sandtla.com Terms of Sale and Use
PLEASE READ THE FOLLOWING TERMS OF SALE AND USE CAREFULLY BEFORE USING THE SANDTLA.COM WEB SITE (the “SITE”).
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE, ORDER ANY PRODUCTS OR SERVICES THROUGH THE SITE OR USE ANY MATERIALS (AS DEFINED BELOW).
When you submit an order to purchase products through our Site, each order and each part of an order, constitutes an offer to purchase products from us. Once S&T receives your order you will receive an email from us confirming receipt of your order. If you do not receive an email, contact us before you try to place another order for the same products. You should note that the email that we send to you confirming receipt of your order does not constitute acceptance of your order. When you place an order for products through the Site, we will not accept, or be deemed to accept, that order (or any part of your order) until the requested product(s) is actually shipped and we have sent you a shipment confirmation email. Shipping and handling charges will depend on the value of your order, the country to which the merchandise is being shipped, and your required shipping time. You can find a list of our shipping and handling charges and our delivery terms below.
You can make changes to or cancel your order at any time before it has been accepted by S&T. To make changes to your order, please contact us by e-mail at firstname.lastname@example.org. If your order is cancelled, any authorization holds will be dropped from your account, usually within three to five business days.
Please note that all features, specifications, products and prices of our products described on the Site are subject to change at any time without notice; provided, however, that S&T will not vary the price of our products after an order is actually accepted. From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on this Site. S&T has made every effort to display as accurately as possible the colors of our products that appear on the Site but the actual color you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products or services on this Site does not imply or warrant that these products or services will be available at any particular time.
S&T reserves the right to deny any order for any reason, including, without limitation, an error in pricing or other information about the products on the Site. If your order is rejected because of a pricing or other error regarding the information about the products you have selected, S&T will notify you by email and ask you to submit another order to purchase the relevant products after S&T has corrected the error. S&T may also cancel an order. If this occurs S&T will contact you so you are aware. Please note that if Sunday has already notified you that your offer was accepted by sending you a shipping confirmation email, you will not be required to pay more than the price for the products that was displayed on the Site at the time that you submitted your order.
In addition, S&T cannot process orders if there is a problem with the information you have submitted with the order. For example, orders cannot be processed if we do not receive correct credit card or debit card information, such as incorrect card numbers, expiration dates, or if we do not receive correct billing and shipping information (including street address, city, state, zip or postal code. S&T also rejects any orders suspected to contain fraudulent information. S&T may also cancel order if a product is delayed or becomes unavailable. If this occurs we will contact you by email so you are aware of the cancelation.
Any products on backorder are temporarily out of stock and you will not be charged for any product on backorder until it ships. Shipping and handling for each item in an order is directly proportional to the weight of each product and will not be charged in the applicable proportional amount until the specific product has been shipped. All products in an order will be shipped via the shipping service type selected when placing the order. The status of a backordered product will remain open until the product is shipped unless S&T contacts you to notify you that the order for that product was cancelled, or if you contact S&T to change or cancel your order. If S&T is unable to ship any backorder product within thirty (30) days from the date of your order, we will notify you by e-mail.
S&T products are private labeled and we do not allow the resale for personal or business profit or reshipping of our products. S&T will reject any order found to have characteristics of reselling or reshipping and we reserve the right to cancel all subsequent orders from such customers.
S&T also may reject any order if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history as well as any orders connected with a previous credit card dispute.
When you pay by Credit Card (S&T accepts Mastercard, Visa, American Express and Discover cards), S&T reserves the right to request additional evidence or proof of billing information. If you contest the validity or amount of a charge related to an order with S&T and believe it to be fraudulent, please email us at email@example.com.
We reserve the right to prosecute to the fullest extent of the law any fraudulent activities related to the reversal of a valid charge for a product order that has been filled and delivered by S&T.
Because our Terms, including our sales terms, are subject to change, please review and save a copy of the Terms for your records prior to placing each order. If you have any questions about the Terms or your order, please e-mail us at firstname.lastname@example.org.
Product Shipping and Returns
Please link here to view our Shipping and Return policies, which are incorporated into these Term by reference, for products purchased through the Site.
All of the text, information, trademarks, trade dress, features, images, displays, content, functions, processes, software, the compilation of the Site and other materials that make up or are contained on the Site (“Material”) is the proprietary intellectual property of S&T and its licensors. The Materials are protected by U.S. and foreign patent, copyright, trademark and other laws. Except for the revocable and limited access right discussed below, S&T expressly reserves all other rights in and to the Materials, the Site and the services offered through the Site.
Site Changes and Operation
S&T reserves the right to discontinue, change and/or modify the Site, the products and services offered through the Site (including prices) and the Materials at any time, in any way, for any or no reason.
Limited Purpose; Rules of Conduct
If, and only if, you agree to, and are in full compliance with, the Terms, S&T authorizes you to view and access a single copy of the publicly available pages on the Site solely for your personal use. Any other use, duplication, distribution or other exploitation of the Site, the products or services offered through the Site, the Materials or any portion thereof is strictly prohibited. Without limiting the foregoing, in no event may any user directly or indirectly:
(1) Make any unauthorized use of S&T's trademarks, trade names, logos, names and trade dress. No license for the use of these materials is granted to you under these Terms or by your use of the Site;
(2) republish, post, upload, frame, retransmit, redistribute, modify, remove any intellectual property or similar notices or otherwise reproduce the Site, the products or services offered through the Site or any Materials in any format to anyone in any way (other than the download to your personal computer that is inherent in viewing a web page);
(3) access, attempt to access, or obtain any information regarding other users;
(4) allow anyone else to use or access your name or account;
(5) link to the Site without S&T's prior written permission;
(6) deep-link to any page or portion of the Site;
(7) use any robot, spider or other data mining or other automatic device, program, or similar process or means to access, acquire, copy or monitor the Site, another user, the Materials or any portion thereof, or in any way circumvent the navigational structure or presentation of the Site or any Materials;
(8) breach or attempt to breach the security or authentication measures on the Site or any network or database connected to the Site;
(9) collect any information related to any Site users, the S&T products or services or other Material from the Site for the benefit of any other entity or person or share this information with any other person or entity;
(10) decompile, reverse engineer, disassemble or otherwise reduce any software code for the Site to a human-readable form;
(11) make any automated high-volume or other use of the Site for re-mailing, spamming or other purposes;
(12) use the Site, the products or services offered through the Site or the Material in violation of any applicable law, rule or regulation;
(13) use the Site to offer to sell or advertise any products or services;
(14) submit any information, data, content or other material that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site, the Materials or any connected network or database, or otherwise interferes with any person or entity's use or enjoyment of the Site;
(15) submit any information, data, content or other material in violation of any applicable law or regulation, that violates or infringes upon the patent, trademark, copyright, trade secret, privacy, publicity or other rights of any third party;
(16) submit any information, data, content or other material that is false, misleading, deceptive, defamatory, obscene, indecent, threatening, abusive, offensive, harassing, or hateful;
(17) pretend to be another person or entity or misrepresent your identity, sponsorship, or affiliation with any such third party, including using a third party’s personally identifiable or other account information; or
(18) resell or reship any products ordered through the Site.
You are responsible for all acts, omissions, statements and other uses of your account and other information on the Site and the related services.
We cannot and do not assure that other users are or will comply with the foregoing Rules of Conduct or any other provisions of these Terms, and, as between you and S&T, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
Submissions, Removal and Disclosure
S&T reserves the right, but disclaims any obligation or responsibility, to refuse to post or remove any information provided by a user that violates these Terms and to identify any user to third parties, and/or disclose to third parties any such submission, account or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms and/or protect the safety or security of any person or property, including the Site. Moreover, Sunday retains all rights to remove submissions at any time for any reason or no reason whatsoever.
In addition, we do not want, accept and/or consider any suggestions, inventions, modifications, improvements, concepts, ideas or other information regarding the Site, the Materials or the products or services offered through the Site (“Ideas”). If you send us any such unsolicited Idea by any means, however, you hereby agree that S&T has no obligation to protect or keep the idea confidential for you or any other person or entity, that the Idea and all intellectual property and other rights in and to the Idea shall be the sole and exclusive property of S&T and that S&T shall have the unlimited and unrestricted right to use, develop and otherwise exploit the Idea in all forms, formats, manners and forever throughout the world for any purpose whatsoever, commercial or otherwise, without notice, compensation and/or approval to or from you or any other person or entity.
Links and Other Third Party Materials and Actions
You should be aware that when you are on the Site, there may be links to other sites that take you outside of our service to sites that are beyond our control. You acknowledge that when you click on any of these links, the sites you are taken to are not controlled by S&T and that we are not responsible for such sites.
In addition, S&T does not endorse and cannot ensure that you will be satisfied with any products or services offered by a third-party in connection with the Site. S&T does not control and is not responsible for the acts, omissions, statements and/or other conduct of any third party. You are solely responsible for making whatever investigation you feel necessary or appropriate before communicating with any third party or proceeding with any transaction with a third party.
THE SITE, THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE AND THE MATERIALS ON OR OTHERWISE RELATED IN ANY WAY TO THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, S&T DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, NONINFRINGEMENT OR THAT THE SITE, OR THAT THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE OR ANY MATERIALS WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE BY YOUR USE OF THE SITE THAT YOUR USE IS AT YOUR OWN SOLE RISK. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.
You hereby agree to indemnify, defend, and hold S&T and our licensors and each of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Site, the products services offered through the Site and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. S&T reserves the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL S&T OR OUR LICENSORS OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SERVICES OFFERED THROUGH THE SITE OR THE MATERIALS, EVEN IF S&T HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL S&T’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL S&T BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND ITS REASONABLE CONTROL.
This Site is not intended for viewing and use outside the United States and S&T makes no representation that the Site, the products or services offered through the Site or Material on the Site is appropriate or available for use in any particular location within the United States. Your use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than California. If you choose to access and use the Site and related services you do so on your own initiative and you are responsible for compliance with all applicable laws including any applicable local laws.
Binding Arbitration and Class Action Waiver
You and S&T agree to arbitrate all disputes between you and Sunday Intimates LLC dba S&T, except disputes relating to the enforcement of S&T’s intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the S&T’s products, services or these Terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.
In the event of a dispute, you or S&T must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to S&T at:
Sunday Intimates LLC dba S&T
342 South Beverly Drive
Beverly Hills, CA 90212
We will send any notice of dispute to you at the contact information we have for you. You and S&T will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and S&T do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, S&T will pay all filing, AAA, and arbitrator’s fees and expenses. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or $1,000, whichever is greater, and pay your attorney, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrue for investigating, preparing and pursuing your claim in arbitration. We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.
The arbitration will take place at any reasonable location convenient for you. You and S&T agree to submit to the personal jurisdiction of the federal or state courts located in Los Angeles County, California, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor S&T will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
Entire Agreement; Amendment