1. Terms and Conditions of Use
Thank you for visiting www.ximenavalero.com (hereinafter referred to as the “Site”). PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE USING THE SITE. This notice is issued by Ximena Valero LLC, a company registered in Los Angeles, US. XimenaValero LLC operates the online store. Your use of the Site is subject to the following terms and conditions (hereinafter referred to as the “Terms”). Whether or not you choose to register on the Site, your continued access to our Site indicates that you agree to comply with and be bound by these Terms. The Privacy Policy forms part of these Terms. If you do not accept the legal notices in full, you must leave the Site immediately.
2. Your information is confidential
Cookies and clear gifs allow us to associate your online navigational or transactional information with any personal information you provide (such as name, address, phone number, and email address). We’ll associate this information only for our purposes: to deliver products and services to you, to improve our business; to transact business; and to market our products and services through a variety of media like email, mobile advertisement, and direct mail. As an example, we may use cookies to keep track of what you put into your shopping bag. That can help us contact you if your online session is disrupted min-purchase, resulting in an abandoned cart. We cab also use this technology to determine whether you’d be interested in participating in special events, given your preferences.
3. Copyright Trade Marks and Other
This Site and its contents are protected by copyright, trade marks and/or other intellectual property rights. The content of the Site is the property of Ximena Valero or is used with the permission of its owners. Such content includes, but is not limited to, all photographs, images, illustrations, texts, video clips, audio clips, logos, trade marks, graphics and other materials appearing on the Site, as well as the software used for the design and function of the Site. The “Ximena Valero” name and brand, any logos and all other Ximena Valero related marks appearing on this Site, whether registered or not, are the property of Ximena Valero. All rights are reserved worldwide.
4. Changes to Policy
Ximena Valero reserves the right to change, modify, or amend this policy from time to time. If we make significant changes to this policy we will post those changes here. Ximena Valero encourages you to periodically review the policy to be informed.
5. How to contact us
If you would like to contact us for any reason regarding our privacy policy and practices, please write us at 3811 W 43 Ave, Los Angeles CA 90041, Attention: Legal Department.
6. Limited License
The data contained on this Site is presented for information and promotion purposes only. This Site is intended solely for private, personal and non-commercial use. You may download or reproduce information appearing on this Site solely for personal and non-commercial purposes. The downloading or reproduction of any content or software gives you no right, title or interest with respect to such content or software. With the exception of personal and non-commercial use, you are prohibited from reproducing, publishing, transmitting, disseminating, displaying, erasing, deleting, adding to or modifying in any way whatsoever, creating derivative works from, selling or participating in the sale of any part of this Site, any material contained on this Site or any related software. Any other use of the content of this Site, including its reproduction for purposes other than your personal non-commercial use, modification, dissemination or reproduction, without Ximena Valero’s prior written consent, is strictly forbidden.
7. Links
This Site may contain links to other third party sites. Ximena Valero shall not be held liable for the availability or content of such sites or any article contained on or obtained through such sites. Any link to another site or any reference to information, products or services supplied by third parties, in no way implies that Ximena Valero endorses those sites or any material on those sites. Any question or comment concerning any other site must be sent to that site’s operator. You may not link to this Site without the prior permission of Ximena Valero.
8. Products
The Ximena Valero products featured on the Site are representative of Ximena Valero’s collection. However, not all Ximena Valero products are featured on the Site. Not all products featured on the Site are available in the boutiques that carry Ximena Valero. The style, designs and colors of the Ximena Valero products featured on the Site may be modified without prior notice.
9. No Warranties
This Site and its contents are provided on an “as is” and “as available” basis. Ximena Valero gives no representation or warranty of any kind, whether express or implied, including but not limited to, title or the absence of malicious programs (such as viruses, worms or Trojan horses). All warranties as to merchantability or suitability for a particular use are expressly excluded. Ximena Valero does not warrant or represent that the information contained on the Site is accurate, complete or up-to-date, that the Site contains no defect or that any such defect shall be corrected. By using this Site, you agree to do so at your own risk and assume full responsibility for any loss of data and the costs related to any assistance or repair of any hardware and/or software used by you for connecting to the Site, and you agree to hold Ximena Valero harmless for any damage whatsoever that may be caused by, result from or be connected to your use of the Site. In cases where the applicable law does not permit the exclusion of implied warranties, some or possibly all of the above disclaimers may not apply to you.
10. Limitation of Liability
Ximena Valero shall under no circumstances be held liable for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damage, or any other damage, whatever its nature, (even if Ximena Valero was previously informed of the possibility of such damage) whether under contract, tort or otherwise arising out of or in connection with the use, inability to use, or the performance of this Site and its content. As some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damage, some or all of the limitations mentioned above may not apply to you. Ximena Valero shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation if the same is wholly or partly caused by circumstances beyond its reasonable control.
11. Representations and Warranties
You represent, warrant and covenant that (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; and (c) your use of the Site will comply with these Terms
12. Compensation
You hereby agree to defend, indemnify and hold harmless Ximena Valero, its subsidiaries and affiliated companies as well as their representatives, directors, employees and shareholders from and against any lawsuit, damages, losses, costs and expenses, including but not limited to any reasonable lawyers’ fees and legal costs ensuing from or connected to your use of this Site. Nothing in these Terms shall exclude or limit Ximena Valero’s liability for death or personal injury caused by negligence, for fraud or for any liability which cannot be excluded or limited under applicable law.
13. Applicable Law
If you are located in the United Kingdom, these Terms, your use of this Site and any dispute between us shall be governed by the laws of England and you and we submit to the jurisdiction of the English courts otherwise, these Terms, your use of this Site and any dispute between us shall be governed by the laws of the State of New York and you agree to submit to the jurisdiction of and venue in, the state courts located in the County of New York, in the borough of Manhattan and in the federal courts located in the Southern District of New York.