THESE TERMS ARE ONLY AVAILABLE IN THE ENGLISH LANGUAGE.
Welcome to Sani, LLC’s ("Sani," "we" or "us") website, SANIDESIGNS.com (the "Site"). We ask that you abide by the terms and conditions that follow, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, the "Conditions"). Your use of the Site constitutes your agreement with the Conditions that follow and we reserve the right to revise these Conditions at any time. When we make changes, we will post them here. You agree to check this section periodically to be aware of any changes and your continued use of the Site shall be considered your agreement to any modified Conditions. If you do not agree to these Conditions, please do not use the Site.
TERMS OF SALE
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. In order to contract with Sani you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Sani retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
When you place an order, you will receive an email confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.
PRICING AND AVAILABILITY
While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
The prices quoted on this Website are final prices. You acknowledge that the prices quoted on the Website at the time of ordering will be honored. Orders to USA may be subject to state or local sales taxes, which are applied and clearly displayed when you fill in your shipping address on the checkout page. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Stock levels are subject to availability and we do our best to ensure all orders are packed accordingly to the desired quantities and styles. Should any order not be fulfilled upon packing due to items becoming out of stock, we will inform you of this as soon as possible. We will refund you for the out of stock item(s) upon packing and send the rest of your goods. We do not hold any orders and cannot cancel orders at this point of the process. Orders will be packed and shipped as usual in our normal processes and procedures.
DELIVERY AND RETURNS
Shipping costs will be added where applicable. For shipping charges, please view the Sani shipping charges at checkout.
Exchanges and refunds
Due to the nature of our garments, we do not accept returns.
Defect items, after review by Sani and conclusion of reflecting production issues, will be exchanged to the same type of product in the same size, subject to availability, or refunded. Refunds for defect items can be made within the 5-day period following delivery.
When your order is placed we will send you a confirmation of the purchase. Once your package is shipped we will send you an email with final confirmation and instructions. Most orders are shipped standard mail. Depending on the intended ship-to location, orders can be subject to other shipping methods and the specific warehouse processing the order may utilize tracking. Applicable orders will have the tracking reference provided in the shipping confirmation email.
We accept card payments by Visa, MasterCard, American Express and several local payment options. Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
DISCOUNT CODES (COUPON CODES)
Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered. We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website. Only one promotional discount code can be applied to an order. The conditions of use relating to any discount code will be specified at the time of issue.
Gift cards are only valid for a limited time and the voucher must be used by the date shown on the voucher – check your gift card to find out when to use it by. We can’t accept any responsibility for stolen or deleted gift cards. We will dispatch your gift card either as soon as payment has been cleared or on your specified delivery date (if this is later). We’re afraid we can’t be responsible for any delays, no matter how they are caused. If you are the purchaser, please double check the delivery email address you enter – it is your responsibility to do so and we’re afraid we can’t be held responsible if a gift card is used by someone other than your recipient if the email address entered is incorrect. In addition, we cannot take responsibility for any gift cards that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift card, as it is their responsibility to keep the card details safe. If you need a refund, this will be made in the same way as the original payment method.
Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Sani. The Contents, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned by Sani.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If your payment method has already been charged for an order that is later cancelled, Sani shall issue you a refund.
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
USER GENERATED CONTENT
By posting, distributing, sending or displaying any comment, message (including email), data, information, text, music, sound, photos, graphics, or other content (the "User Generated Content") to the Site, you (A) grant, and represent and warrant that you have the right to grant, to Sani a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid and sub-licenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Generated Content throughout the world; (B) grant Sani and its affiliates and sub-licensees the right to use the name that you submit in connection with such User Generated Content; and (C) represent and warrant that (i) you own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site; (ii) such User Generated Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Generated Content does not violate these Conditions and will not violate any rights of, or cause injury to, any person or entity. You further grant Sani the right to pursue at law any person or entity that violates your or Sani’s rights in the User Generated Content by a breach of these Conditions. User Generated Content submitted by users is deemed non-confidential and Sani is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, Sani reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Sani is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Generated Content, you hereby agree that (A) you do not require that any personally identifying information be used in connection with the User Generated Content, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion and exploitation of the User Generated Content by Sani or its agents; (C) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Generated Content; and (D) you release Sani from any claims that you could otherwise assert against Sani Designs by virtue of any moral rights.
The Site may contain forums, blogs, bulletin boards or other interactive areas in which you or third parties may post content, messages, materials or other items on the Site (the "Interactive Areas"). If Sani provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:
Sani takes no responsibility and assumes no liability for any User Generated Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Sani liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Areas, Sani is not liable for any statements, representations or User Generated Content provided by its users on this Site. Although Sani has no obligation to screen, edit or monitor any of the User Generated Content posted to or distributed through any Interactive Area, Sani reserves the right, and has sole discretion, to remove without notice any User Generated Content posted or stored on the Site. Any use of the Site, including the Interactive Areas, in violation of these Conditions may result in termination or suspension of your permission to use the Site.
COPYRIGHT COMPLAINT POLICY-INFRINGEMENT NOTIFICATION
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Sani that your copyrighted material has been infringed. Please provide the following information in the following order (including Section Numbers):
Notices of claims of copyright infringement on the Site should be emailed or mailed to:
304 Forest Creek Drive
Fayetteville, NC 28303
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorneys fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act and other applicable law, Sani has adopted a policy of terminating, in appropriate circumstances and at Sani’s sole discretion, subscribers or account holders who are deemed to be repeat copyright infringers. Sani may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You agree to defend, indemnify and hold harmless Sani, its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys' fees), arising from or relating in any way to your use of the Site.
CHOICE OF LAW
These Conditions shall be construed in accordance with the laws of the State of North Carolina, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively in the federal and state courts located in Cumberland County.
LINKS TO OTHER WEBSITES
This Site may contain links to outside services and resources. You acknowledge that (A) Sani is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites; and (B) Sani is not responsible for any other form of transmission received from any linked site. Sani is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sani of the site. Any concerns regarding any such link should be directed to the particular third party website. In particular, Sani does not accept any liability arising out of any allegation that any third party-owned content (whether published on this, or any other, web site) infringes the intellectual property rights of any person or any liability arising out of any information or opinion contained on such third party website or content.
These Conditions are effective unless and until terminated by either you or Sani. You may terminate these Conditions at any time, and you must stop using the website upon such termination. Sani also may terminate these Conditions at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Sani’s sole discretion you fail to comply with any term or provision of these Conditions. The Conditions relating to Intellectual Property, Indemnification, Disclaimer, Limitation of Liability and Choice of Law shall survive any termination.
This site and the materials and products on this site are provided "as is" and without warranties of any kind. To the fullest extent permitted by law, Sani disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Sani does not represent or warrant that this site will be uninterrupted or error-free, that any defects will be corrected, or that this site or the server that makes the site available are free of viruses or anything else harmful. Sani does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. Sani reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
To the maximum extent provided under the law shall, in no event, Sani or any of its affiliated entities or suppliers be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the site, or content downloaded from the site; (b) the performance of the services, products and materials available from the site; or (c) the conduct of other users of the site, even if Sani has been advised of the possibility of such damages. You assume total responsibility for your use of the site. Your only remedy against Sani for dissatisfaction with the site or any content is to stop using the site. Sani is not responsible for any liability arising out of the website and/or any material linked through the website.
Unless otherwise specified and except to the extent Sani products are offered for sale in the select foreign markets through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Sani products and services available in the select foreign markets. This Site is controlled and operated by Sani, LLC from its office in North Carolina, USA. These Conditions including, without limitation, any other Conditions that may appear on the Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect. A printed version of these Conditions and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Sani to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Conditions. We may provide notice to you relating to the Site and/or these terms and conditions by sending an email to your last known email address, and any such notice shall be deemed given and received on the day it is sent. You agree that any cause of action that you may desire to bring arising out of or related to these Conditions and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. You may not use the Site or export the Content in violation of laws and regulations. If you access the Site from a location outside of the State of North Carolina, you are responsible for compliance with all local laws.
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