Terms of Service
TERMS OF SERVICE
Welcome to www.shopveranera.com (the “VERANERA Site”), a website owned and operated by Veranera Holdings, LLC. The following Terms of Service for the VERANERA Site is a legal contract between you, either an individual subscriber, customer, member, or user of at least 18 years of age (“You”), and Veranera Holdings, LLC - regarding your use of the VERANERA Site. Visitors and users of the VERANERA Site are referred to individually as “User” and collectively as “Users”.
Please read carefully the following terms of service. By registering for, accessing, browsing, or using the VERANERA Site, You acknowledge that You are receiving a benefit from Veranera Holdings, LLC, and that You have read, understood, and agree to be bound by the following terms and conditions (without modification), including any additional guidelines and future modifications made by Veranera Holdings, LLC (collectively, the “terms”).
- Eligibility. the VERANERA Site IS not available to persons under the age of 18 or to any Users previously suspended or removed from the VERANEA Site by Veranera Holdings, LLC. By using the VERANERA Site, You represent that You are at least 18 years of age and have not been previously suspended or removed from the VERANERA Site by Veranera Holdings, LLC.
- Individual Features and Services. When using the VERANERA Site, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these
- Modification of these Terms. Veranera Holdings, LLC reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the VERANERA Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the VERANERA Site.
Pricing and Product Descriptions. Although we make reasonable efforts to provide accurate pricing information and product descriptions, pricing mistakes, typographical errors or mistakes regarding product availability may occur. We reserve the right to correct such mistakes and errors. We cannot guarantee that information displayed on the site is 100% accurate. In the event that a product is listed at an incorrect price or a product description is inaccurate, we shall have the right, in our sole discretion, to reject any order or to cancel any orders placed for that product. In those circumstances, if your credit card has already been charged, we will issue a credit to your credit card within a commercially reasonable amount of time.
We make reasonable efforts to display, as accurately as possible, the colors of our products. However, the actual colors You see depend on your monitor or device, and thus we cannot guarantee that the colors of products You see when viewing the Website will be accurate.
- Order Limitations. We reserve the right to limit, in our sole discretion, the quantities of any product that may be purchased on a per person or per order basis.
- Shipping, Returns & Exchange Policies Please refer to our Shipping, Returns & Exchange Policies for more information on our shipping rates and other policies and procedures, all of which are incorporated herein by reference. We accept returns postmarked within 14 days from the date your order was delivered. Refunds are issued to your original payment method. Refunds cannot be returned to alternate cards or different forms of payment. Returns must be received in new condition; unused, unworn, unwashed with the hygienic liner intact. Items returned with obvious use, makeup, deodorant, perfume, or similar product stains will be subject to refusal.
- Prohibited Conduct. By using the VERANERA Site You agree not to:
- use the VERANERA Site for any purposes other than to access the VERANERA Site as such services are offered by Veranera Holdings, LLC
- post, upload, or distribute any defamatory, libelous, or inaccurate content;
- post, upload, or distribute any other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the VERANERA Site accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the VERANERA Site, or perform any other similar fraudulent activity;
- delete the copyright or other proprietary rights on the VERANERA Site;
- use the VERANERA Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
- use the VERANERA Site if You are under the age of 18 years old;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the VERANERA Site, features that prevent or restrict use or copying of any content accessible through the VERANERA Site, or features that enforce limitations on the use of the VERANERA Site;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the VERANERA Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- modify, adapt, translate or create derivative works based upon the VERANERA Site or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
- intentionally interfere with or damage operation of the VERANERA Site or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious
- When you use the VERANERA Site to purchase any products, services, or information from Veranera Holdings, LLC, You may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to Veranera Holdings, LLC on registration, upon an inquiry or order and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify Veranera Holdings, LLC. You may be liable for the losses incurred by Veranera Holdings, LLC or others due to any unauthorized use of your VERANERA Site account.
- Third-Party Sites, Products and Services; Links. The VERANERA Site may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Veranera Holdings, LLC does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the VERANERA Site are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
- Your only remedy with respect to any dissatisfaction with (i) the VERANERA Site, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of Veranera Holdings, LLC in operating the VERANERA Site, or (v) any content or information transmitted through the VERANERA Site, is to terminate this Terms of Service and your account. You may terminate this Terms of Service at any time by deleting your account with the VERANERA Site and discontinuing use of any and all parts of the VERANERA Site.
- Ownership; Proprietary Rights. The VERANERA Site is owned and operated by Veranera Holdings, LLC. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the VERANERA Site provided by Veranera Holdings, LLC (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the VERANERA Site are the property of Veranera Holdings, LLC or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Veranera Holdings, LLC or its affiliates and/or third-party licensors. Except as expressly authorized by Veranera Holdings, LLC, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Veranera Holdings, LLC reserves all rights not expressly granted in this Terms of Service.
- Indemnification. You agree to indemnify, save, and hold Veranera Holdings, LLC, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the VERANERA Site, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Veranera Holdings, LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Veranera Holdings, LLC, and You agree to cooperate with Veranera Holdings, LLC defense of these claims. Veranera Holdings, LLC will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
- Disclaimers; No Warranties. No Warranties. To the fullest extent permissible pursuant to applicable law, Veranera Holdings, LLC, and its affiliates, partners, licensors and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from Veranera Holdings, LLC or through the VERANERA Site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this Section 14 the term Veranera Holdings, LLC includes Veranera Holdings, LLC officers, directors, employees, shareholders, agents, licensors and subcontractors.
- “As is” and “As available” and “With All Faults”. You expressly agree that use of the VERANERA Site is at your sole risk. The VERANERA Site and any data, information, third-party software, reference sites, services, or applications made available in conjunction with or through the VERANERA Site are provided on an “as is”and “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied.
- Veranera Holdings, LLC, its suppliers, licensors, affiliates, and partners do not warrant that the data, functions, or any other information offered on or through the VERANERA Site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
- Accuracy. Veranera Holdings, LLC, its suppliers, licensors, affiliates, and partners do not warrant or make any representations regarding the use or the results of the use of the VERANERA Site or any reference sites in terms of correctness, accuracy, reliability, or
- Harm to Your Computer. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the VERANERA Site (including RSS feeds) or any reference sites at your own discretion and risk and that You will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material
- Limitation of Damages. In no event will Veranera Holdings, LLC or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers total liability to You for all damages, losses, and causes of action arising out of or relating to these terms or your use of the VERANERA Site or your interaction with other VERANERA Site Users (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by You, if any, for accessing the VERANERA Site during the twelve months immediately preceding the date of the claim or one hundred dollars, whichever is
- Reference Sites. These limitations of liability also apply with respect to damages incurred by You by reason of any products or services sold or provided on any reference sites or otherwise by third parties other than Veranera Holdings, LLC and received through or advertised on the VERANERA Site or received through any reference
- Basis of the Bargain. You acknowledge and agree that Veranera Holdings, LLC has offered its products and services, set its prices, and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Veranera Holdings, LLC, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Veranera Holdings, LLC. Veranera Holdings, LLC would not be able to provide the VERANERA Site to you on an economically reasonable basis without these limitations.
- Limitations by Applicable Law. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to You. You may also have other rights that vary from state to state and jurisdiction to
- Waiver. The failure of Veranera Holdings, LLC to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Veranera Holdings, LLC.
- Dispute Resolution and Arbitration.
- Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
- Arbitration. For any claim related to these Terms of Service or the VERANERA Site, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either Veranera Holdings, LLC or You may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance- based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or Veranera Holdings, LLC will be filed only in the state or federal courts in and for New York County, New York, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, except as provided in Section 16.3(b) regarding arbitration. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
- Improperly Filed Claims. All claims You bring against Veranera Holdings, LLC must be resolved in accordance with this Section 16.3. All claims filed or brought contrary to this Section 16.3 shall be considered improperly filed. Should either party file a claim contrary to this Section 16.3, the other party may recover attorneys’ fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
- Sever ability. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining
- Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Veranera Holdings, LLC without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be
- Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 11 through
- Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions
- Claims. You and Veranera Holdings, LLC agree that any cause of action arising out of or related to the VERANERA Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Disclosures. The VERANERA Site is hosted in the United States, and the services provided here under are offered by Veranera Holdings, LLC: P.O. Box 1603, New York, NY, 10276