Terms and Conditions
Accessing, viewing and/or purchasing on this Site is prohibited by anyone under the age of 18. By accessing or using our Site you represent that you are 18 years of age or older and that you agree to be bound by these Terms.
OUR WEBSITE CONTENT
Our content consists of the language, layout, logos, service names, service marks, logos, design, graphics, appearance, photos, images, videos, merchandise, media files and any and all other information on our Site (collectively “content”).
To place an order, you can either open an account with us or you can use our Guest Checkout. If opening an account with Black.LA, you will be required to provide us with some compulsory personal information. You confirm that all personal information provided to us by you is accurate, true to your knowledge, and kept up to date. You can, at any time, update or correct your details by logging in to your Account.
When you create an account, we will ask you to create a password to allow you to access your account, and to maintain account security on this website. You are responsible for keeping your password and account information confidential. We shall not be liable for any loss or damage which may arise as a result of any failure by you to protect your personal information. Should you become aware of or suspect any unauthorized use of your account, please contact us immediately.
If we are suspicious of any activity from your account that appears fraudulent, we reserve the right to refuse your access to and where necessary, delete your account. If you use our Guest Checkout, you acknowledge that we will retain your personal information in order to process your order. If you already have an Account, we will attempt to match your personal data with your existing account information, if not, we will retain your information for future orders that you might make.
By becoming a subscriber to the website, you consent to Black.LA communicating with in methods, including but not limited to, email, SMS, and notifications. You can at any time to opt out of marketing communications. You may also opt back in at any time by accepting subscriber offers or changing your preferences.
Completion of checkout online does not constitute our acceptance of your order from us. You will be notified by email as soon as possible with confirmation that we are processing your order. Acceptance of your order will take place only when we take payment from you and dispatch of the product(s) is confirmed. We have the right, prior to dispatching the product(s) to decline an order for any reason, including legal and regulatory reasons.
The contract with you is effective upon acceptance of order as outlined above. Once you receive the order confirmation email the contract will begin and will remain in place until the last day of your right to return the products. If we cannot supply you with your order of the products, we will notify you immediately that we will not process the parts of your order that are unavailable. This notification will be by email and if you have already paid for the product(s), we will refund you for the items that cannot be fulfilled as soon as reasonably possible. If the fulfilment of any aspect of an order would be illegal or unlawful, we have the right to stop or cease to fulfil the order at any time, including after dispatch of products or notification to you that the order is being processed. In such circumstances, you understand and agree that Black.LA shall incur no liability.
During the checkout process, you will be asked to enter your payment details or will log into to a third-party website such as PayPal, Apple Pay or Amazon Pay. All fields indicated as compulsory must be completed. By completing the payment details you indicate that the method being used to make payment belongs to you or you have permission to use that payment method by the owner.
We do not store your payment information, however third-party providers used by us may be using encrypted secure payment mechanisms that could store your data. Please see individual payment providers websites for further information on how they hold your personal information collected at payment.
We take full payment immediately for all products, unless you sign up to pay for your order using our third-party credit provider. Card payments will be subject to authorization from your card issuer, and credit facilities subject to a credit check.
Products ordered remain the property of Black.LA LLC. until payment has been collected and we have delivered them to the address specified by you. If you have already received the products you ordered from us, but your payment was not received, you must either pay for the items, or return them to us in the same condition that you received them, in accordance with our reasonable return instructions and at your own expense. If you fail to do make the payment within thirty (30) days from the date on which we notify you of lack of payment of the order, we may arrange for collection of the products at your expense. We reserve the right to charge you for any and all damage to any products that are the subject of an unpaid order.
DELIVERY AND COLLECTION DELIVERY
Charges for delivery vary depending on the products ordered, your delivery address and country, and the delivery services available. Delivery will be to the address specified in your order. If no one is available at a residential or other address at the time of delivery, our courier will advise whether your order has been left in a specified safe place or returned to post office. When the products are delivered to the delivery address specified in your order, all risk including of loss or damage to the products shall pass to you. We shall be under no liability for any failure to deliver products when specified if the delay or failure is wholly or partly caused by circumstances beyond our control.
We will make every effort to keep you informed should supply of your product(s) be prevented or delayed for reasons beyond our control.
We shall be under no liability to you for such delay or failure of products being delivered when originally specified.
CHANGES TO AN ORDER
Any changes to your order must be notified to us prior to their dispatch and be in writing (via email). When an order is placed, you cannot make changes to your name or address once your order has been dispatched. If you amend or change your order this could lead to changes to your delivery timetable. If you amend or change your order you may also find the item is no longer available or that the price has changed for which you may be charged. Ability to change the order is not guaranteed.
RIGHT TO CANCEL / RETURNS
Under the law, you as a consumer may have the right to cancel your order. If products are not dispatched within the advertised timeframe on the confirmation email or within 30 days, you have the right to cancel and will be entitled to a full refund, if applicable. If you receive the goods but find them damaged or unsatisfactory, you might be able to return them for a refund. Once we have received all of your order back, any paid delivery charge will be included in your refund. The delivery charge refund will be to the value of standard delivery.
If you wish to cancel an order, please be aware that statutory rights of cancellation do not apply to products with a hygiene seal where the seal has been removed, broken or damaged. To exercise your right to cancel your contract with us, you must inform us of your decision in writing within 14 calendar days after the day you received the products. While the products are in your position, you must take reasonable care of them until you return them to us.
You shall send back any products or return them to us, without undue delay and in any event not later than 14 days from the day you communicate your cancellation of the contract to us.
The deadline is met if you send back any products before the 14 days has expired. Unless returned you will have to pay any direct cost of returning any products to us.
Products should be returned either with, or in their original packaging. You are only liable for any diminished value of the products resulting from the unnecessary handling, in excess of what is necessary to establish, characteristics and functioning of the products. We will assess this charge when the products are returned but this charge will not be more than the original contract value. We will process your refund within 14 days of receipt of the products.
For products delivered to a third party, at your request in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us.
SOCIAL NETWORKING SITES
Our content is protected by Copyright, Trademark and other laws both of the United States and Foreign Countries. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, falsely present as your own, adapt, edit, or create derivative works from such materials or content. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory or use of our content or material for any purpose not expressly permitted is strictly prohibited and in violation of these Terms. As a viewer, user or purchaser of our Site, you are granted a revocable, non-transferable license for personal, non-commercial use only that is strictly limited strictly to you. This license is to allow you to enjoy our content and Site for personal, not use this content for commercial use or gain.
USER’S GRANT OF LIMITED LICENSE
When you voluntarily submit content on this site such as, but not limited to, posting any comment, photo, image, or video, you grant Company and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose including consent to make it a part of our current or future Site or content. This right includes granting us irrevocable proprietary rights and intellectual property rights under any relevant jurisdiction without requiring any additional consent from you or any compensation by us to you. You warrant and represent that you own or otherwise control all the rights to the content and that public posting and use of your content by us will not infringe or violate the rights of any third party.
As a user, purchaser, licensee and viewer of this Site, you agree that you will not copy, steal, adapt, misrepresent this Site ownership as yours, reverse engineer, create derivative works, share, republish, modify, sell, resell, falsify, or take any inappropriate, illegal or damaging act with respect to our content or Site. You understand that engaging in any of these acts may subject you to copyright and trademark infringement, criminal and civil prosecution and revocation of license and permission to use of our content and Site.
REQUEST FOR CONSENT TO USE OUR CONTENT
If you would like to use our content in any manner that is prohibited pursuant to these Terms, or any of our other policies and agreements, you must seek written consent BEFORE HAND understanding that your request is subject to denial. You may request by contacting us at firstname.lastname@example.org.
DIGITAL MILLENNIUM COPYRIGHT ACT
Company respects the intellectual property rights of others. If you believe that material located on or linked to our Site violates your copyright, you are encouraged to notify us at email@example.com in accordance with Company’s Digital Millennium Copyright Act (“DMCA”) Policy. Company will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Company will terminate a visitor’s access to and use of the Site if, under appropriate circumstances the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Company or others. In the case of such termination, Company will have no obligation to provide a refund of any amounts previously paid to Company.
DISCLAIMER OF WARRANTIES
All materials, information, software, products, content and services included in or available through this Site is provided “AS IS”. We make no representations or warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or noninfringement. To the fullest extent of the law, Company its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. You agree that your use of this Site is completely at your own risk. We disclaim any liability for any resulting damages or injury whether direct, indirect or consequential.
Visiting the Site or sending emails to the Site constitutes electronic communications. You hereby consent to receive electronic communications and agree that all agreements, notices, disclosures and other sources of communication provided to you electronically, via email and on the Site, satisfy any legal communication that such communications be in writing.
LINKS TO OTHER WEBSITES
NO UNLAWFUL OR PROHIBITED USE
You agree not to use our Site for any unlawful or prohibited purpose. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site. You agree not to use this Site for fraudulent purposes or criminal activity, including but not limited to impersonation, harassment, annoyance or deception.
The content provided throughout this Site, including all digital content delivered via email or any electronic means are resources for educational and informational purposes only. This information should not take the place of hiring licensed professionals. Please review our full Disclaimer. No user of this site shall act or refrain from acting based on information included on our Site.
DAMAGE TO YOUR COMPUTER OR ELECTRONIC DEVICE
We use reasonable efforts to ensure that this website is free from viruses and malicious or harmful content, but we cannot guarantee that your use of the content or any links on this website will not cause damage to your computer or device. It is your responsibility to ensure that you have the right equipment, including antivirus software to use the website safely and to screen out anything that may damage or harm your computer or device. It is understood that Company shall not be liable, except where required by applicable law, to any user for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via this website.
LIMITATION OF LIABILITY
Under no circumstances shall Company, its subsidiaries, or its licensors be liable for any direct indirect, incidental, special, or consequential damages that result from the use of or inability to use, this Site. This limitation applies whether the challenged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage. This exclusion shall be limited to the full extent permitted by law.
RELEASE OF CLAIMS
We shall not be liable to any party for any direct, indirect, special, incidental, equitable or consequential damages for any reliance on or Site or its content or anyone affiliated with us in any way. You hereby release us from any and all claims and understand that we accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these terms and conditions or your use of the website.
You agree to indemnify, defend and hold harmless Black.LA LLC., our officers, directors, affiliates, employees, agents and third parties, for any losses, liabilities, cost, expenses, attorney fees and any other cost arising out of your use of or inability to use the Site or services, your violation of any terms of this agreement or your violation of a third party right or other laws or regulations.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of California. You expressly agree that that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms is only in the State or Federal Courts in California. You hereby consent to personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any provision of these Terms is held by a court of law to be illegal, invalid, or unenforceable, (a) the Parties shall amend that revision to achieve substantially the same economic effect as the original provision, and (b) the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or invalidated.
Any disputes involving these Terms shall be submitted to binding arbitration in California in accordance with the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. In Company’s sole discretion, intellectual property disputes may be handled through the appropriate state or federal court in the Commonwealth of California, and you consent to exclusive jurisdiction and venue in such courts.
NOTICE OF CHANGE
We reserve the right to modify or replace these Terms at any time. You have the responsibility to keep updated as to all such changes by periodically checking our Site. Your continued use of this Site after changes to the Terms constitute your acceptance to the modified or replaced Terms and your consent to abide by the Terms as modified or replaced whether you have read them or not.
If you have any questions or concerns regarding these Terms and Conditions, email us at firstname.lastname@example.org and put “Terms” in the subject line.