TERMS AND CONDITIONS OF USE AND ONLINE SALES
By accessing or using the website, you signify that you have read the agreement and that you understand and agree to be bound by the terms of this agreement. You should review this agreement each this time you access the website. By continuing to access the website, you acknowledge that you will be bound by the agreement.
Additionally, these terms shall apply to all sales of products branded as Society Limonta in the United States of America (USA) facilitated through use of the website. If you purchase a product on the website, you indicate your acceptance of the agreement. These terms are subject to change at any time without notice. For this reason, you should review these terms each time you shop and/or make an online purchase. Your continued access or use of this website shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes. This agreement applies only to sales within the USA.
Limonta reserves the right to modify this agreement at any time. If you do not agree with this agreement, do not access or use the website or make a purchase.
Dispute notice: this agreement includes an arbitration clause (section 13). Except for certain types of disputes referenced in the arbitration clause, you agree that disputes with Limonta will be resolved by mandatory binding arbitration and you waive your rights to participate in a class-action lawsuit or class-wide arbitration.
1.1 To create an account and use Limonta, you must be at least 18 years old and reside in the United States. By using the Website, you are forming a binding contract with Limonta and must have the ability to read, understand and accept this Agreement. This website is not directed to residents of the EU and is not intended for use in any country where it would violate local law or would subject Limonta to any regulations in another country.
1.3 Following the registration of the required data in the above form, the user will receive a verification e-mail and, by clicking on the link contained in it, can complete the registration process and access the summary of the Limonta account (hereinafter, "Registered User").
1.4 Authentication for the Website is done online using a username and password chosen by the Registered User. The Registered User can modify the password or create/request a new one in the case of loss, following the procedures indicated in the login section of the Website.
1.5 The Registered User can at any time request the cancellation/deactivation of their Limonta account, it being understood that this will result in no access to the services of the Website that are available after registration.
2.1 The Company does not guarantee that the Website, or any content on it, will always be available or be uninterrupted. The Company shall not be liable for the malfunctioning of the Website, delays, suspension and/or interruption in the provision of services of the Website that are available after registration caused by but not limited to: congestion, delays and/or overload of the systems or the processors that manage traffic; tampering or unlawful intervention by third parties with the services or equipment used by the Website or with the connection equipment within to the user’s availability; force majeure or unforeseeable events, as an example but not limited to the same, fire, explosions, earthquakes, pandemics, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, popular uprisings, riots, strikes and any other unforeseeable and exceptional cause that prevents the service from being provided. In such exceptional cases, the Company will make every effort so that the above services are restored as quickly as possible.
2.2 Without prejudice to what is set forth above, the Company also reserves the right to modify, suspend or discontinue access to the services of the Website available after registration, impose limits on specific characteristics and/or features, restrict access to all or part of it, without advance notice or liability, at any time and at its exclusive discretion. Access to the Website can be suspended or discontinued for maintenance purposes, at the Company’s sole discretion, which will strive to restore access and the use of the above services in the shortest time possible to reduce to the minimum the risk of inconveniences of any kind, without this resulting in any liability on its behalf.
2.3 If the user experiences any problems using the services, one can contact the Company at email@example.com. The Company will strive to respond as soon as possible, however it cannot guarantee a response within a predetermined time.
3.1 User is responsible for ensuring that all persons who access the Website the Registered User account are aware of these Terms and other applicable terms, and that they comply with them.
3.2 The Registered User warrants that the data provided during the registration phase are correct and accurate, and the Registered User shall notify the Company of any changes to the information provided at registration. The Registered User acknowledges that the failure to provide accurate and correct registration data will prevent recovery of the password or the cancellation of the account.
3.3 In order to ensure the security of your Limonta account, the Registered User undertakes:
• to use the services provided by the Website in conformity with applicable law, respecting the rights of the Company, and complying with these Terms and any technical instructions that the Company may provide;
• not to create more than one Limonta account or a second account without authorization from the Company, even if the original account is disabled;
• to ensure that the services are used only by parties authorized by Limonta, undertaking all responsibility in such regard;
• to keep and use any credentials that may be assigned for access to the Website with the utmost confidentiality and diligence, not disclosing, directly or indirectly, the password and/or login, thereby preventing them from being used improperly or wrongfully and, in any case, remaining responsible for their use, acknowledging that knowledge by third parties of such authentication credentials might allow the latter wrongful use of the Registered User’s account, who undertakes all related responsibility;
• to promptly notify the Company of any unauthorized use of the password/s and/or login to the Website and any other improper or wrongful use of which they may become aware, for example but not limited to the same, in the case of theft, loss or being misplaced;
• not to engage in any action that could compromise the security of the systems and/or equipment to which they have access through the Website;
• not to use the Limonta account for commercial purposes and/or to obtain commercial profits;
• not to decipher, disassemble, decompile, decode or otherwise attempt to extract secret and/or confidential codes, algorithms or ideas of any part of the Website, modify, translate or create derivative works from any part of it; and
• to ensure that Limonta account user information is always correct and up to date.
3.4 User acknowledges and agrees that the Website may allow connection to other Internet sites or resources and that other sites and resources might contain links to the Website. Such websites and/or the products and services associated with them are not under the control of the Company. The User acknowledges that they have the obligation to review the privacy practices and terms of any third party websites and that the Company is not responsible for the content, accuracy, features, practices, policies, legality or any other aspect of such sites or resources.
3.5 The insertion of any link on the Website does not imply any relationship of association, profit sharing, collaboration, or partnership with their operators, nor any type of recognition by the Company.
4.1 Without prejudice to its right to the compensation of damages, the Company can refuse, block, suspend and/or cancel the account of a Registered User, at any time, at its discretion and with immediate effect, even without advance notice, for any reason, including but not limited to:
• irregularities in the registration, including after reporting;
• breach of even one of the obligations set forth in the Agreement;
• improper or prohibited use of the Website or services in accordance with the Agreement;
• order of a competent judicial or governmental authority.
4.2 No failure or delay by the Company to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
5.1 The Website and all of its contents, including, but not limited to, product designs (including any and all collateral material relating thereto) and brand, product and collection names, are protected by patent, copyright laws and/or trademarks or other laws.
5.2 Limonta owns all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with Limonta. The brand Limonta, along with the set of figurative and non-figurative trademarks and more generally the illustrations, images and logos present on the Website are and will remain the exclusive property of Limonta. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission.
5.3 No part of the website or its contents may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the written permission of Limonta or as otherwise identified herein.
5.4 User must not use any part of the content on the Website for commercial purposes without obtaining a license to do so from the Company.
6.1 The Company does not guarantee that the Website will be secure or free from bugs, malware or viruses.
6.2 User is responsible for configuring its information technology, computer programmes and platform to access the Website. User shall use its own virus protection software.
6.3 User must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. User must not attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. User must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. The Company may report any such breach to the relevant law enforcement authorities and may co-operate with those authorities by disclosing the User’s identity to them. In the event of such a breach, the User’s right to use the Website will cease immediately.
7.1 User must not link to this Website, without obtaining the prior written consent of the Company. If permission is granted by the Company in writing, User must not:
• establish a link in such a way as to suggest any form of association, approval or endorsement;
• or establish a link to the Website in any website that is not owned by User.
7.2 The Company reserves the right to withdraw linking permission without notice.
8.1 Limonta’s Website offers users the ability to purchase the Products. The services offered by the Company as a seller through the Website consist only of sale of Products to Registered Users within the United States.
8.2 To make an online purchase, the user must be at least 18 years of age and have completed their order by providing their billing data, name, address and billing method, as well as the requisite shipping information. The failure to provide such mandatory data will result in the inability to fulfill the online order.
8.3 The user can access the Website and select the products to be added to their cart, and by completing the data set forth above, can submit online orders from the Company, which will decide whether or not to accept them. In view of the Agreement, the Company may, in any case, reserve the right not to process orders that it deems not to be compliant.
8.4 To finalize the purchase contract on the Website, the user must: place the products into the cart (using the specific functions), complete the order form in electronic format, select the payment method, accept the Terms and send the order form to the Company electronically.
8.5 The user acknowledges and agrees the order of products is subject to these Terms.
8.6 Before sending the order form, the user is required to read carefully all instructions provided during the purchase process, also with regard to delivery charges, the right of cancellation and information on Privacy, as well as these Terms.
8.7 Before confirming and sending the order form, the user may make any changes to the data entered (for example, correct the number of products or shipping address).
8.8 Once you have confirmed the order, it will be sent to the Company and can no longer be changed or cancelled, except as expressly permitted in these Terms. The order will be considered binding only if the entire purchase process has been duly completed without errors.
8.9 The purchase contract is deemed to be final when the user receives confirmation of the purchase order by email from the Company, after the availability check and the full price has been charged to the user.
8.10 The order confirmation will contain:
• A summary of the purchased products;
• Details of the price and payment methods;
• Information relating to shipping costs and delivery timeline;
• Conditions for exercising the right of cancellation; and
• Information on after-sales support services.
8.11 The user is prohibited from entering false or invented names in the purchase process and in any other communications. The Company, therefore, is not liable for issuing any incorrect documents due to errors relating to data provided by the user when entering the order.
8.12 The Company will not be able to finalize the purchase contract:
• Where the products are unavailable;
• Where the payment is unsuccessful;
• Or in the event of previous non-fulfilment by the user of its obligations.
Price And Shipping Costs For Purchases On The Website; Taxes And Duties
8.13 The prices of all products sold on the Website are indicated in USD and include applicable taxes, rates, shipping costs, and customs charges.
8.14 The prices of the products may be updated by the Company at any time prior to finalization of the purchase contract. The user is required to check the final sale price when submitting an online order on the Website.
8.15 Shipping costs, including the total cost shown in the basket during the purchase process prior to confirming the order, are charged to the user in a fixed amount equal to $60.00 USD.
Payment Method For Purchases On The Website
8.16 The user may pay the fee due to the Company for the products contained in the order form, together with the shipping costs, by way of PayPal. When the user is sending the order, an iframe will open up in the same web session, which allows for payment to be made securely on the Website, without being redirected to the PayPal website.
8.17 The user can choose whether to complete the payment using a PayPal account or credit card (Visa, MasterCard, American Express, Discover) or prepaid card (PayPal prepaid card), in accordance with the terms of the PayPal service. The price will be debited by the Company only once the purchase contract has been confirmed and, only after the necessary checks for availability of the items.
Shipment And Delivery For Purchases On The Website
8.18 The Company is not required to ship the products until it has received full payment for the same.
8.19 The products will be delivered by the courier selected by the Company to the address provided by the user in the purchase contract and the user or its delegate will be required to sign for delivery. For security reasons, the Company does not make deliveries to post office boxes or by placing the products in mailboxes or similar locations.
8.20 The purchased products will be delivered by courier from Monday to Friday, thus excluding Saturdays, Sundays and local and/or national public holidays. Deliveries are made at the latest within thirty (30) days from the date of finalization of the purchase contract or by a different deadline that may be agreed with the user (except where cases of force majeure or unforeseeable circumstances occur outside the Company’s control that make it impossible or delay the delivery within the agreed terms).
8.21 Estimated shipping times for USA are 2-5 business days. These are only estimates and shipping times may vary.
8.22 Although the Company makes all reasonable commercial efforts to deliver the products by the shipping estimates, time shall not be of the essence in relation to the delivery of any products. In the event that the Company is unable to deliver the product to a user within twenty-five (25) business days, in addition to any other legal rights that the user may have, the user may cancel the order and receive a prompt refund from the Company.
8.23 If you are not at home when the product is delivered and no one is available at your address to take delivery and the products cannot be posted through the mailbox, we will leave you a note informing you of how to rearrange delivery or collect the products from our premises. If you do not collect the products from us as arranged or, if after a failed delivery to you, you do not re-arrange delivery or collect them from our premises, we will contact you for further instructions and we may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or unable to rearrange delivery or collection we may terminate the purchase contract and charge you a reasonable amount calculated to compensate us for any damage suffered.
8.24 The risk of loss or damage to the products is transferred to the user when the user or its delegate takes possession of the product.
8.25 Where the loss or damage of the products is directly attributable to the Company, the Company will proceed to replace the product free of charge, subject to the express request of the user to be sent by e-mail to Customer Services.
8.26 Upon delivery by the Courier, the Customer is required to check:
• That the number of packages delivered corresponds to what is indicated in the delivery note; and
• That the packaging and identification tags are intact and not altered or damaged in any way.
Any damage to the packaging and/or wrapping of the products or any errors in the products delivered must be immediately disputed by the user in writing on the courier’s delivery note. Once the courier’s document is signed without any dispute, the user may no longer object in relation to what has been delivered.
Warranty And Conformity Of Products
8.27 The Company guarantees that the products sold on the Website are authentic items obtained by way of a production process that makes each item different and unique. Therefore, small discrepancies compatible with the craftsmanship of the products and which do not, in any case, affect the functionality and/or appearance and/or image of the products are not considered to be defects and deformities.
8.28 The measurements indicated on the product specifications on the Website are subject to a tolerance of +/-3%. The Company, therefore, is not liable for alterations of the dimension of the products within those limits.
8.29 Where the products have any defects or deformities, the user is entitled, at no cost, to the repair or replacement of the product or to reject the products and be reimbursed for the sum paid from the Company.
8.30 Where the user requests, as set out in Section 8.29, the repair or replacement of the product due to a proven defect of conformity of the product, the delivery costs relating to the return and subsequent re-shipment are borne by the Company. In the case of an alleged defect of conformity, the user is required to contact the Company by e-mail or by post, at the following address firstname.lastname@example.org.
8.31 The Company disclaims any liability for defects or deformities of the product that occur over the course of two years as a result of any failure to respect the washing instructions or due to negligence, fault or willful misconduct or for improper use of the products.
Products And Availability
8.32 The Website sets out the essential characteristics of the products, their price and availability. For each product, in addition, photographic images and descriptions are provided to assist users. However, the images and colors of the products on sale on the Website may not correspond to the actual characteristics due to the resolution of the monitor and browser used by the user. As a result, the Company will not be responsible for any inadequacy of the images found on the Website.
8.33 The Company reserves the right to vary the products on sale on the Website at any time.
The Company does not guarantee that the products found on the Website are available in the stores and vice versa. Users must rely upon the description and characteristics of the product presented on the Website.
8.34 While the Company makes every effort to ensure that the contents of the Website are accurate, it does not guarantee that products displayed on the Website are always available to purchase. Problems may occasionally arise in relation to the availability of the products. In these cases, the Seller will inform the user promptly (by telephone or e-mail) offering the possibility of choosing a similar product. If the user decides to cancel the order and if the charge has already been paid, the user will be promptly reimbursed.
8.35 For some sizes, the products may be available “upon request”. In this case, the user may send the request to the Company which will check if the product is available in the warehouse, responding to the user as soon as possible and, in any case, within 45 (forty-five) days commencing from the day after that on which the order request was sent. The Company reserves the right not to implement an order request that is incomplete or incorrect or if the products are not available. The user will be notified if such is the case.
The resale, rental or transfer for any commercial purposes or for profit of products purchased on the Website is expressly prohibited.
8.36 All products are equipped with an identification tag. The tag must not be removed from the product. If the user exercises the right of cancellation, the Company is entitled not to accept products without this tag or products that are damaged or altered.
Return Of Product Or Cancellation Of Purchase Contract
8.37 The user is entitled to withdraw from the purchase contract within fourteen (14) days from the date on which the product was delivered without providing any reason. To exercise the right of withdrawal, the user is required to complete the specific “return form”, or to send a specific communication highlighting the clear intention to withdraw from the contract. That communication should contain an indication of the product for which the user intends to exercise the right of withdrawal and the order number. The return form or any communication must also be sent to the Company by way of e-mail to the following address: email@example.com. The Company will promptly send to the user confirmation of receipt of the return form or the cited declaration. All products purchased online must be returned to the company’s New York headquarter.
8.38 You cannot change an article after having processed an order. If the product does not respect or comply with your expectations, you can return it and ask for a refund. You can then place a new order for another item.
8.39 The right of withdrawal is understood to be correctly exercised if the following conditions are satisfied:
• The return form or communication must be sent by the deadline set out above;
• The products must not have been used, washed or worn;
• The identification tag must not have been removed from the product;
• The products must be returned in their original packaging;
• The products must be returned to the Company promptly; and
• The products must not be damaged.
8.40 If the user exercises the right of withdrawal, the user undertakes to return the products promptly after the communication of withdrawal (sent in accordance with the methods set out in article 9.2) to the following address:
78 GRAND STREET
10013 NEW YORK
Tel. (646)649 5552
All costs related to the return of products are borne in full by the Customer.
Free return for faulty goods or non-compliance must be previously authorized. Therefore, you must contact or Customer Care Service at the following email address: firstname.lastname@example.org. They will provide all the information for the returning procedure. If they previous conditions are not respected and defect is ascertained, the parcel will be returned to the customer and refund won’t be authorized.
In case of unsatisfactory purchase (i.e. not due to a defected or non-compliant product), all returning expenses are carriage paid. You must give us the tracking number for any tracing of the delivery process. We will refund only products received from the warehouse. Delivery expenses will not be refunded. Refund timing can vary according to the bank.
All returns authorized by our Customer care Service are free of charge. In case parcel is returned to our warehouse without any previous authorization and without our tracking number, delivery expenses will not be refunded
8.41 The Company undertakes to refund the price and the shipment costs paid by the user to receive the goods as soon as possible and, in any case, within fourteen (14) days from the date on which the Company became aware of the exercise of the right of withdrawal. The Company, however, may retain the refund until it has received the goods or until the user has proven that the goods have been returned, depending on which condition occurs first. Shipping costs for returning the goods will not be refunded.
8.42 The Company will make the refund using the same payment method used by the user for the initial transaction, unless otherwise agreed with the user. In case of partial return, the Company will not refund shipping costs.
8.43 If the returned product is found to be in one of the conditions set out in Section 9.3 and the return cannot be accepted, the Company will contact the user and, in this case, the user may choose to have the product back at its expense. Where, on the other hand, the user does not wish to have the product back, the Company reserves the right to retain the products and the sum corresponding to the purchase price of the goods.
8.44 Dear customer, due to “final sale” p.o. Nature, except to the extent provided for in T&C’S Clause 8.29, unfortunately no product’s refunds, return or cancellation will be allowed.
You expressly agree that access to and use of the website is at your sole risk. the website IS provided on an “as is” and an “as available” basis. LIMONTA does not make, and hereby disclaims, any representations or warranties, express, implied, or statutory, regarding the website, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE and any warranties arising by course of dealing or custom of trade. LIMONTA makes no representation or warranty that any material, content, products, or services displayed on or offered through the website is accurate, complete, appropriate, reliable, timely, OPERATIONAL, ERROR FREE, SECURE, SAFE, OR THAT THE WEBSITE WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
To the maximum extent permitted by applicable law and notwithstanding any other provision of this agreement, in no event shall Limonta (including any of its partners, affiliates, officers, directors, agents, subsidiaries, joint ventures, employees, contractors, successors, or assignees and third-party service providers) be liable to you (including any of your partners, officers, employees, agents, contractors, successors, heirs or assignees) for any indirect, special, incidental, exemplary, punitive, or consequential damages, whether arising in contract, equity, negligence, intended conduct, tort, or otherwise (including breach of warranty, negligence, and strict liability in tort), including, without limitation, any errors or omissions in the content of the website, for your action or inaction in connection with the website, for any damage to your computer or data, any damages associated with the loss of your personal information or any other damage or economic loss you may incur ensuing from or in connection with (a) the website; or (b) your submission of personal or other information through the website, even if Limonta or any of its affiliates have been advised of the possibility of such damages. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy.
Despite the foregoing limitation of liability for damages, if a tribunal of competent jurisdiction decides to award monetary damages to you for any claim or cause of action arising from the same, the amount of monetary damages for such claim or cause of action shall be limited to a maximum amount of $100.
The laws of some states or jurisdictions may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. notwithstanding anything to the contrary in our terms, in such cases, the liability of Limonta will be limited to the fullest extent permitted by applicable law.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Limonta, including its partners, affiliates, officers, directors, agents, subsidiaries, joint ventures, employees, contractors, successors, or assignees and third-party service providers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Website; (b) your breach of this Agreement; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any claim. We will provide you with timely notice of any such claim, suit or proceeding.
Please read the following paragraphs carefully because they require you to agree to resolve all disputes between us through binding individual arbitration.
12.1 Waiver of Jury Trial. LIMONTA AND YOU EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL DISPUTES, EXCEPT FOR DISPUTES RELATING TO THE ENFORCEMENT OR INFRINGEMENT OF YOUR OR OUR INTELLECTUAL PROPERTY RIGHTS (SUCH AS COPYRIGHTS, TRADEMARKS, DOMAINS, LOGOS, TRADE DRESS, TRADE SECRETS, AND PATENTS). Such disputes include but not limited to those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration, which is typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. Limonta and you agree not to combine a dispute that is subject to arbitration under this Agreement with a dispute that is not eligible for arbitration under this Agreement.
12.2 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth herein.
12.3 Required Use of AAA. You agree that the arbitration will be administered by the American Arbitration Association (“AAA”) under its Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules.
12.4 Opt-Out Procedure. You may opt out of this agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing postmarked within 30 days of the later of: (i) the date that you first accepted our Terms; and (ii) the date you became subject to this arbitration provision. You must use this address to opt-out:
You must include: (1) your name and residence address; (2) the mobile phone number associated with your account; and (3) a clear statement that you want to opt out of our agreement to arbitrate.
12.5 Place to File Permitted Court Actions. If you opt out of the agreement to arbitrate, if your dispute is related to intellectual property rights, or if the arbitration agreement is found to be unenforceable, you and Limonta agree and consent that such disputes will be resolved in the federal or state courts in New York and that agree to submit to personal jurisdiction and venue of the federal and state courts located in New York.
12.6 Time Limit to Start Arbitration. We and you agree that for any dispute (except intellectual property disputes) must commence an arbitration proceeding within one year after the dispute first arose; otherwise, such dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the dispute first arose, the arbitration will be dismissed as untimely.
12.7 Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Limonta.
The Website may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. Limonta may discontinue some or all of our services at any time and events beyond our control may affect our services.
Limonta may modify, suspend, or terminate your access to or use of the Website anytime for any reason, such as if you violate our Agreement or create harm, risk, or possible legal exposure for us, our users, or others.
14.1 At any time and at Limonta’s sole discretion, we may add, delete, or modify this Agreement or the Website. We will provide you notice of amendments to this Agreement, as appropriate by amending the “Last Modified” date at the top of this Agreement. Your continued use of Limonta confirms your acceptance of our Agreement, as amended. If you do not agree to our Agreement, as amended, you must stop using the Website. Please review our Agreement from time to time. All changes to the Agreement shall be effective immediately.
14.2 It is understood that the purchase contract will be governed by the Terms in effect at the time the product order is sent.
14.3 No terms, conditions, or warranties other than those stated here, and no agreement or understanding, oral or written, in any way purported to modify these Terms whether contained in user’s purchase order or elsewhere, shall be binding on Limonta unless made in writing and signed by an officer of Limonta.
15.2 If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
15.3 Limonta’s failure or delay to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.
15.4 All of our rights and obligations under our Agreement are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. You will not transfer any of your rights or obligations under our Agreement to anyone else without our prior written consent.
16.1 Contacting Us
If you have any questions about this
Agreement, please contact us at:
Although Limonta will in most circumstances be able to receive your e-mail or other information provided, Limonta does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information.