These terms of Use govern your use of the Website located at www.joanmarieclassics.com and all of its affiliates Websites and digital applications to which this Term of Use is linked Individually or Collectively. As used in this Terms of Use, an entity controlling, controlled by, or under common control with another entity shall be deemed to be an “Affiliate”, where control means ownership of 15% or more of the voting stock or other ownership interests. It is our statement to the pubic that we, us or our Company is a Florida Limited Liability Corporation, LLC. This Website allows all visitors to the website who are guests to browse through all of our information and products who are at least eighteen (18) years of age and not a minor in their state or residence and who freely and willingly agree to abide to the Terms of Use. By clicking and acknowledging consent to our terms and agreeing to accept our conditions and terms freely and as you review all the pages, products and areas of this site and you further agree that the terms “you”, “your”, and “yours” when used herein refer to either Registrants or Visitors or Guests unless the context of this Agreement indicates otherwise. This Agreement sets forth the terms and conditions which govern your use of the Website.
1. This Agreement.
It is noted that these Terms of Use (“Agreement”) sets forth the legally binding terms for your use of the covered sites. Upon your use of this Website or any of our sites you are acknowledging and accepting this agreement on behalf of yourself or the Entity that you represent and it is further agreed that on your behalf or any other party that you represent and warrant that you have the right, authority and capacity to enter into this agreement. If you are not of legal age or at least 18 years old, you may not access or use this Website without the proper supervision of your parent. It is further noted that if you do not agree to all of the provisions of this Agreement, you are not authorized to have access and/or use this Website.
Please read this Agreement carefully before accessing the Website. By using this Website located at www.joanmarieclassics.com and the pages, features, content, information, applications, and services contained therein from time to time (collectively, “the Service “), you agree to these terms and conditions (Terms and Conditions or this “Agreement”), whether you are a “Visitor” ( which means that you simply browse the Service) or you are a “Member” ( which means that you have registered or transacted with the Service or a component thereof). The term”User” refers to a Visitor or a Member. If you do not agree to these Terms or Conditions , you should not use the Service. Joan Marie Classics reserves the right to make changes to the Service and these Terms and Conditions at any time and without notice.
By accessing the Website, Visitors indicate that they have read, understood and agree to be bound by the terms and conditions set forth in this Agreement. Registrants indicate that they have read, understood and agree to be bound by the terms and conditions set forth in this Agreement by means of a click-through consent, where is provided by Joan Marie Classics. If you do not agree to be bound by this Agreement, you are not authorized to use the Website. Furthermore, you are not authorized to use the Website if (i) you are not of legal age or otherwise do not have the legal capacity to form a binding contract with Joan Marie Classics, or (ii) you are a person barred from using the Website either (a) under the laws of the country in which you reside or from which you are attempting to access the Website, or (b) due to prior violations of this Agreement.
2. Product Identification and Purchase
From time to time, Joan Marie Classics, may offer merchandise for sale as part of the Service. Joan Marie Classics reserves the right to change the descriptions, specifications, and prices of the products offered on the Service without notice and at any time. Joan Marie Classics does not warrant that such descriptions, specifications, color of fabric and prices of such products are accurate, complete or current at all times. Such merchandise may not be available for delivery to your country of residence. Our delivery to you of an email confirmation following your placement of an order does not constitute our acceptance of such order, and we reserve the right to reject such order or limit the quantity of products under such order. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site. We have made every effort to display and describe as accurately as possible the colors and designs of our products that appear on the Website; however, due to monitor discrepancies, we cannot guarantee that your display of color will be accurate or show the merchandise in its best manner.
3. Trademarks and Copyrights
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Properties are registered and unregistered Trademarks of Joan Marie Classics (or other rights holders) and may not be used in any manner that is likely to cause customer confusion, or that disparages or discredits Joan Marie Classics or the applicable rights holder. You do not receive, by implication or otherwise, any license or right to use any Trademark displayed on the Properties without our prior written permission. We will enforce our Trademark rights to the fullest extent of the law, including by seeking of criminal prosecution.
You shall not use the Website in any manner that interferes with or disrupts the Website services connected to the website in any way and it is further stipulated that you may not infringe on any copyright, trademarks, patents or other right of any party or defame or invade the publicity rights or the privacy of any person, living or decease (or impersonates of any such person.)
Unless we have given prior approval, you may not create links to materials or other content directly or indirectly for any reason what so ever. It is also expressly and implicitly declared that you may not copy, modify or create a derivative work of, reverse engineers, or otherwise attempt to extract the source code of the software underlying the Website or any portion thereof.
If you believe in good faith that Materials we host infringe on your copyright, you or your agent may send us a notice, in accordance with the requirements set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”), requesting that we prevent or at least block access to the infringing Material.
4. Prices and Orders
The prices displayed on this site are quoted in U.S. dollars and are intended to be valid and effective only in the United States of America. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. We will gladly issue a credit to your credit card account if your credit card has already been charged for the purchase and your order canceled.
5. Use of Material on the Site
All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Joan Marie Classics, its licensors or its content providers and is protected by copyright, trademark and other applicable laws.
The Properties are only for your personal, non-commercial use. You may not make any commercial use of the Properties, or any content, code, data or materials on the Properties, unless you have received our prior written permission. Except as we expressly permit, you may not download, display, copy, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Properties. Doing so may violate or infringe copyright and other laws of the United States of America and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use. We will enforce our intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.
Contact information provided on our site may not be used for unauthorized purposes and that absolutely includes marketing and personal benefits. By agreeing to be a part of this Website and participate in any of it surfing of pages, you admit and state without question that you will not interrupt or attempt to interrupt the operation of our site in any fashion or way. You may not utilize any of our hardware or software for any reason or any purpose to intercept any system, data or personal information from this site. Joan Marie Classics reserves the right, in its sole discretion to limit or limit and or to terminate your access to use this site at any time without specific notice and acknowledgement. If and when you place any orders for merchandise or products for your personal use or for the benefit of another you are personally liable for any orders that you place or charge or help others to access or use.
6. Purchase and Payment
You most definitely have the right to purchase any product that is available on our site for purchase; however, please be aware that all your requests to purchase is conditional on our receipt of the appropriate full payment and related costs for such product and that if for any reason your card cannot be approved or accepted by our credit card processing company, you will not be entitled to receive the merchandise nor will you have any rights, benefits or reason to receive any merchandise. We also reserve the right to cancel your order and any orders and/or suspend or terminate your Account and/or any Account for no reason on our part. Please also note that you are personally responsible for all charges made under your Account and that we will most definitely expect you to be responsible to make payment for any charges made upon your account.
Please also note that if we do not have available of the product that you are questing at this time, we reserve the right to cancel your order, void your credit card payment and respond that the merchandise in question is no longer available for sale. Please note that we change our pricing and product line frequently, so it is your responsibility to check all the details before ordering from us. We also cannot guarantee product availability for any one of our customers, friends or clients.
7. Taxes
You are responsible for paying all applicable taxes that may arise out of any purchase made under your Account or otherwise made by you.
8. Returns and Exchanges
If you have a purchase of one of our products that have been offered through our Website and you wish to return it to us, you must adhere to our Return and/or Exchange Policy that is noted on this web site on the Contact Us web page.
Our Return Policy specifically stipulates that you must return the merchandise in unworn condition, all tickets attached and a copy of your invoice with reason for return within 18 days of receiving your item(s) for a refund. If your item(s) does not have a tag, it will be returned to the customer. Please also note that we do not reimburse shipping costs. It is further stipulated that all items that are returned after 18 days but before 30 days are subject to a 22% restocking fee and merchandise that we determined has been worn or damage but not by our company will not be refunded for any value or amount.
No returns will be refunded after 30 days with no exception. Because of the volume of e-mails and notices that we receive from our customers, we cannot confirm delivery of any returns, however, if we receive merchandise back that is warranted of a credit to your credit card, we will send a confirmation email that your credit card has been refunded. We in most cases will refund the credit card within 5 business days of receiving your returned merchandise. Please also note that we can only make a re-payment to the original credit card when the original payment was made, so if you are a recipient of a gift, you may exchange your merchandise for one that is of equal or more value and we will charge your card with the difference accordingly.
All exchanges or returns of merchandise are subject to the rules and regulations as stipulated within this document and/or stated in the return and exchange.
9. Shipping and Handling
A nominal shipping and handling charge is automatically added to all orders and charges are based upon the total merchandise amount and weight.
We will ship our merchandise anywhere in the world and all international orders are priced individually depending upon the cost of shipping the merchandise to a specific Country or Province. All U.S. addresses are shipped via UPS, 5 day ground service. For quotes on Express Delivery, call (941)-954-9001
Please review all of our shipping and handling rates available at the Contact Us Web Page on this Website
10. Links
This site may contain links to other Web sites, some of which are operated by Joan Marie Classics or its affiliates and others of which are operated by third parties. Any Websites that we link to or suggestions offered are done so to simply share information that may or may not be of value or importance to you and we state unequivocally that we do not endorse or otherwise have control over such websites. They are offered only as a convenience to you and another avenue to seek out additional resources, and we are not providing professional or medical care, advise, diagnosis or treatment. Always seek the advise of your physician or other qualified health care professional before relying on the site content, we do not encourage or advise you or anyone to disregard professional medical advice or delay in seeking it because of something you read on this site. We, therefore stipulate that we are not responsible or liable, directly or indirectly for the available information of such websites, nor are we directly or indirectly responsible or liable for any content, data, text, software, music, sound, photographs, video, messages, tags, links, advertising, services, products, or other materials on or available from such websites. Your personal participation, correspondence or business dealings with any third party site that were found through these links are solely dealings made between you and any such third party and any damage or loss caused or alleged to be caused by or in connection with your interaction with any such third party regarding purchase, payment, damages, procedures and or policies is solely between you and any such third party and is subject to the third party policies and procedures and not to the terms and conditions of this Agreement. Joan Marie Classics is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
11. Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE PROPERTIES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED AND ALL SUCH WARRANTIES AND CONDITIONS ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. JOAN MARIE CLASSICS MAKE NO WARRANTIES OR CONDITIONS WHATSOEVER REGARDING THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES REGARDING: INFORMATION AND CONTENT AVAILABLE ON THE PROPERTIES; UPTIME OR UNINTERRUPTED ACCESS TO THE PROPERTIES; TITLE; NON-INFRINGEMENT; MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE PROPERTIES OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
USING THE INTERNET MAY EXPOSE YOU TO CERTAIN RISKS. WE ARE NOT RESPONSIBLE FOR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE PROPERTIES OR FROM DOWNLOADING ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE PROPERTIES. WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE PROPERTIES IS CORRECT AND UP-TO-DATE, BUT IT MAY NOT BE. WE MAY CHANGE ANY OF THE INFORMATION PROVIDED ON THE PROPERTIES AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE PROPERTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE FOREGOING EXCLUSIONS OF EXPRESS AND IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LOCAL LAWS. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
12. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER JOAN MARIE CLASSICS NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, JOAN MARIE CLASSICS REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF JOAN MARIE CLASSICS, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER JOAN MARIE CLASSICS NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH JOAN MARIE CLASSICS IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND JOAN MARIE CLASSICS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
13. Applicable Laws
We and our service providers control and operate the Properties from the United States of America and to the Laws of the State of Florida. We do not represent that materials on the Properties are appropriate or available for use in locations outside of the United States of America. Persons who choose to access the Properties from locations outside of the United States of America do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms of Use waive their respective rights to a trial by jury.
14. ASSIGNMENT
You shall not resell or assign your rights, duties or obligations under this Agreement and that any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by JOAN MARIE CLASSICE, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees. Without limitation of the foregoing, we may sell, transfer or otherwise share some or all of our assets, including without limitation your personal information, with any parent company, subsidiary, joint venture, and a company under our common control, as well as with a potential acquirer, including without limitation in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such an event, the PII we have collected from you may be one of the assets transferred.
15. Indemnification
You agree to defend, indemnify, and hold harmless JOAN MARIE CLASSICS, its affiliates and its third party service providers, and their respective directors, officers, employees, owners, licensors and agents, from and against all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of (a) your breach of these Terms of Use and/or the Privacy Policy; (b) your use, access and/or activities in connection with the Site or any services related to the Site (including Third Party Services); and/or (c) any content including, without limitation any User material) you submit, post, transmit, upload, modify or otherwise make available through the Site, your use of the site or your violation of any rights of any third party, including without limitation, any copyright, property or privacy right, and Communications and disputes between you and any other Site user or third party (including any Third Party Provider or Third Party Vendor). We may participate in the defense of any claim at our own cost. You shall not settle any claim that affects us without our prior written approval.
16. Termination
Your only right and/or remedy with respect to any dissatisfaction with (a) these Terms, (b) any policy or practice of ours in operating the Site, including, without limitation, our Privacy Policy, or (c) any content available through the Site or any change therein, is to stop visiting and using the Site. We may terminate your use of the Site, including your membership in the Site, at any time, in our sole discretion. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and username, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
17. Correspondence
While we will make every effort to respond quickly to applicable and appropriate email messages, we stand on notice here and now that Joan Marie Classics is under no obligation to respond to all pieces of correspondence received through this site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your thoughts, comments and feedback regarding Joan Marie Classics, our merchandise, our articles or shared information and our services, we do not wish to receive or subscribe to receive any confidential or proprietary ideas, suggestions, materials or information via this website or any email connection. All forms of communication, such as but not limited to comments, feedback, ideas, suggestions and other submissions with Joan Marie Classics and any or all of its affiliates shall become and will remain the property of Joan Marie Classics. It is further noted that any such disclosure or submission by you or your representative is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission; however, it is further noted that we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your full permission or otherwise are required by law to do so.
18. Changes to Terms of Use
Joan Marie Classics may, at its sole discretion, change, add to or remove any portion of these Terms of Use at any time without notice or notification to you and these changes will be effective immediate when posted on the Properties. Your continued use of the Properties and/or the services offered on or through the Properties after any changes to these Terms of Use are posted will be considered acceptance of those changes.