Terms of Use
Website Terms of Use
Use of this website, www.sclarandis.com, (the “Website”) is subject to the following terms and conditions (the “Terms of Use”). If you do not agree to these Terms of Use, please do not access or use this Website. This Website is operated by Sclarandis, LLC (“we”, “us”, “our” or “Sclarandis”). As privacy laws, technology, and our services change over time, we may change these Terms of Use at any time without notice. Use of the Website constitutes your agreement to be bound by these terms.
Account Service Terms
If you create and use an account on the Website, you are responsible for securing and maintaining the confidentiality of your account and password and for restricting access to your computer or devices used to access the Website. Access of the Website and use of an account is conditioned on the following:
- You are 18 years or older or at least the age of majority in the jurisdiction in which you reside while using the Website;
- Your registered account information is accurate and includes your full legal name, current address, phone number, email address, and other information that you may provide;
- In order to fulfill your requests we may contact you by any of your contact options, but we will prioritize email contacts;
- You will not attempt to duplicate, copy, sell, resell, crawl, or mine any of the information, products, product listings, prices, assets or information presented on the Website, or portion thereof, or access the Website in any manner not expressly permitted by us, nor attempt to send any worms, viruses or malicious code to the Website;
- You will not reframe or utilize framing techniques to enclose any trademark, logo, asset, or other proprietary information (including images, text, page layout, or form) of the Website without our express written consent;
- You acknowledge and agree that use of the Website may involve data and personal information transmitted to us and agree to our privacy policy;
- You acknowledge and agree that use of the Website may involve the transfer and transmission of your information to our vendors, including Shopify, and that your information may also be governed by their data storage and privacy policies;
- Subject to your compliance with these Terms of Use, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable, license to access and make personal, non-commercial use of the Website (all rights not explicitly granted are full reserved); and
- Any misuse of the Website, breach or violation of the Terms of Use as determined in our sole discretion may result in termination of your license to access the Website.
Return Policy
All products should be tried on a clean carpeted surface. If you are not satisfied with a product, you may return the unworn product in its original packaging (such as tags, shoe box, and dust bags) within 14 days of the product being shipped. Please visit https://www.sclarandis.com/shipping-returns/ to request a return. Sclarandis reserves the right to refuse any return on merchandise that does not meet our requirements.
Disclaimers
Although we have made reasonable efforts to ensure that the materials contained on the Website are accurate, we do not warrant or guarantee: the accuracy, currency or completeness of the information and materials on the Website, that the Website will be available without interruption, error or omission; that defects will be corrected; or that the Website and the server(s) that make it available are free from viruses, malware, or harmful components. The Website and the materials therein are provided “as is” and “as available” without representations, warranties or conditions of any kind, either express or implied. We do not warrant that any product description or other content on the Website is accurate, complete, reliable, current or error-free, and your sole remedy if any product is not as described is to return it in an un-worn, unused condition for a refund of your purchase price as per our return policies. We cannot confirm the price of any particular product until you order, but despite our best efforts, some items may be mispriced. If the correct price of a particular product is higher than our stated price, we will in sole discretion, either contact you for instructions before shipping or cancel and refund your order and notify you of such cancellation and refund. We reserve the right to limit or cancel quantities of products purchased per person, per household, or per order.
Limitation of Liability
You expressly understand and agree that Sclarandis, LLC (including its officers, directors, members, managers, employees and agents) shall not be liable for any and all liabilities, obligations, costs (including reasonable attorneys’ fees and costs), and damages (whether absolute, accrued, conditional or otherwise and whether or not resulting from third-party claims), and all direct and indirect diminution in value, and loss of business and business prospects, and all special, consequential and punitive damages, which may result from your use of the Website.
Indemnification
You agree to indemnify and hold harmless Sclarandis, LLC (including its officers, directors, members, managers, employees and agents), from and against and pay or reimburse for any and all liabilities, obligations, costs (including reasonable attorneys’ fees and costs), and damages (whether absolute, accrued, conditional or otherwise and whether or not resulting from third-party claims), and all direct and indirect diminution in value, and loss of business and business prospects, and all special, consequential and punitive damages, which may result from your use of the Website.
Intellectual Property
The Website and all assets and products found on therein include material protected under copyright, trademark, trade dress and other intellectual property laws and are owned or licensed by us. The Website, as a whole, or in part, may not be reproduced without our express prior written consent. Assets on the Website may not be reframed or direct linked to without our express prior written consent.
SclarandisTM is a trademark of ours, and all other brand names, product names, trademarks and servicemarks are the property of their respective owners.
Complaints
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or another intellectual property violation, please contact us at letschat@sclarandis.com.
Links to Third Party Sites
The Website has been designed to be a resource for information on matters that may be of interest to current or potential clients. As a result, the Website contains links to third party sites. These links are provided only for convenience, and do not imply any endorsement or recommendation of the information contained in the linked web sites, nor guarantee the accuracy, timeliness, or fitness for a particular purpose of such information. We take no responsibility for the content or practices of third party sites.
This website uses the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our site. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to the Sclarandis website. Any data collected will be used in accordance with our own privacy policy and Google’s privacy policy. You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.
Miscellaneous
This Agreement shall be governed in all respects, including as to validity, interpretation and effect, by the internal laws of the State of New York without giving effect to the conflict of laws rules thereof. You agree that any conflict that may arise out of this Terms of Use, or any violation thereof, may be adjudicated by the state and federal courts in Manhattan, New York, and submit to the court’s jurisdiction.
If any provision of this Terms of Use is inoperative or unenforceable for any reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatsoever.
The invalidity of any one or more phrases, sentences, clauses or sections of this Terms of Use shall not affect the remaining portions of this Terms of Use.
Any legal action or claim arising out of or relating to our services must be commenced within one year from the date the cause of action accrued.
This Agreement shall be assignable by you without our express prior written consent.
Effective: February 7th 2017