Welcome to latibay.com. We provide services to you
subject to the notices, terms, and conditions set forth in this agreement (the
"Agreement"). In addition, when you use any latibay.com service
(e.g. placing an order or writing a customer review), 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. latibay.com reserves the right to change this site and these
terms and conditions at any time.
Accessing, browsing, or otherwise using the site
indicates your agreement to all the terms and conditions in this Agreement.
Please read this Agreement carefully before proceeding.
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, latibay.com 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 by latibay.com
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 by latibay.com
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 by latibay.com in advance. latibay.com
reserves the right to refuse service, terminate accounts, and/or cancel orders
in its discretion, including, without limitation, if latibay.com believes that
customer conduct violates applicable law or is harmful to latibay.com's
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) includes any bugs, viruses,
worms, trap doors, Trojan horses or other harmful code or properties. latibay.com
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 latibay.com
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 latibay.com of any
unauthorized use of your password or identification or any other breach or threatened
breach of this Site's security. After registering, you will receive our
newsletters with information about sales, coupons, and special promotions. You
can unsubscribe by using the link from any email newsletter or your personal
subscribe setting after logged in. Default Subscription for Newsletter for
Registered Users.
Latibay User Account
You warrant that your Submissions, in whole or in part,
are clear and free of any IP right infringement, disputes or third party
claims. latibay.com 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.
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 latibay.com,
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 latibay.com
without charge and latibay.com 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 of latibay.com
and shall not be returned to you and you agree not to raise any dispute in
connection with any use of the entry by latibay.com 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. latibay.com 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 latibay.com 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 by latibay.com 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 latibay.com or third parties as to the origin of any Submissions
or Content. latibay.com may, but shall not be obligated to remove or edit any
Submissions (including comments or reviews) for any reason.
Order Cancelation
Please kindly note that only orders that are in the paid,
processing or partially shipped status may be modified or canceled.
All other orders cannot be changed. We apologize for this
inconvenience. In the event that you wish to cancel a shipped or packed order,
please contact our dedicated support center for assistance as soon as possible.
If your order, unfortunately, cannot be canceled, we
kindly suggest that you accept the package and refer to our warranty policy for
more information.
Shipments
At Latibay all shipments are sent from different
warehouses and are delivered duty unpaid. Consequently, any and all customs or
import duties are charged once the parcel reaches its destination country. If
any, these charges must be paid by the customers. Should the customers refuse
the package due to import duties or taxes, they take full liability for all the
cost involved in the process. Due to customs regulations, please note that latibay cannot
to declare purchased items as a gift or list an amount lower than the actual
product price.
Customer Code of Conduct Policy
At latibay customer satisfaction is our top
priority. We strive to solve all customers problems in a professional and
amicable way. However, we will not tolerate any unacceptable or unreasonable
behavior towards our Customer Service Team members.
Unacceptable behavior directed towards Customer Service
staff or latibay may, for example, include 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 latibay.
-Repeatedly changing the nature (or focus) of a complaint
or the desired outcome, part way, after a formal response has been provided.
-An excessive number of complaints compared to the total
purchase value history.
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.
-Latibay reserves the right to no longer accept orders
from the customer in the future without further notice.
Complain Escalation Process
This process applies strictly to Customer Service issues.
For separate legal issues such as copyright, please view our legal page.
If the customer is dissatisfied with the solution offered
by our Customer Service, the customer may contact our Ticket Supervisor by
submitting a new ticket in "submit a formal complaint" section as
follows:
Contact us > Submit a ticket > Select Warranty
&return > Submit a formal complaint
We will respond to all complaint within 24 hours except
on weekends and public holidays.
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 of latibay.com (collectively, "Content"),
belongs exclusively to latibay.com 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 by latibay.com,
without latibay.com's express prior written consent. The use of data mining,
robots, or similar data gathering and extraction tools on latibay.com as well
as the use of latibay.com 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 latibay.com. You may not use latibay.com's
Content or Compilation in any manner that disparages or discredits latibay.com
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 of latibay.com 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 by latibay.com.
Violators will be prosecuted to the full extent of the law.
Latibay.com 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 latibay.com 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 of latibay.com 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 latibay.com 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 [email protected]
Information required
- 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, latibay.com
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
and latibay.com shall, 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. /
Disclaimer and Limitation of Liability
Except as otherwise provided in the standard terms of
sale that govern the same of each product on this site, this site, the products
offered for sale on it and the transactions conducted through it are provided
by latibay.com on an "as is" basis. latibay.com makes no
presentations or warranties of any kind, express or implied, as to the
operation of the site or the information, content, materials, or products
included on this site except as provided here to the full extent permissible by
applicable law, latibay.com disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability and
fitness for a particular purpose, noninfringement, title, quiet enjoyment, data
accuracy, and system integration. This site may include inaccuracies, mistakes
or typographical errors. latibay.com does not warrant that the content will be
uniterrupted or error free. To the maximum extent permitted by law, latibay.com
will not be liable for any damages of any kind arising from the use of this
site, including, but not limited to,indirect incidental, punitive, exemplary,
special, or consequential damages. To the maximum extent permitted by
applicable law, latibay.com's total liability to you for any damages
(regardless of the foundation for the action) shall not exceed in the aggregate
the amount of fees actually paid by you to latibay.com during the month
immediately preceding the act allegedly giving rise to latibay.com's
liability.
Latibay and/or the seller will act according with the
warranty as shown on the platform when and only when damage is in connection
with the product and has valid and confirmed manufacturing defects. Latibay and/or
the seller will not be held liable or reponsible for any damages resulting from
customers improper use, personal negligence, and/or other reasons that do not
attribute to product defects.
Order Acceptance
Please note that there may be certain orders that we are
unable to accept and must cancel. latibay.com 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.
Latibay is not responsible for late deliveries for
special occasions, such as birthdays, or other events. We encourage customers
to place their order in advance to ensure there is enough time to receive their
item.
We have informed our customers of the peak Christmas
season in advance via banners and newsletters, and offered suggestions for the
final order date and shipping methods for this period. We can therefore not be
held responsible if an item does not arrive in time for Christmas.
All orders reported as "delivered" by shipping
companies are considered delivered. Latibay cannot be made liable of
non-delivery in this case.
User account
For safety and security, each customer is allowed to
create only one registered account by default. For customers who attempt to
create several accounts, Latibay reserves the right to suspend accounts
without further notice.
Both parties agree that, following order dispatch,
transportation is the sole responsibility of the third-party logistics company.
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.
In accordance with Customs regulations customers must
provide valid and accurate data . All consignee names, address and payers name
should be valid. Certain countries request that the consignee submit their ID
or passport to clear the package or for payment verification purposes. It is
the customers sole responsible for the accuracy of data that they provide to
us. Should any information be incorrect and prevent any shipment or deliveries
or customs clearance, we will not held responsible and will not offer any
compensation in such cases.
Latibay will always comply with the law, and we
kindly remind users to do the same. As the importer customers are responsible
to comply with all laws and regulations in their own countries. Please refer to
our privacy policy for more information.
Typographical Errors
While latibay.com strives to provide accurate
product and pricing information, pricing or typographical errors may occur. latibay.com
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, latibay.com 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, latibay.com 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 latibay.com 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 latibay.com,
excluding shipping.
Latibay has no knowledge of, and is not responsible
for, any additional bank charges or exchange rate fees that are charge by the
issuing bank or a third party payment provider. These fees are solely the
customers responsibility and will not be reimbursed by latibay.
Applicable Law
These conditions are governed by and construed
exclusively under law without regard to conflicts of laws principles. This
Terms of Use shall be governed by and construed in accordance with the laws of
France.
Links
This site may contain links to other sites on the
Internet that are owned and operated by third parties. You acknowledge that latibay.com
is not responsible for the operation of or content located on or through any
such site.
Shipping
Latibay ships 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 for more information please check our terms
and conditions.Thank you for your understanding.
Latibay strongly recommends all customers to
purchase shipping insurance during the checkout. This ensures that if there are
any issue during the delivery process that latibay will send you the same
product free of charge. If the item becomes unavailable we will offer you
alternative refund options.
Orders that do not have shipping insurance will not be
the responsibility of latibay in the event that there is an issue
during the shipping process.
Whatever the customer orders is what we ship. We can not be
held liable for the customer receiving the wrong item if they placed the wrong
order.
If a delivery fails for any reason and the address sent
to was the correct address as provided by the customer, latibay cannot
be held liable if a package is returned to us.
Please let us know as soon as possible if you have not
received your package. With standard shipping, after 3 months from the date we
ship your package (for Latin American we will extend this to 4 months for
postal deliveries), we will no longer be able to offer any compensation. All
expedited delivery issues must also be reported within 3 months from the
shipment date. Also kindly note that this does not apply to any packages sent
via expedited shipping methods and shown as delivered on the shipping company's
tracking site.
Remedies
You agree that latibay.com's remedy at law for any actual
or threatened breach of this Agreement would be inadequate and that latibay.com
shall be entitled to specific performance or injunctive relief, or both, in
addition to any damages that latibay.com 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 latibay.com 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 by latibay.com of its rights
or remedies under these terms and conditions shall imply any obligation to
grant any similar, future or other waiver.