Terms of Service

Terms of Use and Service

Welcome to www.lavavivi.com and all associated websites and mobile applications (collectively, the "Site"), operated by lavavivi ("lavavivi", the "Company", "we", "us", "our"). Any reference to the Site includes this URL, the microsite associated with it, and other websites or pages owned by the Company. The term "Company" also includes its affiliates.

Please read these Terms of Use and Service (the "Agreement") carefully before using the Site or engaging with any features, content, or services offered by the Company. This includes, but is not limited to, purchasing or using any products or services (collectively referred to as "Merchandise") offered through the Site.

By using the Site, you acknowledge that you have read and agree to the terms of this Agreement, including the Privacy Policy and any other policies provided by the Company. In addition, this Agreement requires that any disputes between you and the Company be resolved through binding arbitration. This means you waive the right to go to court (except for small claims), and claims cannot be brought as a class action. For more details, please see the section titled “Dispute Resolution” below.

This Agreement governs not only your use of the Site but also all interactions with the Company, whether online, via text, phone, or other means. Please review it carefully to understand the terms and conditions under which you can access and use our website and products.

Your interactions with the Company may involve text communications. Please note that standard text message rates may apply, and you are responsible for any costs or fees related to sending or receiving text messages.

Acceptance of Terms
By continuing to use the Site, you agree to comply with this Agreement and the Privacy Policy, as well as any other Company policies in effect at the time of your use. The Company does not accept any changes to this Agreement from you. If you do not agree to these terms, please do not use the Site.

General Purchase Conditions

1. Making a Purchase
   When purchasing merchandise from the Company (a "Purchase" or "Order"), you must provide accurate and complete information, including your full name, payment details (credit card number, expiration date, security code, etc.), and shipping address. You affirm that the use of your payment card for purchases on the Site is authorized and legal.

2. Account Creation
   To complete a purchase, you must either use an existing account or provide necessary information as a guest buyer. It is your responsibility to protect your account credentials, including your username and password. If you suspect any security breach, please contact us immediately at [email protected]. You are responsible for any unauthorized use of your account.

3. Checkout
   During checkout, payment data will be transferred to third-party payment processors. If you use a third-party payment method (e.g., Apple Pay), you must review the terms of service and privacy policies of those providers.

4. Promotional Codes
   Only one promotional code can be used per order, and it cannot be applied to previous purchases or gift card purchases. Promotional codes are non-transferable and cannot be exchanged for cash. They must be redeemed by the specified expiration date.

5. Personalized Discount Codes
   If you receive a personalized discount code, it is non-transferable and may not be combined with other offers. It cannot be applied to previous purchases or gift card purchases and cannot be redeemed for cash.

6. Returns and Exchanges
   Goods or services may be available in limited quantities, and returns are subject to approval. You must request a Return Merchandise Authorization (RMA) number for returns. All returns and exchanges are subject to the Refund Policy, which is incorporated herein and can be found here.

7. Accuracy of Information
   We strive to accurately display the colors and images of our products. However, we cannot guarantee that your device will display the colors correctly. Product descriptions and prices are subject to change without notice, and we reserve the right to discontinue any product at any time.

8. Limited Sales
   We reserve the right to limit the sales of products or services to any individual, region, or jurisdiction on a case-by-case basis and may limit quantities of items.

9. "As Is" Products
   Products, services, and content on the Site are provided "as is" without any warranties. We do not guarantee that the quality of the products or services will meet your expectations, nor do we promise that any errors will be corrected.

Disclaimer

The Site, Merchandise, and all content provided on or through the Site are provided "as is" and "as available" without any warranty of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

Neither the Company nor its affiliates make any representations or warranties regarding the completeness, reliability, security, or availability of the Site, its content, or its products.

Limitation of Liability

To the fullest extent permitted by law, the Company and its affiliates will not be liable for any damages arising from your use or inability to use the Site, Merchandise, or content, including direct, indirect, incidental, consequential, or punitive damages, regardless of the cause of action (e.g., contract, tort, etc.), even if foreseeable. In no case will the Company's liability exceed the amount paid by you for the purchase in question in the past 12 months.

Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates from any claims, damages, liabilities, and expenses (including legal fees) resulting from your violation of this Agreement or your use of the Site or Merchandise.

Accessibility Statement

The Company is committed to providing an accessible experience for people with disabilities and ensuring that everyone can access and use the Site, including purchasing products.

We strive to comply with accessibility guidelines and standards to improve the usability of our website for all users, including those with visual, hearing, cognitive, or motor impairments. Our website adheres to the Web Content Accessibility Guidelines (WCAG) 2.0 to ensure accessibility and compatibility with assistive technologies.

We welcome feedback about your experience with the Site and encourage you to contact us at [email protected] if you have any accessibility concerns or need assistance.

Give Us Your Feedback

We are dedicated to ensuring that our services are accessible to everyone. If you encounter any issues or have suggestions for improvements, we encourage you to contact us. We strive to make continuous improvements based on your feedback.

Email: [email protected]

We aim to respond to all feedback within 3 business days.

Links to Third-Party Websites

This site may contain links to third-party websites, provided solely for your convenience. The Company does not control these websites and is not responsible for their content or privacy practices. If you decide to access these third-party websites, you do so at your own risk, and your use is governed by the terms and conditions and privacy policies of those external sites.

Dispute Resolution

Please read this section carefully, as it affects your rights and how any disputes between you and the Company will be handled.

Governing Law: This Agreement, the Privacy Policy, and any other Company policies will be governed by the laws of the State of California, excluding its conflicts of law principles.

Dispute Resolution Process:
Should you have any issues, we encourage you to reach out to our customer service team first. We will work in good faith to resolve any issues related to our website and services. However, in rare cases, if a resolution cannot be reached, we may move to formal dispute resolution.

Arbitration Clause:
In the event that a dispute arises and is not resolved informally, both parties agree to submit to binding arbitration. The arbitration will be conducted under the rules of the American Arbitration Association, and judgment on the award may be entered in any court having jurisdiction thereof. The arbitration will take place in Los Angeles, California. Please note that any claim related to this Agreement or its contents will be governed exclusively by the laws of California.

Termination of Agreement:
We reserve the right to terminate or suspend your access to the Site, delete your account, and remove any content you’ve posted, should we determine that you’ve violated this Agreement or our policies. This may happen with or without notice to you, and upon termination, we will not be liable to you or any third party for any damages.

Miscellaneous Terms

• Entire Agreement; Severability:
  This Agreement constitutes the entire understanding between the Company and the user regarding its subject matter, superseding all previous agreements. If any provision of this Agreement is deemed invalid by a court, the remainder of the Agreement will still apply.

• Remedies:
  You agree that any unauthorized use of the Site may cause irreparable harm to the Company, and we may seek injunctive or equitable relief, without the need for posting a bond or proving lack of legal remedy.

• Legal Fees:
  If either party brings a legal action to enforce this Agreement or any related dispute, the prevailing party will be entitled to recover reasonable attorneys' fees.

• Assignment:
  This Agreement is binding on both parties and their respective successors. The Company may assign this Agreement or parts of it without your consent, but you cannot assign or transfer your rights without our written approval.

• Modifications:
  The Company reserves the right to modify the terms of this Agreement at any time. Changes will take effect immediately once posted on the Site, and continued use of the Site implies your acceptance of those changes. Please review this Agreement periodically.

Contact Information

If you have questions about this Agreement or the Site, please contact us via:

Email: [email protected]