Terms and Conditions

Last Updated: April 19 2017

 

OVERVIEW: This website (“Site”) is owned and operated by Nolining LLC, doing business as Samira Buchi New York (“we”, “us” or “our”).

These Terms of Service (“Terms”) create an agreement between us and you, and state the terms and conditions under which you may use our services and purchase our products, which are available through the Site (the “Services”).  Please read these Terms carefully.  You  acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which are incorporated herein by reference. If you do not agree to any of these Terms, then you are not permitted to use the Services.

We may change these Terms from time to time and any changes will be posted on this page. We recommend that you review these Terms on a regular basis. Your continued use of the Site shall constitute your acceptance of such revised Terms. We reserve the right to deny access to anyone who violates these Terms.

THESE TERMS OF USE REQUIRE YOU TO ARBITRATE ANY AND ALL CLAIMS AGAINST US, AND FURTHER REQUIRE YOU TO WAIVE IMPORTANT RIGHTS, INCLUDING THE RIGHT TO JOIN IN ANY CLASS ACTIONS AGAINST NOLINING LLC  OR MS. SAMIRA BUCHI, AND A RIGHT TO TRIAL BY JURY.

 

ONLINE STORE TERMS: By agreeing to these Terms, you represent that you are at least the legal age of majority in your state or province of residence.  All product purchases through this Site are subject to our additional terms for product Returns, Care, Availability , Shipping and Payment, which are incorporated into and form a part of these Terms.

 

You may not purchase or use our products or Services for any illegal or unauthorized purpose.  A breach or violation of any of these Terms will result in an immediate termination of your account and use of our Services in our sole discretion.  We reserve the right to limit sales to any person based on applicable laws and regulations and non-compliance with these Terms and we may exercise this right on a case-by-case basis.

 

PURCHASES FOR PERSONAL USE ONLY: This Site is intended for consumer retail sales and not for the wholesale trade.  You may purchase Samira Buchi New York products for personal use only and not for wholesale distribution or resale as new products.  By placing an order, you are certifying that you are purchasing products for personal use only and not for wholesaled or reseller trade. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We reserve the right to refuse orders for any lawful reason without explanation.

 

ERRORS, INACCURACIES AND OMISSIONS : Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to changeor update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

 

PRODUCT DESCRIPTIONS, AVAILABILITY AND PRICING:  We attempt to be as accurate as possible with descriptions and pricing of our high quality products on our Site.  Certain products may be available exclusively online through the Site. These products may have limited quantities and are subject to our current Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear in our Site. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products to any geographic region or jurisdiction.

We reserve the right to limit the quantities of any products that we offer. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product on this Site is void where prohibited. SUBJECT ONLY TO OUR RETURN POLICY, WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

We reserve the right to refuse any order you place with us for any lawful reason. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION: You agree to provide current, complete and accurate purchase and account information for all purchases made at our Site store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

TRANSMISSION OF INFORMATION AND UNSOLICITED CONTENT: You understand that any content you may provide to us (not including credit card information) may be transferred unencrypted over the Internet and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You have a duty to update any information you provide to us in order to keep it truthful and accurate.  You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

By submitting to us any unsolicited content, including comments, ideas, questions, designs, photographs and other similar communications (collectively, “Unsolicited Information”), you  grant to us and our affiliates a perpetual, worldwide, royalty-free, non-exclusive, irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit,  display, perform, broadcast, sublicense, re-post, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information for any lawful purpose relating to our Site, Services, products, packaging, business and for related marketing and advertising purposes. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any Unsolicited Information you send to us for any lawful purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products, and related marketing and advertising purposes. All Unsolicited Information will be considered non-confidential and non-proprietary. If you do not agree with this provision, do not send us any Unsolicited Information.

 

PROHIBITED USES: In addition to other prohibitions as set forth in the Terms, you are prohibited from using or accessing the Site, Services or their content and code: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, stalk, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against others based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, the Site or of any other websites, or to access or attempt to gain access to any data, files, or passwords related to the Site and Services through hacking, password or data mining, or any other means; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape any content or data from our Site; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services, Site or any other websites, or the Internet. We reserve the right to terminate your use of the Services in our sole discretion for violating any of these prohibited uses.

 

THIRD-PARTY LINKS : Our Site may include links to other unaffiliated third-party sites that offer certain content, products and services. We are not responsible for examining or evaluating the content or accuracy of such sites and we do not warrant and will have no liability or responsibility for any third-party materials or websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully any third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

PERSONAL INFORMATION : Your submission of personal information through the Site is governed by our Privacy Policy, which is incorporated by reference into these Terms.

 

OWNERSHIP AND INTELLECTUAL PROPERTY:  The Site and Services contain materials, such as software, text, graphics, images, and other content, that are protected by copyright, trademark and other intellectual property laws (collectively, “Intellectual Property”) under both United States and foreign laws.  Intellectual Property includes the trademark SAMIRA BUCHI NEW YORK™ displayed on the Site that is owned by Samira Buchi under license to Nolining LLC. Except as expressly permitted in these Terms, you have no rights in or to the Intellectual Property.  Site page content and images may be downloaded by you solely for reference or comment for personal, non-commercial use, or for uses that qualify as copyright “fair use” under Section 107 of the United States Copyright Act.  You agree not to otherwise reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services.

 

COMPLIANCE WITH APPLICABLE LAWS: The Site and the Services are based and hosted in the United States, and the Services are intended to be used only by residents of the United States who are age 18 years or older. We make no claims concerning whether the Site and Services may be appropriate for use outside of the United States . If you access the Services from outside of the United States, you do so at your own risk.  In either case, you are responsible for ensuring compliance with the laws of your specific jurisdiction.

 

INDEMNIFICATION: You agree to indemnify, defend and hold harmless Nolining LLC, Nolining LLC’s parent, subsidiary and affiliated companies, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, and Ms. Samira Buchi and her heirs, assigns and licensees, for any damages, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), arising from any third-party claim or demand concerning or relating to your breach of these Terms or your violation of any law or the rights of a third-party.

 

SEVERABILITY: In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms.

 

GOVERNING LAW: THE INTERPRETATION, APPLICATION AND ENFORCEMENT OF THESE TERMS SHALL BE  GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO NEW YORK’S CONFLICTS OF LAW PRINCIPALS.

MANDATORY ARBITRATION: YOU AND NOLINING LLC EXPRESSLY AGREE THAT ANY CONTROVERSY, DISPUTE OR CLAIM ARISING OUT OF, CONCERNING OR RELATING TO THESE TERMS, OR THE BREACH OR INTERPRETATION THEREOF, THE SITE CONTENT, PRODUCTS OFFERED FOR SALE THROUGH THE SITE, USE OF OR ACCESS TO THE SITE, OR MS. SAMIRA BUCHI, SHALL BE RESOLVED BY BINDING ARBITRATION BEFORE JAMS (A RESPECTED ARBITRATION ORGANIZATION) IN THE STATE AND COUNTY OF NEW YORK, BEFORE A SINGLE ARBITRATOR, AND YOU AND WE EXPRESSLY WAIVE ANY TYPE OF COURT ACTION AND TRIAL BY JURY IN CONNECTION THEREWITH. THE ARBITRATION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”) AND THE APPLICABLE RULES OF JAMS THAT ARE NOT INCONSISTENT WITH THE FAA.

CLASS ACTION WAIVER: YOU EXPRESSLY WAIVE ANY RIGHT TO BE NAMED AS A PLAINTIFF OR PARTICIPATE IN ANY CLASS ACTION AGAINST NOLINING LLC OR MS. SAMIRA BUCHI, AND AGREE THAT ANY ARBITRATION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.

EXCLUSIVE JURISDICTION/JURY WAIVER: TO THE EXTENT ANY RELIEF IS NECESSARY IN THE FORM OF COURT ACTION TO COMPEL ARBITRATION OR SEEK EQUITABLE RELIEF IN AID OF ARBITRATION, YOU AND NOLINING LLC CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS LOCATED IN THE STATE AND COUNTY OF NEW YORK AND WAIVE ANY DEFENSE BASED ON SUCH VENUE OR INCONVENIENT FORUM.   

 

ELECTRONIC COMMUNICATIONS:  We may communicate with you in various ways, including by e-mails, text messages, and other means of electronic communications. You consent to receive communications from us electronically, and you should retain copies of these communications for your own records.  You agree that all agreements, notices and other communications that we provide to you electronically satisfy any state and federal legal requirements that such communications be in writing.

 

MISCELLANEOUS:  The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, together with our Privacy Policy and additional purchase terms, and any policies or operating rules posted by us on this Site or respecting the  Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, and supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against NOLINING LLC as the drafting party.  The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

CHANGES TO TERMS OF SERVICE : You can review the most current version of these Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

 

© 2017 Nolining LLC.  All rights reserved worldwide