Effective Date: January 30, 2018
Please read on to learn the rules and restrictions that govern your use of our website, products, services and applications (the “Services”). If you do not agree to ALL of the terms listed in this document, you may not access or use our Services in any way.
With any questions, comments, or concerns regarding these terms or the Services, please contact us at support@valerias3.sg-host.com.
Definitions
These Terms of Use (the “Terms”) are a binding contract between you and 925 Petals, a subsidiary of Webadventa Inc. (“925 Petals,” “website”, “we” and “us”). You must agree to and accept all of the Terms in order to have the right to use our Services. Your use of our Services in any way means that you agree to all of these Terms and the terms of our Privacy Policy, and these Terms will remain in effect while you use the Services.
“Agreement” means Terms of Use as detailed herein including the privacy policy and all annexes and appendices and will include references to an agreement as amended, deleted, varied, supplemented, or replaced from time to time. “925 Petals” means the online shopping platform crystalnpearl.com (site or website), mobile applications and services provided by it and its affiliates owned and operated by Webadventa Inc., which provides a venue to925 Petals users to buy products listed on the website. “Vendor,” “seller,” or “affiliate” means any person or legal entity that offers for sale products on the 925 Petals platform. “Product” or “products” include any goods, products, merchandise, services, offers, or display items that are uploaded, displayed or showcased on 925 Petals by its vendors and related information, description, warranties, delivery, procedure, processes, etc.
Acceptance of Terms of Use
Your access and use of 925 Petals website and/or app signifies that you have read, understand, and agree to be bound by these Terms of Use, whether or not you are a registered user, and is subject to your compliance with these Terms of Use. 925 Petals reserves the right to modify, add or delete any or all portions of the Terms of Use from time to time without liability or prior notice to you. Your continued use of the website constitutes your acceptance of the agreement with all such changes.
It is the user’s responsibility to regularly check the website to determine if there have been changes to the Terms of Use and to review such changes. If you do not agree to abide by these or any future Terms of Use, please do not access or use the website.
Purchase of goods from the website valerias3.sg-host.com site is reserved for private individuals for their personal needs. The purchasing of products from our website with the sole intent of future resale for profit is strictly forbidden. If you are interested in becoming a reseller or need wholesale pricing information, please contact us via admin@valerias3.sg-host.com.
Prior to making an order from valerias3.sg-host.com, you will be requested to confirm your acceptance of our current ‘Terms of Use’ before your payment is processed.
Disclaimer of the Warranties & Limitation of Liability
925 Petals disclaims all warranties, expressed or implied, including but not limited to overall operation and content of the Site, its products or materials, merchantability, product suitability and fit, satisfactory quality, adequate care, and skill.
We cannot guarantee that the Content on our website is error-free and current, while we strive to keep it so. We do not warrant that our websites or applications, servers, or emails sent from 925 Petals are free of viruses or harmful components. We will not be liable for damages of any kind including but not limited to direct, indirect, incidental, punitive, and consequential damages, as a result of using our websites or applications.
Al products and services on our website are provided on an “as is” basis without warranties, whether expressed/implied. Although we strive to ensure reasonable efforts to maintain maximum confidentiality, we do warrant or represent maintaining the confidentiality of information. Users clearly understand that all warranties and after-sales services expressed or implied, take place directly between vendors and customers as per terms of sale by the vendor.
925 Petals assumes no liability whatsoever for monetary or other damage suffered on account of:
- The delay, interruption, failure, corruption or errors of any data or other information transmitted in connection with use or operation of Services;
- You understand and agree that 925 Petals shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages. These include but are not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even in the event of 925 Petals being advised of the possibility of such damages).
In no event shall 925 Petals or its affiliates, employees, consultants, agents, or contracted companies be liable for any direct, incidental, indirect, punitive, special, consequential or any other damages whatsoever, without limitation, including damages for loss or delay of use, data, communications, or profits. 925 Petals neither offers nor endorses any judgment or warranty and accepts no responsibility for the availability or authenticity of any goods, or for any damage, loss, or harm, or consequential violation of international or local laws that may be incurred by your visit to and/or any transaction on this website.
Notwithstanding anything that is contained herein, 925 Petals acts as a platform to facilitate transactions between buyers and sellers and shall in no way be responsible for the quality of products, damages, expenses, losses and/or taxes incurred by users for products, or if vendors, affiliates, or merchants are not able to service the orders of any user for any reason, or any misrepresentation of any sort by vendors, affiliates, or merchants. In no event shall 925 Petals, its directors, officials, representatives, or employees be liable for any damages or claims related to products sold through its platforms. All prices, unless indicated otherwise, are in USD currency and we reserve the right to enhance currency offerings or limit currency offerings at any time without notice.
Privacy and Minimum Age Requirement
925 Petals takes the privacy of its users very seriously. For our current Privacy Policy, please visit here.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit such information from children. If you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us.
Parents and legal guardians may not agree to these Terms or register for the Services on behalf of any children under the age of 13. If we discover that we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@valerias3.sg-host.com.
Using the Services – the Basics
Your use of our Services is subject to the following additional restrictions:
You agree, undertake, and warrant that you shall not use and/or interact with the Services in a harmful way (as listed below) and that you shall not contribute, upload, publish, host, display, modify, update, transmit or share any information that:
- Infringes or violates the intellectual property rights, any patent, trademark or any other proprietary rights of anyone else (including 925 Petals);
- Violates any regulation or enforced law, including any export control laws;
- Information that is misleading, deceiving, severely harmful, harassing, hateful, invasive of another’s privacy, derogatory, defamatory, menacing, obscene in any way, pornographic, pedophilic, racially or ethnically objectionable, libelous, related to or encouraging gambling or money laundering, or otherwise unlawful in any manner;
- Jeopardizes the security of your 925 Petals account or anyone else’s (such as allowing someone else other than you to log in to the Services);
- Attempts, in any manner, to impersonate others or obtain the password, account or other security information from another user;
- Belongs to another person and/or to which you do not have any right;
- Is harmful to minors in any way;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Contains software viruses or any other code, files, or programs designed to interrupt, destroy, or limit functionality of any digital device;
- Copies or stores any significant portion of the Content;
- Reverse engineers or attempts to obtain the source code of our underlying ideas and other information relating to the Services;
- Threatens unity, security, integrity, friendly relations with foreign states, defense, or public order, prevents investigation of any offense.
A violation of any of the above mentioned is grounds for termination of your right to use or access the Services.
These Terms of Use constitute an entire agreement between the parties involved and supersede and replace all prior written or oral discussions, understandings, agreements, or subject matters. Clauses shall survive the termination or expiry of this agreement. This electronic document does not require any physical or digital signatures.
Your Account
In order to complete your purchase with us, you may be required to sign up for an account, and select a password and username. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You warrant that you are an individual of legal age to form a binding contract. If not, you have received your parent’s or guardian’s permission to use our Services and to agree to these Terms on your behalf.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account.
You will only use the Services for your own personal use and not on behalf of or for the benefit of any third party, and only if not prohibited by any applicable law.
We are not to be held responsible for your using the Services in a way that breaks the law.
You may have multiple accounts on our site but we strictly forbid the use of multiple accounts for the same sole user or the use of one account for multiple users for the purpose of earning more special offers, discounts or rewards.
License & Site Access
925 Petals grants you a limited license to access and make personal use of its websites, mobile sites, and applications, and not to download (other than the page caching) or modify it or any of the portion of it, except in the case that 925 Petals gives consent for the same. License does not include any resale or commercial use of the site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of these websites, mobile sites, or the application or its contents; any downloading or copying of account information for benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of these sites or applications may not be reproduced, duplicated, sold, resold, copied, visited, or otherwise exploited for any commercial purpose without the express written consent of 925 Petals.
You may not use any meta tags or any other “hidden text” and 925 Petals name or our trademarks without the express written consent of 925 Petals. Any unauthorized use terminates the permission or license granted by 925 Petals. You are granted a limited, non-exclusive, and revocable right to create any hyperlink to the homepage of valerias3.sg-host.com or any other visible page on our website as long as the link does not portray our services or products in a false, misleading, derogatory, or otherwise offensive matter, or as you having the right to ownership of the same in any form.
Electronic Communication
By using the Services, you will automatically be deemed to have opted in to receive e-mail communication from us. You may unsubscribe from our e-mails at any time by clicking on “unsubscribe” at the bottom of one of our emails.
You consent to receive communications from 925 Petals electronically. Our representatives shall communicate with you via email or by posting notices on crystalnpearl.com. You agree that all the agreements, disclosures, notices, and any other communications that we provide to you electronically satisfy legal requirement that such communications be in writing.
Reviews, Comments, Other Content and Communication
Website visitors may and are encouraged to post and/or submit product reviews, comments, suggestions and other content, as long as the content is not illegal, invasive of privacy, infringing on intellectual property rights, threatening, defamatory, or otherwise damaging to any third parties, does not contain any software viruses or any form of “spam”, commercial solicitation, political campaigning, or chain letters. You may not use any fake email address, impersonate any person or entity, or otherwise provide misleading information pertaining to your personal identity.
We regularly monitor and review content posted by registered users and reserves the right (but not obligation) to publish and delete content in part or in whole. To report inappropriate content encountered by you, please email us at support@valerias3.sg-host.com. Necessary action in a form of deleting content, suspending a user’s account, or any other appropriate legal actions, will be taken within 72 hours of the receipt of information.
You grant 925 Petals and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, adapt, modify, publish, distribute, translate, create derivative works from, and display any content posted or submitted by you in any media throughout the world. We retain the right to use the name submitted by you in connection with any such content, at our discretion. You represent and also warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that your use of the supplied content does not violate any 925 Petals policies and will not cause damage to any person or entity, and that you will indemnify 925 Petals or any of its affiliates for all the claims resulting from content supplied by you. 925 Petals neither takes any responsibility nor assumes any liability for the content posted by you or any third party.
Trademark
The logo or images of 925 Petals on the homepage of its website, mobile site, application, or any other location as used in our communication to users belongs to 925 Petals and may not be used, communicated, or distributed without first obtaining our written consent.
Seeing Something That Infringes Your Copyright
As per the requirements and guidelines of the Digital Millennium Copyright Act (the “DMCA”), online service providers, such as 925 Petals, are asked to remove any material that allegedly violates someone’s copyright. As we respect other people’s intellectual property rights, we reserve the right to delete or disable Content alleged to be infringing and to terminate the accounts of repeat alleged infringers. To report potentially infringing content, contact us at support@valerias3.sg-host.com. To learn more about the DMCA, click here.
Suspension Due to Non-Compliance with Terms of Use
925 Petals may at its sole discretion limit user activity by immediately removing the user temporarily or indefinitely, suspending or terminating the user’s membership, and/or refusing to provide the user with the access to sites or applications if:
- The user is in breach of925 Petals Terms of Use as the result of any usage;
- The user has provided incorrect, incomplete, or inaccurate information;
- The user attempts to defraud 925 Petals by using functionalities on its websites, mobile sites, or applications;
- The user’s actions cause harm, damage or any loss to other users or 925 Petals.
Illegal or unauthorized use of our websites, mobile sites, or applications, including any unauthorized framing or linking to https://valerias3.sg-host.com, will be investigated. Such an investigation may lead to the subsequent pursuit of appropriate legal action.
Changes to Terms of Use
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, and we will bring it to your attention by placing a notice on the Services, by sending you an email, and/or by some other way of communication.
If you don’t agree with the new Terms, you may reject them; however, that means you will no longer be able to use the Services. Using the Services in any way after a change to the Terms is effective means you agree to all of the changes.
Product Availability, Order Acceptance, Cancellations & Use
The availability of products sold on valerias3.sg-host.com is subject to change without any prior notice at the sole discretion of 925 Petals. In many cases, product availability is controlled by individual suppliers we work with.
We reserve the right to refuse or cancel orders if any seller’s product or products go out of stock or if any product that is listed with an incorrect price that may be higher or lower than the published price. Cancellations may occur regardless of any order that has been confirmed or payment levied via check, credit card or other means. In the event payment has been processed by 925 Petals, the refund amount shall be credited back to your original method of payment, and you will be notified accordingly by email. 925 Petals and its affiliates reserve the right to cancel orders for products using sole discretion for any reason.
In the instance of debit or credit card transactions, a debit card or credit card used by you must be issued in the name of the user. 925 Petals will not be liable for potential credit or debit card fraud. Liability for fraudulent debit or credit card, or net banking transactions shall lie solely upon the user to “prove otherwise.”
In the event of a non-delivery as the result of a mistake made by a customer (i.e. wrong name or address) the responsibility of any extra cost incurred by 925 Petals for re-delivery will be placed upon you who placed the order.
All the products are screened and assured by vendors to ensure that products are of the style, composition, standard, quality, or model of/in which they are represented and displayed on 925 Petals on behalf of the vendor. Any additional information or description for/of a product that is displayed on valerias3.sg-host.com on behalf of the vendor is as provided to 925 Petals by the vendor. While we may occasionally modify such information as to improve its presentation, grammar, or usability, we do not take responsibility for any incorrect or inaccurate display of a product’s information.
You agree, undertake and confirm that products purchased by placing an order on all our platforms are purchased by you, your family members and/or friends, for personal consumption or use, and that such products may not be resold by you.
Business entities: If you are registering on 925 Petals as a business entity, you represent that you are duly authorized by the aforementioned business entity to accept these Terms of Use and to bind that business entity to these Terms of Use.
Product Description
We attempt to be as accurate as possible. However, we do not warrant that product descriptions, prices, available stock or other content on 925 Petals are accurate, complete, error-free, and reliable. If a product offered on our website is not as described or arrives damaged or has a manufacturing defect, you may return it in unused/new condition using our Returns and Exchanges Form found on the Returns & Exchanges page.
925 Petals makes every effort so that color description and photographic representations of the goods posted on the site valerias3.sg-host.com are as close to the original items as possible. However, variations in representation can occur from time-to-time as a result of the technical color depiction-related limitations of some computers or mobile devices, and product photos being provided mainly by the numerous suppliers and artists we work with. Hence, 925 Petals cannot be held responsible for errors or inaccuracies of the photos or graphic representations posted on our website. Should you have further questions regarding the products sold on the website, then feel free to get in touch with our Support team, either by e-mail via support@valerias3.sg-host.com or via our online contact form.
Product Pricing
The selling price, listed price displayed for products on our website and mobile site, represent full in detail retail price listed on the product itself, and suggested or offered by manufacturer or the supplier or one of our merchants or affiliates, or estimated in accordance with the standard industry practice and/or in retail value for a same or comparable item offered elsewhere.
The required payment for the final purchase price of an item will be that which is displayed in the customer’s shopping cart. This price may be inclusive or exclusive of any other charges in 925 Petals’ Terms of Use.
Risk of Loss
The risk of loss and also title for all purchase orders made via 925 Petals will be passed to you (customer) upon delivery to the carrier by the vendor.
Sales, Customs & Value-Added Taxes
Due to separate and applicable tax jurisdictions, the end customers’ purchases may be subject to specific sales, custom or VAT, and the shipping time and associated cost may increase. 925 Petals is not responsible for such added costs and is not be held liable for any fees associated with these costs.
Purchase Returns or Exchanges
We want you to be completely satisfied with your purchase on our website. If for any reason you are unhappy, please contact our Support team at support@valerias3.sg-host.com.
You may return any products with a manufacturing defect or other damage (for instance, incurred while in transit to you) within 10 days of delivery, as long as they comply with the established conditions outlined in our Returns & Exchanges Policy page. To initiate a return or a refund on an item, we ask you to fill out a Returns & Exchanges Form on our Returns & Exchanges page. Our support team will be ready to assist you and will get back to you within 72 hours. For further questions, please contact our support at support@valerias3.sg-host.com.
If a 925 Petals promotional credit is applied to an order and that order is refunded for any reason, any promotional credit used in that order will not be refunded.
We cannot refund, reimburse, cover, or otherwise be responsible for any fees not paid to us, such as customs taxes or VAT as well as any return shipping costs you may incur in the refund process.
Advertising Material
Part of our website may contain advertising or other materials submitted to us by third parties. Responsibility for ensuring that the materials submitted for inclusion on our platforms comply with applicable international and national law is the sole responsibility of advertisers and other content providers. 925 Petals will not be responsible for any of the claims, errors, or inaccuracies in the advertising material and reserves the right to omit or change the position of any advertising material submitted for insertion.
Third Party Links
Our website (blog, for example) may contain links or connections to third party websites or services that are not owned or controlled by 925 Petals. When you access third party websites or services, you accept all the risks associated with it, and that 925 Petals is in no way responsible for such risks. We recommend for you to read the terms of use and privacy policy of each such third party website or service that you visit. 925 Petals has no control over and cannot verify, monitor, edit or censor the contents, accuracy, policy or practices of any third party website or service.
We do not endorse in any way the contents of advertisers (such as via Google Adsense) on our website pages or other communications. By using our Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
We will not be held responsible for any damage suffered by users as a result of the use of services on its sites or applications. This without limitation includes loss of revenue or data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act or omission of vendors. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, omission, error, interruption, defect, deletion, delay in operation or transmission, computer or mobiles virus, theft, communication line failure, destruction or alteration of record, or unauthorized access to or use of record, whether from breach of contract, negligence, tortious behavior or under any other cause of action.
If there is a dispute between participants on this site, or between you and any third party, you agree that 925 Petals is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release 925 Petals, its officers, employees, agents, and successors from demands, claims, and damages of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
Indemnity
You shall indemnify and hold harmless 925 Petals and its employees, affiliates, subsidiaries, officers, directors, and agents from any claim, demand, actions, or penalties, including the attorneys’ fees, made by any third party due to your breach of the Terms of Use, rules, regulations or rights of the third party.
Force Majeure
925 Petals shall have no liability to you for any interruption or delay in the access to its websites or applications, irrespective of any cause. We shall not be held liable for any delay or non-delivery of purchased goods by sellers for reasons of flood, fire, war, natural disaster, act of God, or any cause that is beyond our control.
Arbitration & Dispute Notice
If any dispute arises between you and 925 Petals in connection with interpretation, validity, implementation, or alleged breach of any provision of these Terms of Use, said dispute shall first be referred to an independent arbitrator who shall be a neutral third party identified by 925 Petals.
Before initiating an arbitration, you and 925 Petals each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be emailed to support@valerias3.sg-host.com. You and 925 Petals agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until this 60-day post-notice resolution period expires. If an agreement cannot be reached within sixty (60) days of receipt of the Notice of Dispute, you or 925 Petals may commence an arbitration proceeding.
Applicable Law
The laws of Canada shall apply in respect of all Terms of Use and disclaimers. We reserve the right to make any changes to these Terms of Use and disclaimers at any time and without any notice to our customers. We advise you to regularly check back for any amendments or updates to these Terms of Use contained herein.
