Last Updated August 18, 2022
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.
SECTION 1: ACCESS TO THE SITE
The Service may not be used by anyone under the age of eighteen (18) without the supervision of a parent or legal guardian who agrees to be bound by these Terms. You represent and warrant that you are at least eighteen (18) years of age (or the legal age under applicable law), or if not, that you have reviewed these Terms with your parent or legal guardian and that person agrees to be bound by these Terms.
L’AVANT grants you a limited license to use the Service for your personal use only. You may not use the Service in any way that interferes with L’AVANT’s ownership rights in the Service, and L’AVANT may terminate your access to the Service if you are in breach of these Terms. The following activities may also result in termination of your access to the Service:
- Commercially exploiting the Service, meaning you cannot use, sell, lease, or participate in any activity that serves to generate income from the Service;
- Making a copy of the Service or any portion of the Service, except as allowed under these Terms;
- Using any data mining tools or automation tools such as spiders, scrapers, crawlers, scripts, bots, or any other automated or manual method or process to access, retrieve, index, or reproduce the Service or its contents;
- Reverse engineering, decompiling, disassembling, translating, preparing derivative works based on, or otherwise modifying the Service, in whole or in part;
- Removing, obscuring, or modifying any copyright, trademark, or other proprietary rights notices, marks, or labels contained on or within the Service, or falsifying or deleting any author attributions, legal notices, or other labels of the origin or source of the material;
- Misrepresenting the source of ownership of the Service; or
- Conducting any other activity that might be considered illegal or tortious. This includes, without limitation, “hacking” the Service, infringing the intellectual property or other rights of third parties, modifying, altering, translating, reverse engineering, decompiling, or disassembling the Service or related documentation, or creating derivative works based on the Service.
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 nor hyper-link to it without first obtaining the express prior written permission of an authorized representative of L’AVANT.
Modification. L’AVANT reserves the right, at any time, to modify, suspend, or discontinue the Site or Service (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 Service.
SECTION 2: 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: (i) all required registration information you submit is true and accurate; and (ii) you will maintain the accuracy of the information on your Account. You may delete your Account at any time, for any reason, by emailing us at firstname.lastname@example.org with a request to delete your account. L’AVANT may suspend or terminate your Account in accordance with Section 10.
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 will immediately notify L'AVANT of any unauthorized or suspected unauthorized use of your Account or any other breach of security. L'AVANT will not be liable for any loss or damage arising from your failure to comply with these account responsibility 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; (ii) your credit card company will honor any charges you incur; 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) as needed to provide you with information or transactions you request.
Order Modification, Rejection, Cancellation, and Refunds. We reserve the right to reject or modify an order, whether or not such order has been confirmed 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, or orders that use the same billing or shipping address. You will be notified of any rejection or changes to your order at the email address you provide 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. For information about order cancellations or refunds, see our Cancellation Policy and Refund Policy.
SECTION 3: PRODUCT AVAILABILITY & DISPLAY
Certain products may be available exclusively online through our Site. 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 will not be liable to you or to any third party for any modification, price change, suspension, or discontinuation 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 4: CLEAN SUBSCRIPTION PROGRAM
CLEAN subscription purchases ship automatically based on the preferences you set in your Account. By selecting a CLEAN subscription, you are authorizing L’AVANT to charge your credit card for future purchases based on the quantity and frequency you have specified; you accept responsibility for all recurring charges prior to cancellation. You can change or cancel your subscription up to twenty-four (24) hours prior to your designated ship date. You will receive a reminder email three (3) days prior to each shipment.
SECTION 5: SMS/MMS MOBILE MESSAGE MARKETING PROGRAM
User Opt-In: Our mobile messaging program (the “Program”) allows you to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, the foregoing will not be interpreted to suggest or imply that any of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt-Out: If you do not wish to continue participating in the Program, you will reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or asking one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, you will complete the User Opt-Out process before you stop using the mobile telephone number and your obligation to do so is a material part of these Terms. If you stop using your mobile telephone number without notifying us of such change, you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by L’AVANT, or any party that assists in the delivery of the mobile messages, as a result of claims brought by any individual who is later assigned that mobile telephone number. This duty to notify will survive any cancellation or termination of your agreement to participate in any of our Programs.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis, may not be available in all areas at all times, and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. L’AVANT is not liable for delayed or undelivered mobile messages.
SECTION 6: COPYRIGHT AND TRADEMARKS
Our Site and its content is copyrighted and may not be reproduced, published, broadcast, posted, modified, transmitted, displayed, distributed, downloaded, or otherwise used except as provided in these Terms 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, with trademark symbols, or in any other fashion, are trademarks and intellectual property of L'AVANT or other owners who have given L’AVANT the right to use their intellectual property. Any unauthorized use of the trademarks or any other intellectual property of L'AVANT is expressly prohibited.
SECTION 7: THIRD PARTY CONTENT
The Service may include third-party content and links to websites or content owned or operated by third parties (“Third Party Content”). L’AVANT does not own or control any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content. If you use any of these third-party products or services, you assume all risks and liabilities. Third parties should have their own terms of service and privacy policies which you should review.
We may also, in the future, offer new services or features through the Site (including the release of new tools and resources). Such new features or services will also be subject to these Terms.
SECTION 8: FEEDBACK
You affirm that no Feedback 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 Feedback submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and will remain solely responsible for the content of any Feedback you make.
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 9: 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, or 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 the Site should be taken to indicate that all information in the Service or Site has been modified or updated.
SECTION 10: TERM AND TERMINATION
These Terms will remain in full force and effect while you use the Site unless stated otherwise in these Terms. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion. 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 or Account.
Disclosures. If you are a California resident, you may report complaints related to your Account or Service termination 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: (i) consent to receive communications from L'AVANT in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that L'AVANT provides to you electronically will satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
SECTION 11: LIMITATION ON LIABILITY
THE SERVICE IS PROVIDED “AS IS" AND ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, OR PRODUCTS AND SERVICES AVAILABLE THROUGH THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ALL MATERIAL ON THE SITE SUCH AS TEXT, GRAPHICS, LOGOS, IMAGES, DATA, SOFTWARE, APPLICABLE UPDATES, AND OTHER MATERIAL IS HEREBY DEFINED AS “MATERIAL”. WE ARE NOT LIABLE FOR: (i) TECHNICAL PROBLEMS OR MALFUNCTIONS THAT AFFECT THE IMAGE GALLERY OR VIEWING OF THE USER MATERIAL; OR (ii) LOST, FAULTY, ILLEGIBLE, DISTORTED, JUMBLED, GARBLED, DELAYED, INTERCEPTED, OR OTHERWISE UN-RECEIVED USER MATERIAL OR DATA TRANSMISSIONS. L’AVANT WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY MATERIAL OR SERVICES ON THE SITE, LINKS TO THIRD-PARTY WEBSITES, OR ANY THIRD PARTY WEBSITES.
WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE OF THE SUITABILITY OF THE SERVICE FOR YOUR PURPOSES, OR THAT THE USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, SCREEN-READERS, HARDWARE, SOFTWARE, SYSTEMS, OR DATA.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED THE GREATER OF $1,000 OR THE TOTAL AMOUNT YOU HAVE PAID US FOR THE SERVICE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
SECTION 12: INDEMNIFICATION
You will indemnify, defend, and hold L’AVANT and its partners, affiliates, contractors, officers, directors, employees, and agents harmless from and against any and all damages, losses, and expenses arising directly or indirectly from your acts or your failure to act when using the Service.
SECTION 13: ACCESSIBILITY
We are committed to giving each user the best possible experience through our Service. If you have a concern about your access or ability to access our Service, let us know by filing a claims notice as described in Section 14 below.
SECTION 14: DISPUTES AND CLAIMS
You will not file any legal action against L’AVANT in any forum without submitting a detailed description of your dispute or claim to L’AVANT at firstname.lastname@example.org Dispute"). The information you provide to us must include specific information about the Dispute such as the nature of the issue, the website pages affected by the issue, reference to any legal authority governing the issue (such as citations to state privacy laws, CANSPAM statutes, or similar regulations), and any other information a reasonable person would consider relevant to resolving the issue.
L’AVANT has ninety (90) days to respond to your email notice. If you send more than one (1) email notice, the ninety- (90) day response timeline applies separately to each email notice you send. If your issue is not resolved within ninety (90) days, you have thirty (30) days to request an informal mediation about the issue with L’AVANT. If L’AVANT agrees to mediation, the mediation will take place in Seattle, Washington with a professional mediator to be mutually selected by the parties. The parties will split the costs of mediation equally.
If a dispute between you and L’AVANT cannot be resolved informally or through mediation, litigation may be commenced either in the district court of King County, Washington for state court cases, or in the United States District Court for the Western District of Washington for federal court cases. Each Party agrees to submit to the exclusive jurisdiction of such courts with respect to any dispute(s) and agrees not to bring any dispute(s) in any other court or adjudicative body. Each party hereby consents to venue and personal jurisdiction in such courts with respect to the Dispute and irrevocably waives any right that it may have to assert that such forum is not convenient or that any such court lacks jurisdiction.
YOU WAIVE THE RIGHT TO A TRIAL BY JURY, TO PARTICIPATE IN A CLASS ACTION, OR TO SEEK REMEDIES BEYOND THE EXTENT NECESSARY TO PROVIDE INDIVIDUALIZED RELIEF. YOU AGREE NOT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED OR DE FACTO CLASS OR REPRESENTATIVE PROCEEDING, AS A PRIVATE ATTORNEY GENERAL, OR ON BEHALF OF THE GENERAL PUBLIC.
Any Dispute must be filed within two (2) years after the cause of action arose and the parties waive any statute of limitations to the contrary. The substantially prevailing party in any dispute litigation regarding any Dispute will be entitled to recover reasonable attorney’s fees and costs, including expert costs.
SECTION 15: GENERAL
SECTION 16: CONTACT US
Your comments and questions regarding our Site and products are important to us. Please contact us at email@example.com and indicate on the subject line: “Terms & Conditions.”