TERMS & CONDITIONS
1. ELIGIBILITY AND ACCESS
The Site is available only to users who can form legally binding contracts under applicable law. By using the Site, you represent and warrant that you are at least 18 (eighteen) years of age. To use certain features of the Site you will need to create an account with your name, surname, email address and password (your "Credentials"). You represent and warrant that all information you submit when you create your account and all information you voluntary choose to include in your profile is accurate, current and complete, and that you will keep such information accurate, current and complete. Your are solely responsible for the activity that occurs on your account, whether authorized by you or not. You must notify XARIFA immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses due to any unauthorized use of your account. By logging into the Site, you represent and warrant that: (i) you are the customer who registered for the Site; (ii) that you are using the Site only for permitted purposes; and (iii) you are not a competitor of XARIFA, or agent thereof. If you are using the Service from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your account information) across international boundaries. By registering with us, you consent to such transfers.
2. MODIFICATIONS OF TERMS
3. OUR CONTENT AND GRANT OF LIMITED LICENSE
The Site, including all text, graphics, photographs, images, and illustrations ("Content"), is protected by copyright, trade secret and other intellectual property laws and XARIFA and our licensors own all title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Agreement and all copies of the Agreement. These Terms and Conditions do not grant you any rights to XARIFA trademarks or service marks. For the purposes of of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications thereof and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. XARIFA reserves all rights not expressly granted to you in this Agreement. Subject to the terms of service of this Agreement, we herby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and reviewing Site content and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
4. PERMITTED USERS
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create, derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site of any portion of it unless expressly permitted by us in writing. Further, you may not (a) make any commercial use of any go the information provided on the Site or make any use of the Site for the benefit of another business; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site; or (g) use the Site to engage in any illegal activities. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without any limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
5. USER CONTENT
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any other person or company; (b) is libelous, threatening, defamatory, obscene, indecente, pornographic, or could give rise to any civil or criminal liability under Italian or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties or any software intended to damage or alter a computer system or data. With respect to any Content you submit or make available through the Site, you grant XARIFA a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You herby represent, warrant and covenant that any Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such license to XARIFA.
6. ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our effort to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantities you ordered of any item. We may require additional verifications or information before accepting any order. Upon acceptance of your order, we will charge your credit card account and send you a shipping confirmation fro the order (or the accepted portion thereof). Unless your order is cancelled, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the contract between you and XARIFA will be perfected when we dispatch the goods to you at which time you will receive a second email containing your tracking number, and confirming that your order has been dispatched. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.
7. PAYMENT TERMS
When you place an order on the Site, you agree to pay the following as of the time you submit the order: (i) the currently listed purchase price for each product (which shall be listed on the Site as your "subtotal"); (ii) any sales taxes or duties; and (iii) shipping and handling fees for the delivery service you select. Except as provided herein, all payments are non refundable.
a. Sales Tax
Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. Each customer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges on orders shipped outside Italy.
Shipping fees are not included in the purchase price of any product. All such amounts will be calculated and displayed at checkout. XARIFA, in conjunction with our service providers, will attempt to deliver a product within the request range of days provided at the time the order was placed. You acknowledge that delivery data estimates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. We reserve the right to make deliveries in installments, which shall not relieve you from your obligation to accept and pay for remaining deliveries. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. All products are deemed accepted upon our delivery of the product to you or your designated recipient's address. The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.
8. MODIFICATIONS AND CANCELLATIONS
XARIFA is happy to accept cancellations, for any reason, up to the moment your order has been confirmed for shipping. After that, you cannot cancel your order, but you may be able to return the item. If your order status at www.xarifa.com has not yet changed, you may still be able to cancel or modify it.
9. ERRORS, INACCURACIES AND OMISSIONS
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate. Occasionally, there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). If your credit card has already been charged, an immediate credit will be issued to your credit card.
a. Miscellaneous. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. These Terms and Conditions constitute the entire agreement and understanding between you and XARIFA with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions ( or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
b. Governing Law/Dispute Resolution. This Agreement shall be governed by the laws of Italy, without giving effect to any principles that may provide for the application of the laws of another jurisdiction.
c. Non-Assigment. You may not assign or transfer its rights or obligations under this Agreement, whether by operation of law or otherwise, without our prior written consent.
d. Modifications to this Agreement. You acknowledge and agree that XARIFA may, in its sole discretion, modify, add or remove any portion of these Terms and Conditions at any time and in any manner, by posting revised Terms and Conditions on the Site. You may not amend or modify these Terms and Conditions under any circumstances. It is your responsibility to check periodically for any changes we make to the Agreement. Your continued use of this Site after any changes to the Terms and Conditions means you accept the changes.
e. Notices. For contractual purposes, user consents to receive communications from XARIFA in electronic format and agrees that all communications electronically received from us will satisfy the legal requirement that such communications be in writing, if any. The foregoing does not affect user's statutory rights.
f. Force Majeure. XARIFA shall be excused from performance under these Terms and Conditions, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of XARIFA. In the event that we are temporarily unable to ship to you a purchased item because of such an event, we will give you the option of deferring shipment or receiving a refund of your charges.
g. Contact Information. If you have any questions about this Agreement, please contact us via email at email@example.com.