GENERAL CONDITIONS OF SALE

 

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Overview

 

This web site is operated by Ikspan, Inc.. On this site, the terms "we", "our" and "our" are a reference to Ikspan, Inc.. Ikspan, Inc. offers this website, including all information, tools and services that are available to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting this website and/or by purchasing any of our products, you engage in our "Service" and agree to be bound by the following terms and conditions ("terms and Conditions", "terms and Conditions of Sale and Use", "terms and Conditions"), including the terms, conditions, and additional policies referenced herein and/or available by hyperlink. These General Conditions of Sale and Use apply to all users of this site, including, but not limited to, users browsing on the site, who are vendors, customers, merchants, and/or contributors of content.

 

Please carefully read these General Conditions of Sale and Use before accessing or using our web site. By accessing or using any part of this site, you agree to be bound by these General Conditions of Sale and Use. If you do not agree to all the terms and conditions and all terms and Conditions of this agreement, then you must not access the website nor use the services offered there. If these General Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these terms and Conditions of Sale and Use.

 

All of the new features and all the new tools that will be added later to this shop will also be subject to these General Conditions of Sale and Use. You can view the most recent version of the General Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these General Conditions of Sale and of Use by posting updates and/or changes on our web site. It is your responsibility to check this page regularly to check if changes have been made. Your continued use of the website or your access to it after the posting of any changes constitutes acceptance by you of such changes.

 

Our store is hosted on Shopify Inc. They provide us with the platform e-commerce which allows us to sell our products and services.

 

 

ARTICLE 1 – terms and CONDITIONS Of USE OF OUR ONLINE SHOP

 

By accepting these General Conditions of Sale and of Use, you represent that you have reached the age of majority in your country, State or province of residence and you have given us your consent to allow any minor in your care to use this web site.

 

The use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in the context of the use of the Service, violate any laws in your jurisdiction (including but not limited to -- laws relating to copyrights).

 

You must not transmit worms, viruses or any code of a destructive nature.

 

Any infraction or violation of these terms and Conditions of Sale and Use will result in immediate termination of your Services.

 

 

ARTICLE 2 – TERMS AND CONDITIONS

 

We reserve the right to refuse at any time the access to the services to any person, for any reason whatsoever.

 

You understand that your content (excluding your credit card information) may be transferred unencrypted, and this implies (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or any access to the Service or contact on the website through which the Service is provided, without express written consent from our part.

 

The headings used in this agreement are included for convenience and will not limit or affect these Terms.

 

 

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF THE INFORMATION

 

We are not responsible if information made available on this site is not accurate, complete or up to date. The content of this site is provided for informational purposes only and should not be your only source of information to make decisions, without prior consultation of sources of information more accurate, complete and up to date. If you decide to trust the content presented on this site, you do so at your own risk.

 

This site may contain certain historical information. These prior information, by nature, are not up to date and are provided for informational purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.

 

 

ARTICLE 4 – MODIFICATIONS TO THE SERVICE AND THE PRICE

 

The prices of our products may be modified without prior notice.

 

We reserve the right at any time to modify or discontinue the Service (or any portion or any content from the Service without notice and at any time.

 

We will not be liable to you or any other third party for any price change, suspension or discontinuance of the Service.

 

 

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

 

Some products or services may be exclusively available online on our web site. These products or services may be available in limited quantities and can only be the subject of returns and / or exchanges in accordance to our Return Policy.

 

We have done our best to display as clearly as possible the colors and images of our products that appear on our shop. We cannot guarantee that the colors display by your computer screen will be accurate.

 

We reserve the right, without however being obliged to do so, to limit the sales of our products or services to any person, and in any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and all prices of the products may be changed at any time without prior notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any offer for any service or product presented on this site is void where prohibited by law.

 

We do not guarantee that the quality of any products, services, information, or any other merchandise that you obtained or purchased will meet your expectations, or that any errors in the Service will be corrected.

 

 

ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to reject any order you place with us. We may, in our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or for the same customer account, the same credit card, and/or orders that use the same billing and/or shipping. In the case where we change an order, or if we were to cancel it, we may attempt to notify you by contacting you at the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, might seem to come from dealers, resellers or distributors.

 

You agree to provide accurate information order and account current, complete and accurate for all orders placed on our shop. You agree to promptly update your account and other information, including your e-mail address, your credit card numbers and expiration dates, so we could complete your transactions and contact you if necessary.

 

For more details, please refer to our Return Policy.

 

 

SECTION 7 – OPTIONAL TOOLS

 

We may provide you with access to tools of third parties on which we do not exercise or follow-up, nor control, nor influence.

 

You acknowledge and agree that we provide access to such tools "as is" and "as available" basis, without any warranty, representation or condition of any kind and without any endorsement. We shall have no legal liability arising from or related to the use of these tools optional third-party.

 

If you use the optional tools offered on the site, you do so at your own risk and at your own discretion, and you should refer to the conditions under which these tools are offered by the third-party vendors(s) concerned.

 

We may also, in the future, offer new services and/or new features on our site (including new tools and resources). These new features and these new services will also be subject to these General Conditions of Sale and Use.

 

 

ARTICLE 8 – LINKS TO THIRD-PARTY

 

Certain content, products and services available via our Service may include materials from third parties.

 

The links from third parties on this site may redirect you to third party websites that are not affiliated to us. We are not responsible for examining or evaluating the content or accuracy of these websites, and we do not guarantee and assume no liability for any content, website, product, service or other item available on or from such third party sites.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with such third-party web sites. Please read carefully the policies and practices of the third parties and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions about the products of these third parties must be subject to those third party websites.

 

 

SECTION 9 – COMMENTS, SUGGESTIONS, AND OTHER submissions Of USERS

 

If, at our request, you submit content (for example, to participate in contests), or if without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, "feedback"), you grant us the right, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any media any and all comments that you send to us. We are not and should not be required (1) to maintain the confidentiality of the comments; (2) to pay compensation to anyone for any comments submitted; (3) to respond to comments.

 

We may, but shall have no obligation to, monitor, edit or remove content that we deem, in our sole discretion, to be unlawful, offensive, threatening, abusive, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these General Conditions of Sale and Use.

 

You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality or other personal or proprietary rights. You also agree that your comments will not contain any content that is unlawful, defamatory, offensive or obscene, and that they shall not contain not more no computer virus or other malicious software that could affect in any way the operation of the Service or any other associated web site. You may not use a false e-mail address, pretend to be someone you're not, or try to induce us and/or third parties as to the origin of your comments. You are fully responsible for all comments that you post, as well as their accuracy. We assume no responsibility and disclaim any commitment with respect to any and all comments that you post or that any third party publishes.

 

 

ARTICLE 10 – PERSONAL INFORMATION

 

The submission of your personal information on our store is governed by our Privacy Policy. Click here to view our Privacy Policy.

 

 

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

 

It could be that there was sometimes information on our website or in the Service that could contain typographical errors, inaccuracies, or omissions that may be related to product descriptions, pricing, promotions, offers, shipping of products, delivery periods and availability. We reserve the right to correct any errors, inaccuracies, omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, and, at any time and without prior notice (including after you have submitted your order).

 

We are not obliged to update, amend or clarify information in the Service or on any related website, including but not limited to, pricing information, except if required by law. No definite date of an update or refresh in the Service or on any related website should be taken into account to conclude that the information in the Service or on any related website has been modified or updated.

 

 

 

ARTICLE 12 – PROHIBITED USES

 

In addition to the prohibitions set forth in the General terms and Conditions of Sale and Use, it is prohibited to use the site or its content: (a) illegal purposes; (b) to encourage third parties to perform illegal acts or to take part in it; (c) to violate any order of the regional or any law, rule or regulation-international, federal, state and provincial levels; (d) to infringe upon or violate our intellectual property rights or those of third parties; (e) in order to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on sex, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used so as to compromise the functionality or the operation of the Service or any other website associated, independent, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phishing, to divert a domain, to extract information, browse, search, or scan the web (or other resources); (j) for obscene or immoral; or (k) to infringe or circumvent the security measures of our Service, any other web site, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

 

 

SECTION 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

We do not represent or claim to be in any case that your use of our Service will be uninterrupted, timely, secure, or error-free.

 

We do not guarantee that the results that may be obtained through the use of the Service will be accurate or reliable.

 

You agree that from time to time, we may remove the Service for periods of time of undefined or cancel the Service at any time, without prior notice.

 

You expressly agree that your use of the Service, or your inability to use this site, is at your sole risk. The Service and all products and services provided to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without representation, without guarantees and without conditions of any kind, express or implied, including all implied warranties of merchantability or of merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

 

Ikspan, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall in no event be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind or nature, including, but not limited to, loss of profits, revenue, savings, data, replacement costs, or any similar damages, whether in contract, tort (even negligence), strict liability or otherwise, resulting from your use of any product or service from this Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising from the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility that they arise. Because some States or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.

 

 

 

ARTICLE 14 – COMPENSATION

 

You agree to indemnify, defend, and protect Ikspan, Inc., our parent company, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys ' fees, made by any third party due to or arising out of your breach of these terms and Conditions of Sale and Use or of the documents to which they make reference, or your violation of any law or the rights of any third party.

 

 

ARTICLE 15 – SEVERABILITY

 

In the case where a provision of these General Conditions of Sale and Use would be deemed unlawful, void, or unenforceable, that provision will nonetheless be enforced to the fullest extent permitted by law, and the part that is not applicable shall be regarded as being severable from these Terms and conditions of Sale and Use, this separation shall not affect the validity and enforceability of any other remaining provisions.

 

 

ARTICLE 16 – TERMINATION

 

The obligations and responsibilities incurred by the parties prior to the date of termination will remain in effect after the termination of this agreement for all purposes.

 

These General Conditions of Sale and Use are effective unless and until they are cancelled by or to you or not. You may terminate these General Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

If we determine, in our sole discretion, that you fail, or if we suspect that you have been unable to comply with the terms of these General Conditions of Sale and of Use, we may also terminate this agreement at any time without notice to you in advance and you will remain liable for all amounts owing up to the date of termination (the latter being included), and/or we may deny you access to our Services (or any portion thereof).

 

 

ARTICLE 17 – ENTIRE AGREEMENT

 

Any failure by us to exercise or enforce any right or provision of these General Conditions of Sale and Use shall not constitute a waiver of such right or provision.

 

These General Conditions of Sale and Use or any other policy or rule of operating that we publish on this website or in connection with the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede all communications, proposals and all agreements, prior and contemporaneous, oral or written, between you and us (including, but not limited to, any prior versions of the Terms and conditions of Sale and of Use).

 

Any ambiguity regarding the interpretation of these General Conditions of Sale and Use shall not be construed against the party editor.

 

 

ARTICLE 18 – APPLICABLE LAW

 

These General Conditions of Sale and Use, as well as any other separate agreement through which we provide you Services shall be governed by and construed in accordance with, the laws in force at 475 Washington boulevard, Venice, CA, 90292, United States.

 

 

ARTICLE 19 – AMENDMENTS TO the GENERAL CONDITIONS OF SALE AND USE

 

You can view the most recent version of the General Conditions of Sale and Use at any time on this page.

 

We reserve the right, at our sole discretion, to update, to modify or replace any part of these Terms and conditions of Sale and of Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to see if changes have been made. Your continued use of or your access to our site following the posting of any changes to these General Conditions of Sale and of Use constitutes acceptance of those changes.

 

 

SECTION 20 – CONTACT INFORMATION

 

Questions regarding the terms and Conditions of Sale and Use should be sent to us at contact@ikspan.com.