TERMS AND CONDITIONS
This website is owned and operated by ALAIN FAGNIDI LLC. By visiting our website and accessing the information, resources, services, products, and tools that we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as "User Agreement"), along with the terms and conditions as stated in our privacy.
This agreement is in effect as of November 2000. We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such changes will constitute acknowledgment and agreement of the modified terms and conditions.
1. RESPONSIBLE USE AND CONDUCT
By visiting our website and accessing the information, resources, services, products, and tools that we provide for you, either directly or indirectly (hereafter referred to as "Resources"), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices and guidelines.
Wherein, you understand that:
A. To access our Resources, you may be required to provide specific information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
B. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).
C. Obtaining (or attempting to get) any of our Resources by any means other than through the means we provide, is strictly prohibited. You expressly agree not to access (or attempt to obtain) any of our Resources through any automated, unethical or unconventional means.
D. Engaging in any activity that disrupts or interferes with our Resources, including the servers and networks to which our Resources are located or connected, is strictly prohibited.
E. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
F. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
G. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any material to our website, then it is your responsibility to use these tools responsibly and ethically. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share or otherwise distribute any content that
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any suggestive, inappropriate, or explicit language.
- Infringe on any trademark, patent, trade secret, copyright, or other proprietary rights of any party.
- Contain any unauthorized or unsolicited advertising.
- Impersonates any person or entity, including any ALAIN FAGNIDI LLC employee or representative.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any material that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you as a result of this consent to such removal, and permission to waive any claim against us.
I. You agree to indemnify and hold harmless ALAIN FAGNIDI LLC and its directors, officers, managers, employees, donors, agents, licensors, and affiliates from and against all losses, expenses, damages, and costs. This includes reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
3. LIMITATION OF WARRANTIES
By using our website, you understand and agree that all Resources we provide are "As Is" and "As Available." We do not represent or warrant to you that:
- The use of our Resources will meet your needs or requirements.
- The use of our Resources will be uninterrupted, timely, secure or free from errors.
- The information obtained by using our Resources will be accurate or reliable.
- Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
- Any content downloaded or otherwise obtained through the use of our Resources is done at your discretion and risk and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
- No information or advice, whether expressed, implied, oral or written, obtained by you from ALAIN FAGNIDI LLC, or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
4. LIMITATION OF LIABILITY
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for the use of products and services. ALAIN FAGNIDI LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on this website, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of ALAIN FAGNIDI LLC and by applicable copyright and trademark law are protected. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited unless specifically authorized by ALAIN FAGNIDI LLC.
6. TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
7. GOVERNING LAW
ALAIN FAGNIDI LLC controls this website from our offices located in the state of New York. Most countries around the world can access it. By accessing our site, you agree that the statutes and regulations of New York, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall cause grounds for litigation in the federal or state courts located in New York. You hereby agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, ALAIN FAGNIDI LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about our User Agreement as outlined above, you can contact us at:
ALAIN FAGNIDI LLC
TERMS AND CONDITIONS OF SALE APPLICABLE TO ORDERS OF ALAIN FAGNIDI LLC AND OTHER PRODUCTS
The prices of the Products are in US dollars, excluding taxes, costs for storage, transportation, and insurance, which are payable by Client over and above the listed price. The client must pay for their order at the specified price displayed on www.alainfagnidi.com. ALAIN FAGNIDI LLC reserves the right to modify the prices of Products offered on www.alainfagnidi.com at any time without prior notice. A display of the costs and charges of the client's order on www.alainfagnidi.com at the time of their order was confirmed provided the products ordered were available at this time; however, ALAIN FAGNIDI LLC reserves the right not to accept or to cancel your order if the Products are not available, are incorrectly priced or are otherwise incorrectly described.
2. Terms of Payment
- The Client is required to pay for any order placed on www.alainfagnidi.com immediately upon confirmation of the transaction.
- We only accept payment by credit or debit card. Store credits or gift certificates issued by ALAIN FAGNIDI LLC are not acceptable forms of payment for items offered on www.alainfagnidi.com.
- All orders are payable in US dollars. We accept debit cards along with the following credit cards: MasterCard®, Visa®, Diners Club®/Carte Blanche®, American Express®, and JCB®. Your order will only dispatch once we have verified your payment method and received authorization to process your payment.
- If any of the Products in your order are unavailable, we will only charge you the prices, taxes and shipping costs for the Products available.
- A transportation fee of 6% of the retail subtotal of the order, excluding sales tax, and not to exceed $5,000, will be charged when your Product is ready to ship.
3. Terms of Delivery
Delivery of Products will be by an independent company. Delivery times may vary.
4. No Exchange or Return of Products
All sales are final. The Products may not be returned or exchanged for credit.
5. Place of Delivery of the Products
Unless otherwise expressly agreed in writing, the Products will be delivered to the address indicated by the Client.
For any claims or objections regarding the Products to be valid, the Client must state them immediately to the carrier upon receipt of the Product, and noted on the bill of lading. In the case of possible damage, you must send such claims
By email to: OFFICE@FAGNIDI.COM
Sending a claim must be done within 48 hours of the delivery in the form of a certified letter with acknowledgment of receipt. The client may also contact Alain Fagnidi LLC Customer Service at email@example.com within 48 hours of the delivery concerning any claim or objection.
The Products are designed for use as apparel. Maintaining of these Products must be consistent with the instructions issued by Alain Fagnidi LLC and must be used in accordance with the purposes for which they were designed.
The Products are partially or entirely made of natural fibers of wood and of leather, which are living materials. Therefore, we cannot guarantee the Product delivered will not be free from defects or precisely identical to the sample seen by the Client. As a consequence, Alain Fagnidi LLC cannot be held liable for any normal differences between the sample and the Product delivered.
The dimensions of the Products as listed on www.alainfagnidi.com are provided for information only, as the Client accepts manufacturing tolerances. Alain Fagnidi LLC is entitled to make any modifications arising from the technical requirements of manufacture, without the Client having to bear any costs resulting from those modifications.
7. Intellectual Property Rights Held by ALAIN FAGNIDI LLC
The present terms and conditions of sale do not grant to the Client or any other person any entitlements of any kind to the intellectual property rights held by ALAIN FAGNIDI LLC. These intellectual property rights prohibit, inter alias, the affixing of the ALAIN FAGNIDI LLC trademark and its logo, the insertion of photos of the Products or their packaging in any material (including brochures, posters, catalogues, correspondence, press articles, audiovisual works, internet sites, intranet sites, etc.) without express prior written approval from ALAIN FAGNIDI LLC.
The Client agrees to refrain from fabricating or arranging for the fabrication of, for itself or on behalf of third parties, products that are identical to, and similar to, or constituting imitations of the products or derivative products within the meaning of federal and state intellectual property laws and regulations. All materials featured on www.alainfagnidi.com: drawings, designs, models, illustrations, images, soundtracks, texts, logos, and trademarks are the exclusive property of ALAIN FAGNIDI LLC or its subsidiaries. You may not reproduce, by any means or process, wholly or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such materials contained on the alainfagnidi.com website.
The 'FAGNIDI' trademark, the trademark image of a traditional African mask, the Roman numeral 1978, and all other ALAIN FAGNIDI LLC related marks and logos, whether or not registered, displayed on www.alainfagnidi.com and other ALAIN FAGNIDI LLC websites, as well as the domain names 'FAGNIDI.com' and 'HERITAGE1978.com' are and will remain the exclusive property of ALAIN FAGNIDI LLC. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without prior, express agreement of ALAIN FAGNIDI LLC is prohibited.
You may not remove any copyright, trademark or other proprietary notice contained on any ALAIN FAGNIDI LLC website or any content contained therein. You may make a single copy of web pages published on our sites for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein. ALAIN FAGNIDI LLC remains the owner of the creations relating to the Products.
8. Retention of Ownership
ALAIN FAGNIDI LLC shall retain ownership of the Products until actual payment in full of the full amount owed for the order. From the time of delivery of the Products to Client, Client shall bear the risk of loss and damage to the Products or any damage that the products may cause.
Our website may contain links to third party websites that are not published or controlled by ALAIN FAGNIDI LLC. Such links are provided as a convenience only and cannot, and may not be interpreted as, an express or implied endorsement of such websites, their content or any products or services offered thereon. You may only provide a link to www.alainfagnidi.com website if expressly authorized in writing by ALAIN FAGNIDI LLC.
10. Limitation of Liability
ALAIN FAGNIDI LLC shall not be liable to you or any third party for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits or other indirect losses, arising out of or in connection with your use or inability to use www.alainfagnidi.com. This limitation of liability shall apply to the fullest extent permitted by law.