Dated July 14, 2020
Welcome to karlacolletto.com (“Website”). Please read this Terms of Use (“Terms”) carefully as they contain information concerning your rights, limitations and liabilities. All services provided by Karla Colletto and its affiliates (“we” or “us”) on this Website and as well as on or through all other websites, apps, correspondence, ads, and/or tools (“Services”) are governed by this Terms and are being offered to you conditioned upon your acceptance of the Terms, conditions and notices set forth in this Terms. By using this Website or Services, you agree and represent that you (a) read and understand these Terms; (b) agree to be bound by them; and (c) are at least 18 years of age. If you do not accept these terms and conditions, you are not authorized to use the Website or the Services, so please close your account and no longer access the Website or use the Services.
We reserve the right to update or modify these Terms at any time without prior notice. These changes go into effect on the date shown above. By continuing to use the Website, you are agreeing to the revised Terms. For this reason, we encourage you to review these Terms whenever you purchase products from us or use our Website.
I. Access To Our Online Services And Tools
A. Your Account
In order to use certain features of the Website or Services, you may be required to register for an account with us and provide certain information about yourself as prompted by the registration form. Our Privacy Policy explains how we protect and use your information and is available at https://shop.karlacolletto.com/privacy/. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your account login information and for restricting access to your account. You agree that you are fully responsible for all activities that occur under your account. You agree to immediately notify Karla Colletto of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. We reserve the right, in addition to all other rights available and in our sole discretion, to terminate your account, refuse service to you, or cancel orders.
B. General Restrictions On Use
The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Service to any third-party. You may use the Website and the Services only for your personal, non-commercial purposes. All rights not exclusively granted to you under these Terms are reserved by us and/or our vendors, suppliers or licensors. You further agree not to combine or integrate the Website and the Services with hardware, software or other technology or materials not provided by us. You may not modify or create any derivative product based on the Website, the Website and the Services (including the Downloadable Tools). You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Website and the Services is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. Except as expressly stated herein, no part of the Website or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Website or Services shall be subject to these Terms. You agree not to use the Website and the Services to: (a) violate any law or regulations; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (f) violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity or other legal rights; (g) post or share anything that is illegal, abusive, harassing, discriminatory, indecent or otherwise objectionable. Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (ii) frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.
C. Access to Third Party Links
You may be able to access websites, content, or services provided by third-parties through links that are made available on the Website (“Third Party Offerings”). You understand that once you transfer to these links and leave the Website, you will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third Party Offerings and that these Terms do not themselves grant you any rights to Third Party Offerings. We do not control or take any responsibility over such Third-Party Offerings.
D. Ownership
As between you and us, we and/or our vendors, suppliers and licensors, as applicable, retain all right, title and interest in and to the Website and the Service, including all related intellectual property rights. We and our vendors, suppliers and/or licensors reserve all rights not specifically granted under these Terms. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Website or the Services.
E. Eligibility
You must be at least 13 years old to use the Website and at least 18 years old to create an account with us. If you are under the age of majority in your state or residence, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Website and Services with your parents’ or legal guardian’s permission.
II. Terms And Conditions Of Sale
A. Products And Pricing
All products listed on the Website (”Products”), their descriptions, and their prices are subject to change without notice. Karla Colletto reserves the right to modify, suspend, or discontinue the sale of any Product at any time with or without notice in its sole discretion. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product (except as set forth in Section IV). In the event a Product is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to decline or cancel any such orders, whether or not the order has been confirmed and/or your payment has posted. If you have already paid for your order and we cancel your order, we shall immediately issue a refund to the form of payment used to pay the bill.
B. Orders
When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or modify or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. In the event that you are purchasing a gift order, you will be required to accurately provide the gift recipient’s name and shipping address and a phone number where either you or the gift recipient can be reached. For orders that are shipped via our third-party couriers, your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a refund to the form of payment used to pay the bill in the amount charged for the cancelled portion (if you have already been bill and the payment has processed) or (b) we will not bill you for the cancelled portion of the order.
C. Payment Terms
For each Product you order on the Website, you agree to pay the price applicable for the Product as of the time you submitted your order (”Product Price”), the shipping and handling fees, and any applicable Taxes (defined below). You will be solely responsible for payment of all taxes (other than taxes based on Karla Colletto’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (”Taxes”) not withheld by Karla Colletto. All payments are non-refundable (except as otherwise expressly set forth in these Terms). Acceptable forms of payment are credit card and debit card.
When you purchase a Product through our Service and provide us with a form of payment, you are representing and agreeing (a) to pay the price for such Product, all fees and applicable taxes in connection with your purchase; (b) to authorize Karla Colletto to charge your credit card or other payment method; and (c) that you have the legal right to use the payment method you provided to us or our payment processor(s).
D. Shipping Policy
We ship within the United States only. Any delivery times provided by Karla Colletto are estimates. All shipping areas are subject to change, at our discretion. All orders are shipped using one of our third-party couriers. Online tracking may be available at our courier’s website. We make no warranties regarding the availability of said online tracking, as it is under the control our third-party couriers. The title and risk of loss for a Product passes to you or the recipient upon our delivery to our third-party carrier.
F. Return Policy
- Returns: Items must be returned to us in the original condition with all tags attached. Worn, damaged, soiled or laundered items are not accepted and will be sent back to you. Once returns are accepted, we will gladly refund or issue store credit for your purchase price. For everyone's safety and hygiene, please try swimwear on over undergarments. Certain items are final sale and cannot be returned or exchanged. Those items are indicated at the time of the sale. Shipping and handling is non-refundable. If you have an account, please log into your account on our website and complete the return request form. For guest checkouts, please complete the return request. Note that creating an account gives you the advantage of faster returns and tracking of your orders in one place. Once we approve the request we will send you a label. Return the item using the provided return shipment label. All returns must be received by us within 14 days of receipt of the order. We recommend you deposit your return with the carrier within 7 days of your delivery date to ensure that it arrives at our location within 14 day Refunds are issued to the original form of payment. Please allow 10-12 business days after our receipt of your return for the refund or store credit to post to your account. We reserve the right to refuse or limit returns for any reason. We also do not price match.
- Exchanges: If you have an item you wish to exchange, follow the returns instructions above and then place a new order for a different item. You will be charged when you place your new order and refunded after your return is received and processed.
G. Sales and Promotions
We may occasionally offer sales or promotions. Please read the official rules that accompany each special offer or promotion. Sales and promotions are valid for a limited time only. We reserve the right to modify, cancel, deactivate or delete any or all promotions at any time, for any reason at our sole discretion. All sales are final.
III. Disclaimers, Limitations And Exclusions Of Liability
A. Disclaimer of Warranties
The Service, the Website, all information, content, materials and services related to the foregoing, and the products (except as set forth in section II (F)) are provided ”as is” and ”as available”. To the fullest extent permissible under applicable law, we and our affiliates specifically disclaim all warranties, express or implied, including but not limited to, any warranties of merchantability, fitness for a particular purpose, title, non-infringement, non-interference, system integration and accuracy of data. We and our affiliates do not warrant that your use of the site or service will be uninterrupted, error-free or virus free. We are not the provider of, and make no warranties with respect to, any Third-Party Offerings. We do not guarantee the security of any information transmitted to or from the Website and/or Service; and you agree to assume the security risk for any information you provide using the Website or Service.
No representation or warranty is made that the Website or Services provide comprehensive or accurate information. Any information or advice given by Karla Colletto or its affiliates, or any of its officers, directors, employees or agents shall create any warranty whatsoever. We reserve the right to filter, modify or remove content, media, information or any other material from the Website or Services and from the output of the Website or Services. You understand that we have developed our technologies to find information that we believe will be most relevant and interesting to you. Accordingly, we may in our discretion filter out links to content aggregators, search engines or other online services whose technologies and services, in our opinion, are inconsistent with these objectives.
Certain applicable law may not allow the exclusion of certain implied warranties, so the above disclaimer may not be applicable to you, in which case the foregoing disclaimer shall apply to the maximum extent permitted by law.
B. Limitation Of Liability
Use of our Service, the Website and/or the products is at your own risk. In no event will we or our affiliates be liable for any indirect, incidental, consequential or special damages, including but not limited to the indirect loss of profit, revenue, data, in connection with these Terms, the Service, the Website, or the products, whether or not such damages were foreseeable and even if we were advised that such damages were likely or possible.
C. Exclusions
The limitations or exclusions of warranties and liability contained in these terms do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business. The limitations or exclusions of warranties and remedies contained in these terms shall apply to customer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where customer is located.
D. Indemnification
To the fullest extent permitted by law, you agree to indemnify, hold harmless and, at our option, defend us, our affiliates and any of our officers, directors, employees, agents, licensors, suppliers and any third-party information providers) from and against all damages, claims, demands, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from your use of our Services and/or Websites including any violation or breach of these Terms, your violation of any rights of a third party or your violation of any applicable law, rule or regulation. This indemnification obligation will continue after you stop using the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim or matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any claim or matter without our prior written consent.
IV. Termination
We reserve the right to modify, suspend or terminate these Terms, your Account, and your access to the Website and/or the Service at any time without notice. You may delete your Account at any time, for any reason, by contacting us via mail, email or phone. Any bills outstanding at the time of the account closing will be charged to you for immediate payment. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. The provisions of sections I.B, I.C, I.D, I.E, II, III, V, VI and VII will survive the termination of these Terms.
V. Copyright Policy
Karla Colletto respects the intellectual property of others and asks that users of our Website and Services do the same. In connection with our Website and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Website and Services who infringe intellectual property rights of others, including copyrights. If you believe that one of our users is, through the use of our Website and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, please submit the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)) to our designated Copyright Agent:
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work(s) that you claim to have been infringed;
- A description of where the allegedly infringing material is located on the Website;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and email address;
- A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law;
- A statement, made under penalty of perjury, that the information in the notification is accurate, and that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Karla Colletto can be contacted at the following: Address of Agent: customerservice@karlacolletto.com
VI. Choice of Law, Binding Arbitration and Class Action and Jury Waiver
You agree that any and all claims, disputes, controversies, actions or proceedings relating to, arising out of, the use or sale of the Website, Services or these Terms (“Claims”) shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of laws principals, and that any and all Claims shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”). Any and all Claims must be commenced with AAA within one year after the claim arises. You also agree that:
- The arbitration shall be conducted before a single arbitrator pursuant to the AAA rules and procedures;
- The cost of AAA shall be split equally between the parties;
- The arbitrator shall have the right to award actual damages only and no authority to issue or award any fines, penalties, equitable relief or punitive damages;
- Your claim shall be arbitrated on individual basis and that you shall have no right to participate in a representative capacity, or as a member of any class of claimants pertaining to any claims subject to arbitration, and that the arbitrator shall not authority to consolidate or join the claims of other persons or parties who may be similarly situated and may only resolve claims and render awards between you and Karla Colletto alone; and
- All relevant proceedings shall be conducted in Fairfax County, Virginia.
The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Virginia law. Karla Colletto may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.
You and Karla Colletto both agree to irrevocably waive, to the fullest extent permitted by applicable law, any right either party may have to have a jury determine any and all Claims.
VII. Miscellaneous Matters
A. Modifications To Terms
We may change these Terms from time to time. If you use or access the Website or Services, it is your responsibility to review these Terms, and if at any time you find these Terms unacceptable, you must immediately cease use of Website or Services, nor cancel your order. Your continued payment for a Product after any changes or modification to these Terms constitutes your acceptance the modifications or changes. New Terms will only apply proactively to products purchased after the date we post the new Terms.
B. Modifications To Services
We reserve the right to modify the Website and/or Services at any time without notice. If you object to any changes to the Website or Services, your sole recourse will be to cease using the Website and Service. Continued use of the Website or Services following posting of any such changes will indicate your acknowledgement of such changes and acceptance of the Services as so modified. We also reserve the right to discontinue the Website and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Website or the Services, except and if otherwise expressly set forth in Section III.
C. Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall be deemed to be severed from these Terms, and will not affect the enforceability of any other provisions.
D. General Terms
You agree to comply with all laws, rules and regulations that apply to your use of the Website, the Services and the Products. Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms is found to be invalid, such provision shall be modified to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms constitute the entire agreement between you and us with regard to the matters described above. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Karla Colletto’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Unless otherwise provided, any notices so required to be made under these Terms shall be made to:
Karla Colletto