Terms and conditions
1. Description of the Website
1.1 The Website displays information about AZAGGI’s products, history, company, and other information.
2. Use of the Website
2.1 You shall not use the Website for any illegal purposes, and you will use the Website in compliance with all applicable laws and regulations.
2.2 You shall take any action or assist anyone else from taking any action that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
2.3 You agree not to attempt any unauthorized access to any part or component of the Website.
2.4 You agree that in the event that you have any right, claim or action against any other users of the Website, then you will pursue such right, claim or action independently of and without recourse to AZAGGI.
2.5 AZAGGI grants you a limited, revocable, non-exclusive license to access and make personal use of the Website as AZAGGI’s customer. However, you shall NOT:
(a) Reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any purpose;
(b) Use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content;
(c) Use any meta tags, search terms, key terms, or the like that contain the Website’s name or AZAGGI’s Marks;
(c) Engage in any activity that interferes with the Website or the Site Content, or another user’s ability to use the Website;
(d) Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the goods or services offered on the Website;
(e) Attempt to breach any security or authentication measures or otherwise scan or test the vulnerability of the Website or any related system or network;
(f) Challenge the validity of any Mark, the ownership of any Mark or the registration of any Mark; or
2.7 You are responsible for obtaining and paying for any equipment or services, including Internet and local phone service access, through which you can access the Website.
3. Intellectual Property Use and Ownership
3.1 You acknowledge and agree that all Marks, copyrights, and all other intellectual property rights in and to all material or content contained within and supplied by AZAGGI as part of the Website shall remain at all times vested in AZAGGI. Nothing herein shall be construed as giving you or any other person or entity any ownership rights in or to the Marks or any other intellectual property; all such rights being owned exclusively by AZAGGI.
3.2 All materials and content contained within the Website, including but not limited to the text, graphics, logos, button icons, images, and articles appearing on the Website, are owned by AZAGGI or are used by AZAGGI with permission, and are protected by U.S. and foreign copyright or other intellectual property laws. No portion of the materials or content on these pages may be reprinted or republished in any form without the prior express written permission of AZAGGI or of the content owner, as the case may be.
4. Infringement Notice
4.1 AZAGGI respects the intellectual property rights of others and requires that its users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement or your rights are otherwise infringed or violated by anything on the Website, please notify AZAGGI by sending an email to the following address: firstname.lastname@example.org.
4.2 In order for AZAGGI to more effectively assist you, the notification must include ALL of the following:
(a) A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
(b) A description of the copyrighted work or other right you claim has been infringed or violated;
(c) Information reasonably sufficient to locate the material in question on the Website;
(d) Your name, address, telephone number, email address and all other information reasonably sufficient to permit AZAGGI to contact you;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.
5. Errors and Inaccuracies
AZAGGI strives to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. AZAGGI reserves the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. Prices and descriptive information or imagery are subject to change without notice.
6. Purchasing Terms and Conditions
6.1 Nothing on the Website constitutes a binding offer to sell products described on the Website or to make such products available in your area. AZAGGI reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in AZAGGI’s sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. The prices displayed on the Website are quoted in U.S. dollars and must be paid in U.S. dollars. In the event a product is listed at an incorrect price, AZAGGI has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, AZAGGI will issue a credit to your credit card account.
6.2 You acknowledge that although AZAGGI has attempted to accurately depict the colors of the AZAGGI products offered on the Website, the color displayed is dependent on many different factors including the display of your computer monitor. As such, you further acknowledge that AZAGGI is not responsible for any inaccuracies or color variations in the products you purchase from the Website. Moreover, the products may be depicted larger or smaller than their actual size depending on your monitor and/or computer settings.
6.3 AZAGGI accepts the following credit cards: Visa, MasterCard, and American Express. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay or in some instances prevent the processing of your order. Your credit card will be billed upon shipment of your order. 6.4 For a multiple product order, AZAGGI will make every attempt to ship all products contained in the order at the same time. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
6.5 Your receipt of an electronic or other form of order confirmation does not signify AZAGGI’s acceptance of your order, nor does it constitute confirmation of AZAGGI’s offer to sell. AZAGGI reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item. 6.6 AZAGGI will ship your order as it becomes available. Usually, products ship the same day, or by the next business day for orders received on Saturday, Sunday or any major holiday. You may cancel your order at any time prior to shipping. AZAGGI cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by AZAGGI or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability. There may be times when a product you have ordered is out-of-stock or cannot be immediately shipped, which will delay fulfilling your order. Delivery of these particular products varies and depends on individual production timelines. AZAGGI will keep you informed of any products that you have ordered that are out-of-stock or unavailable for immediate shipment, and provide an estimate of these delivery timeframes. These are estimated timeframes and may vary from the actual time necessary to complete your order. AZAGGI will confirm commitment with you before proceeding with an order that requires this additional completion time. When your item is ready, you will be notified and required to verify payment information. AZAGGI requires payment for these orders within fourteen (14) days of notification, with cancellation of the order after that point. Orders that are finalized in this fashion will be delivered based on the previously confirmed method of shipment. 6.7 AZAGGI will gladly accept the return of products that are defective due to defects in manufacturing and/or workmanship for thirty (30) days from the date of purchase. Fulfillment mistakes that AZAGGI makes resulting in the shipment of incorrect product to you will also be accepted for return thirty (30) days from the date of purchase.
6.8 AZAGGI shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes
When you set up an account through the Website, you will be able to choose a login and password to use in accessing the Website. You are responsible for maintaining the confidentiality of your login and password information. In the event of a breach of security through your account, you will be liable for any damage caused by the unauthorized use until you notify us in writing of the breach of security, and we have had a reasonable opportunity to remedy the unauthorized use. You agree to provide AZAGGI with all assistance necessary to remedy such unauthorized use of the Website caused by a breach of security through your account.
8. Disclaimer of Warranties; Limitation of Liability
Although AZAGGI strives to provide information through the Website, you acknowledge and agree that your use of the Website is subject to the following disclaimers and limitations of liability:
(a) THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AZAGGI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AZAGGI MAKES NO WARRANTY THAT (i) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS OR INFORMATION OBTAINED FROM THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
(b) UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, AZAGGI MAKES NO WARRANTY THAT THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY AZAGGI, ON AZAGGI’S BEHALF, OR BY OTHERS, ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.
(c) UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL AZAGGI, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSEES OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON INFORMATION OBTAINED ON THE WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT AZAGGI IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME FROM AZAGGI OR ITS SUBSIDIARIES AND AFFILIATES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY EXCLUSIVE REMEDY IN THIS AGREEMENT FAILS ITS ESSENTIAL PURPOSE.
(d) Exclusions and Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
10. Third Party Links
The Website may contain links to third party websites or resources, or you may have come to the Website using a link on another website. AZAGGI makes no representation or warranties concerning such third party websites or resources and is not responsible for the content or operation of such third party websites or resources, and shall have no liability in connection with them.
11. Warning Against Hackers
It is possible that other users or unauthorized "hackers" may post or transmit offensive or obscene materials to or from the Website and that you may be involuntarily exposed to such materials. It may also be possible for other users or "hackers" to obtain personal information about you. By using the Website, you assume the risk of such occurrences.
You agree that AZAGGI may, under certain circumstances and without prior notice, immediately terminate your right to use or make purchases through the Website in the event that:
(b) AZAGGI, in its sole discretion, decides to discontinue access to the Website. You agree that all terminations shall be made in AZAGGI’s sole discretion and that AZAGGI shall not be liable to you or any third-party for any termination of your account or access to the Website.
13. Notice for California Users
Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at email@example.com.
14. Dispute Resolution By Binding Arbitration and Choice of Law
THIS ARBITRATION AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES BY PROVIDING THAT DISPUTES BETWEEN YOU AND AZAGGI MUST BE RESOLVED THROUGH BINDING ARBITRATION OR IN SMALL CLAIMS COURT. PLEASE READ THIS AGREEMENT CAREFULLY.
Most user concerns can be resolved quickly and to the user’s satisfaction by contacting our customer service department by firstname.lastname@example.org. In the unlikely event that AZAGGI’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute it has with you after attempting to do so informally), you and AZAGGI agree to resolve those disputes through binding arbitration or in small claims court, rather than proceeding in a court of general jurisdiction. You and AZAGGI further agree that each party can bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted even if the arbitral body permits claims to proceed on a class wide basis. For any non-frivolous claim that does not exceed $50,000, AZAGGI will pay all costs of arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from to at least the same extent as you would be entitled to in court.
This Agreement is governed by the laws of the State of New York, irrespective of any principles of conflicts of law.
16. Contact Information
You may send AZAGGI notices or communicate with AZAGGI by email to email@example.com. If you do not receive a response from AZAGGI to any emails you send to AZAGGI within 7 business days, please send AZAGGI another email as your original email may not have been received.