This document is a legally binding agreement between you as the user(s) of the Sites (referred to as “You”, “Your” or “User” hereinafter) and Vincere LLC, a Delaware LLC, located at 16192 Coastal Highway, Lewes, DE 19958. entity listed in clause “2.1” below (referred to as “we”, “our” or “Vincere LLC.” hereinafter).
1.Application and Acceptance of the Terms
1.2 This document and such other rules and policies of the Sites are collectively referred to below as the “Terms”. By accessing the Sites or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Sites if you do not accept all of the Terms.
1.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with “Vincere LLC” or (b) you are not permitted to receive any Services under the laws of London or other “countries/regions” including the “country/region” in which you are resident or from which you use the Services.
1.4 You acknowledge and agree that “Vincere LLC”. may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. By continuing to use the Services or the Sites, you agree that the amended Terms will apply to you.
1.5 You may be required to enter into a separate agreement, whether online or offline, with “Vincere LLC”. or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
1.6 The Terms may not otherwise be modified except in writing by an authorized officer of “Vincere LLC”.
2. User(s) Generally or “Use of Service(s)”
2.1 As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws and regulations when using the Sites or Services.
2.2 You agree to use the Sites or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Sites (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with “Vincere LLC”, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from “Vincere LLC” is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the Terms is prohibited.
2.4 “Vincere LLC” may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ websites. You are cautioned to read such websites’ terms and conditions and/or privacy policies before using the Sites. You acknowledge that “Vincere LLC” has no control over such third parties’ websites, does not monitor such websites, and shall not be responsible or liable to anyone for such websites, or any content, products or services made available on such websites.
2.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of “Vincere LLC” and/or any other User nor to gain unauthorized access to such computer systems or networks.
2.6 You agree not to undertake any action which may undermine the integrity of “Vincere LLC” feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
2.7 Any 3rd party links in this area will let you leave “Vincere LLC” site. the linked sites are not under the control of “Vincere LLC” and we as “Vincere LLC” is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. “Vincere LLC” is not responsible for webcasting or any other form of transmission received from any linked site. “Vincere LLC” is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement.
3. Availability of Products
All product orders are subject to availability. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may then order to substitute for your original order. If you do not wish to order the substitute products, we will reimburse you the amount that you may have paid for the product you ordered, upon your request. This is subject to our Return & Refund Policy.
All delivery time frames indicated anywhere in this website are estimates only and delays may occur.
Notwithstanding Clause “3” above regarding product availability, we will endeavor to send the order consisting of the product(s) listed in each Order Confirmation within the estimated delivery time frames indicated in the relevant Order Confirmation or, if no delivery date is specified, in the estimated time frame indicated when selecting the delivery method. The courier service provider engaged to undertake the delivery of your order shall deliver your order and have any adult found at the delivery address you indicated in your order to receive your order and sign the receipt therefore, unless you indicate otherwise in your order and specify that delivery shall only be made to you or a person you shall name and authorize.
If the delivery of your product is delayed for an unreasonable period for any reason, Seller will inform you accordingly via e-mail or other acceptable means and the product you ordered will be dispatched as soon as reasonably possible. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery whatsoever caused, and which delay shall therefore be excused. This is subject to our Shipping & Handling Policy.
If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date. Keep in mind in any case that we do not make home deliveries on Saturdays, Sundays or bank holidays.
For the purpose of these Conditions, the "delivery" shall be understood to have taken place or the order "delivered" as soon as you or a third party indicated by you, or if you did not name the party who should receive the product, any adult or individual at the delivery address acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the delivery address indicated by you.
5. Inability to Deliver
If the courier service provider is unable to deliver your order at the delivery address you indicated for any reason, we will attempt to re-deliver your order on another date, one more time.
If after the 1st attempt to re-deliver fails, you or the person you have named and authorized, or in the absence of any such authorized person, to any adult, still fail or is unable to receive your order, or in any case where the order could not be delivered for any reason our rules and policies to refund applies.
6. Transmission of Risk and Ownership of the products
The products shall be under your responsibility from the moment of delivery and receipt by you or the person you have named and authorized, or in the absence of any such authorized person, to any adult who shall receive the Products at the delivery address, as provided under Clause 4 above.
You will take ownership of the products when we receive full payment of all amounts due, including delivery charges, or at the moment of delivery (as defined in Clause 4 above), if that were to take place at a later time.
7. Buying Goods as Guests
The functionality of buying goods as a guest on the website. Under this type of purchase, only such data which are essential to process your order will be requested from you to complete the purchase.
Pursuant to the prevailing rules and regulations in force, all purchases done through the website may be subject to Value Added Tax (VAT) and other applicable taxes, if any.
We reserve the right to impose such other taxes, fees and charges without prior notice, based on the then applicable laws and regulations governing the purchase made through the website.
Note: There are tendencies customers need to pay shipping tariffs under their country’s customs law upon receiving or claiming the item.
9. Refund & Return Policy
See the Return & Refund Policy disclosures relating to Exchange and Return Policy.
10. Affiliate Member’s Account
10.1 User must be registered on the Sites to access or use some Services (a registered User is also referred to as a “Member” below). Except with “Vincere LLC’s” approval, one User may only register one-member account on the Sites, “Vincere LLC’s” may cancel or terminate a User’s member account if “Vincere LLC” has reasons to suspect that the User have been manipulating data on their account.
10.2 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify “Vincere LLC” immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
10.3 Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making/receiving any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
10.4 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, “multiple use“), may cause irreparable harm to “you” and “Vincere LLC” or “Other Users” of the Sites and will not have “Vincere LLC” liable for any loss or damages arising from such breach and shall have the right to suspend or terminate member’s account without liability to the member.
11. Affiliate Member’s Responsibilities
11.1 Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) you use the Sites and Services for business and personal use only.
11.2 Member will be required to provide information or material about your entity, as part of the registration process on the Sites or your use of any Service or the member account. Each Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Sites or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
11.4 Each Affiliate Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (c) you have the right and authority to promote, trade or offer our products listed in our website; (d) you and your affiliates are not the subjects of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organization or jurisdiction.
11.5 Each Affiliate Member further represents, warrants and agrees that the User Content that you submit, post or display:
Shall be true, accurate, complete and lawful.
Shall not be false, misleading or deceptive.
Shall not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors.
Shall not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Shall not violate the “Vincere LLC” Policy, other Terms or any applicable Additional Agreements.
Shall not violate any applicable laws and regulations (including without limitation to those governing consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations.
Shall not contain any link directly or indirectly to any other websites which include any content that may violate the Terms.
11.6 Each Member further represents, warrants and agrees that you:
Shall carry on your activities on the Sites in compliance with any applicable laws and regulations.
Shall conduct your business transactions with other users of the Sites in good faith.
Shall carry on your activities in accordance with the Terms and any applicable Additional Agreements.
Shall not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards).
Shall not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity.
Shall not engage in spamming or phishing.
Shall not engage in any other unlawful activities (including without limitation those which would constitute a criminal offense, give rise to civil liability, etc.) or encourage or abet any unlawful activities.
Shall not involve attempts to copy, reproduce, exploit or expropriate “Vincere LLC” various proprietary directories, databases, and listings.
Shall not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information.
Shall not involve any scheme to undermine the integrity of the data, systems or networks used by “Vincere LLC” and/or any user of the Sites or gain unauthorized access to such data, systems or networks.
Shall not engage in any activities that would otherwise create any liability for “Vincere LLC” or our affiliates.
11.7 Member may not use the Services and member account to engage in activities which are identical or similar to “Vincere LLC’s” e-commerce marketplace business.
11.8 Member acknowledges and agrees that “Vincere LLC” shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
11.9 Member acknowledges and agrees that the Services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.
11.10 Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.
12. Breaches by Affiliate Members
12.1 If any Member breaches any Terms, or “Vincere LLC” has reasonable grounds to believe that a Member is in breach of any Terms, “Vincere LLC” shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:
(i) suspending or terminating the Member’s account and any and all accounts determined to be related to such account by “Vincere LLC” in its discretion;
(ii) restricting, suspending or terminating the membership of, access to, or current or future use of any perks given to; restrictions on the Member’s use of any features or functions of any Service as “Vincere LLC” may consider appropriate in its sole discretion; and
(iii) any other corrective actions, discipline or penalties as “Vincere LLC” may deem necessary or appropriate in its sole discretion.
12.2 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
“Vincere LLC” has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party for their own benefit.
“Vincere LLC” has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading.
“Vincere LLC” believes that the Member’s actions may cause financial loss or legal liability to “Vincere LLC”.
12.3 “Vincere LLC” reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, “Vincere LLC” may disclose the Member’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. “Vincere LLC” shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against “Vincere LLC” for such disclosure.
12.4 Each Member agrees to indemnify “Vincere LLC”, our affiliate companies, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims, and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of our name to any Sites or Services, or from your breach of the Terms.
12.5 Each Member further agrees that “Vincere LLC” is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over any Sites, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. “Vincere LLC” reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with “Vincere LLC”. in asserting any available defenses.
13. Limitation of Liability
Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the actual price paid by you for the purchase of the said product.
All product descriptions, information and materials shown on this website are provided "as is", with no express or implied warranties on the same, except those legally established. We do not warrant that such description is accurate, current or free from error.
Without prejudice to the generality of the foregoing, we do not warrant:
(a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in this website;
(b) that the website will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
(c) that the website is free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
(d) the security of any information transmitted by you or to you through the website, and you accept the risk that any information transmitted or received through the website may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the internet.
14. Other Events Beyond our Control
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume in the use of this website or arising from a Contract when caused by events that are beyond our reasonable control ("Force Majeure"). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
i. Strike, lockout or other forms of protest.
ii. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
iv. Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
v. Inability to use public or private telecommunication systems.
vi. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
vii. Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from the use of this website or arising from any Contract are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfill these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil lour obligations by virtue of the Contract despite the situation of Force Majeure.
Last Updated: September 26,2020
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