Trademark in any way, including distributing Content and images for advertising or publicity or otherwise. You shall not remove, obscure, or alter any proprietary rights notices (including copyright and Trademark notices) that may be affixed to or contained within any Content and image (including all Content and images appearing on our Site, mobile app and social media pages), and you shall abide by all such notices. If you know of, or suspect, copyright and/or trademark infringements, please notify us via email immediately at email@example.com. Thank you for your concern and assistance.
4. USAGE RESTRICTIONS.
You shall not use the Website in any manner that:
(a) is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
(b) interferes with or disrupts the Website, services connected to the Website, or otherwise interferes with operations or services of the Website, mobile app, or social media pages in any way;
(c) infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
(d) consists of any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(e) causes us to lose (in whole or part) the services of our internet service providers or other suppliers;
(f) links to materials or other content, directly or indirectly, to which you do not have a right to link;
(g) is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by us at our sole discretion;
(h) copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Website or any portion thereof (including the mobile app and social media pages);
(j) violates, or encourages anyone to violate, any applicable local, state, national, or international law, regulation or order.
This Site is owned by us and is protected by any applicable copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
5. LINKING TO THIS WEBSITE & FRAMING
Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any material displayed on this Website in frames or through similar means on another website without our prior written permission is also prohibited. Any permitted links to this Website must comply will all applicable laws, rules and regulations.
6. THIRD PARTY LINKS AND WEBSITES
This Site may present links to third-party Web sites not owned or operated by us. We are not responsible for the availability of these third-party sites or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such website.
8. NO AGENCY
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and us by this Agreement.
9. NO WAIVER.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If we do not exercise or enforce any legal right or remedy which is contained in this Agreement (or which we have the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of our rights, and all such rights or remedies shall still be available to us.
10.1 THIS SITE (INCLUDING ALL OF ITS CONTENTS) IS PROVIDED TO YOU "AS IS” AND “AS AVAILABLE”. ANY USE OF THIS SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT OF THIRD PARTY RIGHTS. WE MAKE NO REPRESENTATION OR GUARANTEE AND PROVIDE NO WARRANTIES OR CONDITIONS THAT THIS SITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERTO.
10.2 WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, AND PROVIDE NO CONDITIONS, THAT USE OR RESULT OF THE USE OF THIS SITE (INCLUDING ALL OF ITS CONTENTS) IS OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WE MAY MODIFY, SUSPEND OR DISCONTINUE ANY ASPECT OR FEATURE OF THIS SITE OR YOUR USE OF THIS SITE, WITHOUT PRIOR NOTICE. IF WE DO ELECT TO MODIFY, SUSPEND OR DISCONTINUE THIS SITE, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
10.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
10.4 SOME OF THE CONTENT AVAILABLE THROUGH THIS SITE MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT WE ASSUME NO RESPONSIBILITY FOR SUCH CONTENT.
11. LIMITATION OF LIABILITY
11.1 TO THE EXTENT PERMITTED BY THE APPLICABLE LAW OR JURISDICTION, IN NO EVENT WILL WE BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. THIS EXCLUSION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THIS AGREEMENT.
11.2 OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO ONE DOLLAR (US $1.00).
YOU WILL INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHTS OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OR MISUSE OF THE SITE.
This Agreement will be governed by the laws of the State of California. The exclusive jurisdiction for any claim, action or dispute with us or relating in any way to your use of this Site will be in the state and federal courts of the State of California and the venue for the adjudication or disposition of any such claim, action or dispute will be in the City of West Hollywood, California. All parties to this Agreement waive their respective rights to a trial by jury. If any provision of this Agreement is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement and any ancillary terms and conditions referenced herein or included in the Website sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement shall survive suspension or cancellation of your account to the extent necessary to carry out the obligations of you and us hereunder.
14. CONTACT US.
If you have any questions or concerns regarding the Website, mobile app or social media pages, please contact us via e-mail at or write to us at Kimia Arya, Corp., 458 N Doheny Drive, Ste 294, West Hollywood, CA 90048.
This Agreement will remain in effect until terminated by us.