Terms and Conditions - JCVAP®|Official Store

Welcome to our online store. We provide its services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use our service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they are incorporated into this Agreement by this reference. We reserves the right to change this site and these terms and conditions at any time.

Use of Site:

You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, we hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted in advance. we reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believes that customer conduct violates applicable law or is harmful to our interests.

You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we has no obligation to investigate the authorization or source of any such access or use of the Site.

You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.

New Users Subscribed By Default to Newsletter.

Notice: we can ship from different warehouses. For orders with more than item, we may split your order into several packages according to stock levels at our own discretion. We will process orders according to the dispatch time indicated on the website. If the item has not been shipped based on this estimation, we will offer the customer a solution via the Support Center. If the customer contacts us before this we will act according to their requests and our policy. Thank you for your understanding.

Reviews and Comments

Except as otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to the site and/or provide, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to our site without charge and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry in the future.

You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. we assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify the Sponsor against any losses caused due to the use of the entries for any purposes.

In addition to the rights applicable to any Submission, when you post comments or reviews to the site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this site and that use of your reviews, comments, or other Content will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead or third parties as to the origin of any Submissions or Content. but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.

Copyright

All text, graphics, photographs or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on the website (collectively, “Content”), belongs exclusively to our site or its appropriate content suppliers. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content or otherwise dispose of any of the Content in a way not permitted, without our’s express prior written consent. The use of data mining, robots, or similar data gathering and extraction tools as well as the use of our trademarks or service marks in meta-tags is strictly prohibited. You may view and use the Content only for your personal information and for shopping and ordering on the site and for no other purpose. The collection, arrangement, and assembly of all content on this site (the “Compilation”) belong exclusively to us. You may not use our Content or Compilation in any manner that disparages or discredits us or in any way that is likely to cause confusion or violation of any applicable laws or regulations. All software used on this Site (the “Software”) is the property and/or its Software suppliers. The Content, the Compilation and the Software are all protected under state, national and international copyright laws. All rights not expressly granted are reserved. Violators will be prosecuted to the full extent of the law.

We recognizes and respects all copyrights and trademarks. As such, any usage of television, motion picture, music, film festival or other names or titles have no connection to us and are the sole property of the copyright or trademark holders. Our dresses are inspired by celebrity style and are our recreations of item’s worn by the celebrities on your favorite television shows and the red carpet, however they are not authorized, endorsed by, or connected to these shows in any way and are not meant as infringements of any registered trademarks or copyrights.

Intellectual Property Infringement Policy

It is the policy to take appropriate action where necessary to uphold and recognize all relevant State, Federal and International laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws. If you are an intellectual property rights owner and you believe that our sells, offers for sale, or makes available goods and/or services that infringe your intellectual property rights, then send the following information in its entirety to us

Information required

1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;

2. A description of the allegedly infringing work or material;

3. A description of where the allegedly infringing material is located on the site (product(s) URL);

4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;

5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;

6. Identification of the intellectual property rights that you claim are infringed by the Website(e.g. “XYZ copyright”, “ABC trademark, Reg. No. 123456, registered 1/1/04”,etc);

7. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.

Termination and Effect of Termination

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the site, in addition to any other legal or equitable remedies, immediately revoke all password(s), and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. we reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

Both parties agree that, following order dispatch, transportation is the sole responsibility of the third-party logistics provider. During this stage, full ownership of the product(s) belongs to the buyer; all associated liability and risks during transportation shall be borne by the buyer. All orders reported as “delivered” by shipping companies are considered delivered. we cannot be made liable of non-delivery in this case.

Typographical Errors

While we strives to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

Pricing in Different Currencies

Pricing of products sold by us is based upon figures calculated in U.S. Dollars (US$). Prices displayed in other currencies are converted from U.S. Dollars according to the most up to date conversion rates. Due to fluctuating currency values, prices displayed in non-U.S. denominations of currency on the Site, other than on the individual product page, may not be the most current. Areas of the Site where non-U.S. denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages. The price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to us, excluding shipping.

Under this agreement, the payment processing services for goods and/or services purchased on this website are provided by ZAMBITIOUS. S.L,a Spanish company, having its registered office LEFT DOOR, 2ND FLOOR, BLOCK C, SAN BENITO STREET 1, 03013 ALICANTE/ALACANT, ALICANTE.

In the event you choose to pay with credit card and the payment will be processed via a European Acquirer, these terms are an agreement between you and ZAMBITIOUS. S.L. For any other type of purchases, these terms are an agreement between you and ZAMBITIOUS. S.L and goods and/or services will be delivered by ZAMBITIOUS. S.L directly.

Arbitration

Where the parties fail to settle dispute within 30 days after such dispute occurs, they agree to submit such dispute to International Economic and Trade Arbitration Commission(the “SCIA”) for arbitration which shall be conducted in accordance with the Commission’s arbitration rules in effect at the time of applying for arbitration. The arbitral awards are final and binding upon both parties.

Applicable Law

These conditions are governed by and construed exclusively under Spanish law without regard to conflicts of laws principles.

Links

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that here is not responsible for the operation of or content located on or through any such site.

Remedies

You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.

No right or remedy of we shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys’ fees and expenses.

No instance of waiver of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

Order Cancelation

Please note that packed or shipped orders cannot be canceled or changed. Only orders that are paid, processing or partially shipped may be modified. Please contact our dedicated customer service team as soon as possible if you would like to cancel a shipped order. Our agents will help you the best they can, however, if an order cannot be canceled, please accept the package and refer to our warranty page.

Customer Code of Conduct

We are always here for our customers and will do our best to resolve all issues to customer’s satisfaction in a polite, professional and amicable way. Thus, we will not tolerate any unacceptable or unreasonable behavior towards our Customer Service Team members.

Unacceptable behavior directed towards Customer Service staff or we may, for example, include but not be limited to any of the following:

– Aggressive, abusive and threatening behavior. Examples include: any and all direct or implied threats on any communication channel; intimidating language; personal and verbal abuse; sexist, racist, homophobic, or derogatory remarks; rudeness; inflammatory statements; swearing; and unsubstantiated allegations.

– Persistently making habitually demanding or vexatious complaints, despite the matter having been fully addressed; similarly, repeating complaints persisting despite reasonable and fair solutions being offered in accordance with our policies.

– Asking, expecting or demanding staff to breach established company policy guidelines, e.g. refund amount, time-frame, special compensation, etc.; similarly, seeking an unrealistic outcome beyond the scope of our own policies and procedures. By default, the refund amount cannot exceed the original order amount paid to us.

– Repeatedly changing the nature (or focus) of a complaint or the desired outcome, part way, after a formal response has been provided.

– Excessive number of complaints compared to the total purchase value history. Including opening an excessive number of Live Chat or tickets.

For such behavior, complainants may be advised and formally notified of the following:

– Their language is considered offensive, abusive, threatening, and wholly unacceptable.

– They must refrain from using such language, intimidation, and threats.

– There will be no further exchange of correspondence on the matter if they persist with this behavior.

– We reserves the right to no longer accept orders from the customer in the future without further notice.”

The Complaint Escalation Process

This process applies strictly to Customer Service issues. For separate legal issues such as copyright, please refer to our legal window here :

If the customer is dissatisfied with the solution offered by our Customer Service, the customer may contact our Customer Service Supervisor by submitting a new ticket in “submit a formal complaint” section as follows:

Please contact us within 3 months from the shipment date if you still have not received your package when shipped via standard, flat rate or priority shipping. For Latin America this deadline is extended to 4 months for postal deliveries. All expedited delivery issues must also be reported within 3 months from the shipment date. After this period, we will no longer be able to offer compensation. Kindly note that packages shown as delivered on the shipping courier’s website by expedited shipping method are exempt from this policy.

We respond to all complaints within 24 hours except on weekends and public holidays.