Last Updated 10/12/20
Welcome to the L’AVANT Collective website (the “Site”). By using our Site and/or purchasing something from us, you engage in our service (“Service”) and accept all Terms and Conditions (“Terms”) of its use as described herein. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. We reserve the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because by visiting the Site, you agree to accept any such changes. If you do not agree to the Terms, you should not review information or obtain goods, services or products from this Site.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION ONE: ACCOUNTS
Account Creation. In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. L’AVANT may suspend or terminate your Account in accordance with Section 9.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify L'AVANT of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. L'AVANT cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Payments. You represent and warrant that if you are purchasing something from us that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. We do not accept reseller or sales and use tax exemption certificates for online sales.
Verification. We reserve the right to contact you via email to verify the accuracy of account information (including your correct name and address) that is needed to provide you with the information you requested from us.
Order Modification/Rejection. We reserve the right to reject or modify an order, whether or not such order has been confirmed and/or your credit card has been charged. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. You will be notified of any rejection or changes to your order at the email address you provided at check out. If your credit card has already been charged and any portion of your order is rejected, we will issue a credit to your credit card account for the amount rejected. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
SECTION 2 – PRODUCT AVAILABILITY & DISPLAY
Certain products may be available exclusively online through our Website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue products from our Site, without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of our products.
L'AVANT will make every reasonable effort to display its merchandise on the Site as accurately as possible. Unfortunately, various factors, including the display and color capabilities of your computer monitor, may significantly affect what you actually see on your screen. L'AVANT is not responsible for the display of any color, texture or detail of its merchandise on your computer screen and cannot guarantee the accuracy thereof.
SECTION 3: COPYRIGHT AND TRADEMARKS
Our Site and its content (images and text) is copyrighted and may not be reproduced, published, broadcast, posted, modified, transmitted, displayed, distributed, downloaded or otherwise used except as provided herein without the express written permission of L'AVANT.
All L'AVANT trademarks, trade names, service marks, service names, product names, and intellectual property, whether or not delineated in large print or with trademark symbols or in any other fashion, are trademarks and/or intellectual property of L'AVANT or other owners that were granted the right to use such intellectual property. The unauthorized use of the trademarks or any other intellectual property of L'AVANT is expressly prohibited.
SECTION 4: ACCESS TO THE SITE
License. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, 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 in any way that will affect the functionality or operation of the Service or Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or Site, other websites, or the Internet. We reserve the right to terminate your use of the Service or Site for violating any of the prohibited uses.
Representations. You represent that: (i) you are of legal age for your jurisdiction; (ii) you will not use our Site in any way that violates any applicable local or international law or regulation; (iii) you will not impersonate or attempt to impersonate us, our employees, another customer or user, or any other company, person or entity; (iv) you will not do anything that could disable, overburden, damage, or impair our Site or interfere with any person’s use of our Site; (v) you will not use any robot, spider or other automatic device, process or means to access our Site for any unlawful purpose or in violation of these Terms; (vi) you will not introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful; and (vii) you will not co-brand or frame our Site or hyper-link to it without first obtaining the express prior written permission of an authorized representative of L’AVANT.
Modification. LAVANT reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that L'AVANT will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
SECTION 5 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 6: LINKS TO OTHER SITES
Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of L'AVANT, and L'AVANT is not responsible for any Third-Party Links & Ads. L'AVANT provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads. In addition, certain third-party sites may also provide links to the L'AVANT Site. None of such links should be deemed to imply that L'AVANT endorses such third-party sites or any content therein.
SECTION 7: USER COMMENTS
You agree that no User Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no User Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any User Comments you make.
We have the right, but not obligation, to review, screen, delete or edit any User Comment. You accept that such contributions do not reflect our views and are not endorsed by us.
Your interactions with other Site users are solely between you and such users. You agree that L'AVANT will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
SECTION 8 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Site, should be taken to indicate that all information in the Service or Site has been modified or updated.
SECTION 9: TERM AND TERMINATION
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. L'AVANT will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account.
Disclosures. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and L'AVANT use electronic means, whether you use the Site or send us emails, or whether L’AVANT posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from L'AVANT in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that L'AVANT provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
SECTION 10: RETURN / REFUND POLICY
Our Return Policy is part of this policy and may be updated from time to time.
SECTION 12: LIMITATION ON LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall L'AVANT, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Site, or for any other claim related in any way to your use of any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the product posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13: INDEMINFICATION
You agree to indemnify, defend and hold harmless L'AVANT and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 14: GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 15: CONTACT US
Your comments and questions regarding our Site and products are important to us. Please contact us at firstname.lastname@example.org and indicate on the subject line, “Terms & Conditions.”