TERMS AND CONDITIONS OF USE
Last Updated January 9, 2020
This website is operated by Serendi US, Inc. (“SERENDI”). Throughout the Site, the terms “we”, “us” and “our” refer to Serendi US, Inc. We offer the Site, including all information, tools and services available from the Site (“Service”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated in these Terms and Conditions of Use (“Terms”).
By visiting the Site and/or purchasing something from us, you engage in our Service and agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, if any. These Terms apply to all users of the Site, including without limitation, users who are browsers, customers, and/or contributors of content. The Terms do not alter in any way the terms or conditions of any other agreement you may have with SERENDI, or our subsidiaries or affiliates, for products, services or otherwise.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by the Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services. If the Terms are considered an offer, acceptance is expressly limited to the Terms.
Any new features or tools which are added to the Site subsequent to the Last Updated date above are also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to change these Terms from time to time. If SERENDI makes changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Site or updating the date oat the top of these Terms. We encourage you to frequently review the Terms to ensure you under the terms and conditions that apply to your use of the Site. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. If you do not agree to the amended Terms, you must stop using the Site. Any use of the Site in violation of these Terms may result in, among others, termination of your account.
If you have any questions or comments regarding the Site or its contents, please contact us (see ).
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.
THESE TERMS APPLY TO ALL SITE USERS
SECTION 1 – CHILD RESTRICTION
You must be at least 13 years old to access or use the Site. The Site is not targeted towards or designed for and intended for use by anyone under 13 years of age. If you are not at least 13 years old, do not access or use the Site (including, among others, establishing an account on the Site or ordering products from the Site). By using the Site, you represent and warrant that you are 13 years old or older. Also, if you are under the age of 18, you may use the Site only with the supervision of an adult parent or guardian. In any event, you may not purchase any products from the Site unless you are at least 18 years old.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
SECTION 3 – INTELLECTUAL PROPERTY
3.1 Ownership of Site Material.
Unless otherwise indicated on the Site, the Site Material are owned by SERENDI and others. Site Material are the proprietary property of SERENDI or our licensors, suppliers or users and are protected by U.S. and international copyright laws. “Site Material” means all content and materials on the Site including, without limitation, SERENDI trademarks and logos, slogans, text, graphics, data, information, design, product description, HTML text, graphics, other files, photographs, codes, software, sound files, other files and the selection and arrangement thereof.
3.2 Limited License.
SERENDI grants you a limited, nonexclusive, non-sublicensable license to access and use the Site and Site Material for your own personal use. Such license is subject to your strict compliance with the Terms and such grant does not include, without limitation: (a) any resale or commercial use of the Site or any Site Material; (b) modification, adaptation, translation, reverse engineering, decompilation or otherwise making derivative uses of the Site and the Site Material; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Material (including any SERENDI trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings, pictures or descriptions; (e) use of any data mining, robots, automated tools or similar data gathering and extraction methods on the Site Material or to collect any information from the Site or any other user of the Site except as otherwise permitted on the Site; or (f) any use of the Site or the Site Material other than for their intended purposes.
Without limiting the above, you may electronically copy and print to hard copy portions of the Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in the Site (including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance), without the prior written permission of SERENDI or the respective intellectual property owner, is strictly prohibited.
3.3 Termination of License.
If you make or permit any unauthorized use of the Site and the Site Material outside the scope of the license granted herein, without the prior written permission of SERENDI, the license granted herein will automatic terminate. Such prohibited use in violation of the license granted may also violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any right or license in or under any patent, trademark, copyright, or proprietary rights of SERENDI or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time at SERENDI’s sole discretion.
“SERENDI” and its respective designs and/or logos are either trademarks or registered trademark of SERENDI and may not be copied, imitated or used, in whole or in part, without the prior written permission of SERENDI. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of SERENDI, and may not be copied, imitated, or used, in whole or in part, without our prior written permission of SERENDI. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners.
If you suspect copyright infringement upon a copyright that you own or control with anything on the Site, please write to us at firstname.lastname@example.org or at our physical address:
Serendi US, Inc.
9171 Wilshire Blvd #500
Beverly Hills, CA, USA 90210
Please note that your notice must comply with the Digital Millennium Copyright Act (please consult with your attorney and/or see 17 U.S.C. §512(c)(3)). Please also note that you may be liable for damages (including costs and attorney’s fees) incurred by us or the alleged infringer if you make any material misrepresentation in your notification that the material or activity is infringing, and we rely on your misrepresentation in removing the material claimed to be infringing.
SECTION 4 – HYPERLINKS AND THIRD-PARTY LINKS
4.1 Hyperlinks to the Site.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site’s home page only for noncommercial purposes, provided such link does not portray SERENDI or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or material that is offensive. We may revoke this limited right at any time. You may not use, frame or utilize framing techniques to enclose any SERENDI trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page, or form contained on a page without SERENDI’s express written consent. All other linking is prohibited without our prior consent.
4.2 Links to Third Party Site.
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
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 – ERRORS, INACCURACIES AND OMISSIONS ACCURACY
While we attempt to be accurate as possible and to eliminate errors on the Site, occasionally there may be information on the Site or in the Service that contain errors, inaccuracies or omissions relating to, among others, product description, pricing, promotions and offers, product shipping charges, transit times and availability. We do not warrant that the Site Material including, without limitation, any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current tor error-free. We are not responsible if information made available on the Site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We reserve the right to any errors, inaccuracies, or omissions on the Site.
SECTION 7 – SUBMISSIONS
7.1 Your Information.
By registering on the Site, you agree that any information you provide to us will be current, accurate and complete, and you will promptly update this information for any changes.
7.2 User Submissions.
We may, but have no obligation to, monitor, edit or remove the User Submission that we determine in our sole discretion are false, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable or violates any party’s intellectual property or these Terms, or restricts or inhibits any other person from using or enjoying the Site or which may expose SERENDI or our users to any harm or liability of any type.
7.3 Restriction of Submissions.
You assure that your User Submission will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
7.4 License to Us.
You agree SERENDI claims no ownership or control over any User Submission and that you remain solely responsible and liable for your User Submissions. By submitting or posting User Submission, you grant SERENDI a nonexclusive, royalty-free world-wide perpetual, irrevocable, transferable, and full sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit the User Submissions or any ideas, concepts, know-how or techniques associated with the User Submissions for any purpose whatsoever, commercial or otherwise without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or of our assigns. Further, you hereby waive all moral rights, or agree, represent and warrant that all moral rights in the User Submission are irrevocably waived, in favor of us and our assigns. Also, if you submit, post or share User Submission through the Site or third-party platforms, you understand that this User Submission will be viewable by others.
SECTION 8 – PERSONAL INFORMATION
SECTION 9 – USER CONDUCT
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its Site Material:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- 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 Site or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose;
- to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet; or
- for any purpose other than the Site’s intended purposes.
We reserve the right to terminate your use of the Site and Service or any related website for violating any of the prohibited uses.
SECTION 10 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE SITE, THE SITE MATERIAL, AND SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITE ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SERENDI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. SERENDI DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THE SITE. SERENDI DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. SERENDI IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. SERENDI DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THEIR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE IS AT YOUR SOLE RISK.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by SERENDI.
10.2 Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SERENDI BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO SERENDI’S OPERATION OF, OR YOUR ACCESS OR USE OF, THE SITE, EVEN IF SERENDI OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES INCLUDING BUT NOT LIMITED TO ANY DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS INTERRUPTIONS TO ALL OR PORTIONS OF THE SITE, DELETION OF FILES OR EMAIL, ERRORS OR OMISSIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SERENDI’S RECORDS, PROGRAMS OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SERENDI, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO SERENDI’S OPERATION OF THE SITE EXCEED $50.00.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT OF SERENDI IN CONNECTION WITH OPERATING THE SITE.
SECTION 11 – INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless SERENDI US, Inc. and our parent, subsidiaries and affiliates, and each of their respective partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any claims or demands, liabilities, costs and expenses (including reasonable attorneys’ fees) (collectively, “Claims”) made by any third-party in connection with or arising out of your breach of the Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. You agree to promptly notify SERENDI of any and all third-party Claims, cooperate with SERENDI in defending such Claims and pay all fees, costs and expenses associated with defending such Claims. You further agree that SERENDI shall have control of the defense or settlement of any third-party Claims.
SECTION 12 – TERMINATION
Notwithstanding anything in these Terms, SERENDI reserves the right, without notice and it is sole discretion, to terminate your license to access or use the Site, and to block or prevent future access to and use of the Site. You may terminate the Terms at any time by closing your account, discontinuing your use of the Site and providing SERENDI with a notice of termination. The Terms shall survive and still apply following the termination. The termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
SECTION 13 – GOVERNING LAW; DISPUTE RESOLUTION
13.1 Governing Law.
The Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made an to be entirely performed with the State of California, without regard to its conflict of laws provisions.
13.2 Dispute Resolution.
In the event any dispute arises, the party raising any claims of dispute shall attempt in the first instance to resolve such dispute through mutual consultation, failing of which, you irrevocably and unconditionally agree that any controversy or claim arising out of or relating the Terms, or the breach thereof, shall be exclusively and finally settled by a binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules in Los Angeles County, California by one arbitrator appointed in accordance with said rules. You agree that judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
SECTION 14 – CHANGES TO THE TERMS
You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to modify the Terms from time to time and SERENDI has the right to do so. It is your responsibility to check the Site periodically for changes. Without limiting the foregoing, if any Terms are changed, we will post the updated Terms on the Site and note the date they were last updated. Any changes or modification will be effective upon posting of the Term on the Site as revised, and your use of the Site following the posting will constitute your acceptance of the new Terms.
SECTION 15 – WAIVERS
No waiver, express or implied, by either party of any breach of or default under the Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
SECTION 16 – NO THIRD-PARTY BENEFICIARIES
The Terms are for the benefit of, and will be enforceable by, the parties only. The Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
SECTION 17 – SEVERABILITY
In the event that any provision of the Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The Terms and any policies or operating rules posted by us on the Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of the Terms shall not be construed against the drafting party.
SECTION 19 – HEADING
The headings used in the Terms are included for convenience only and will not limit or otherwise affect the Terms.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms should be sent to us at email@example.com or at the address below:
Serendi US, Inc.
9171 Wilshire Blvd #500
Beverly Hills, CA, USA 90210
IN ADDITION TO THE ABOVE SECTIONS IN THESE TERMS, THE FOLLOWING SECTIONS APPLY TO ALL PURCHASES MADE ON THE SITE
SECTION 1 - PRODUCTS OR SERVICES
- Return Policy.
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
>1.2 Changes, Misprints, Errors and Cancellations.
To the fullest extent permitted by applicable law, SERENDI: (a) reserves the right to change the goods and services advertised or offered for sale through the Site, the prices or specifications of such goods and services, and any promotional offers and any other Site Material at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on the Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site Material (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on the Site is inaccurate or when we recognize abuse of our policies. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
1.3 Pricing and Availability
All prices are shown in U.S. dollars; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all of part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and taxes applicable to merchandise you are purchasing will be added to your order. In the rare event the amount of tax charged on your order is not correct, you may request a refund in accordance with the state laws applicable to your purchase.
1.4 Out-of-Stock Items; Backorders
Sometimes we will not know in advance that product is unavailable. Some items may be backordered or unavailable even if the Site indicates that they are in-stock, and adding an item to your cart does not guarantee the availability of the item. We will not charge your payment card until the item ships to the designated delivery address. If the backordered item, if applicable, is no longer available, we will cancel the time from your order and notify you, usually via e-mail. If you have items on backorder that you would like to cancel, please contact us.
1.5 Shipping and Handling; No Export by You
You agree to pay the shipping and any handling charges shown on the Site when your order is placed. We reserve the right to increase, decrease, add or eliminate changes from time to time and without prior notice, so you agree to check all charged before placing an order. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contacts, not destination contracts. Any shipping times shown on the Site are estimates only; actual delivery dates may vary. You agree that you will not obtain or direct shipment of products for export.
1.6 Payment; Credit for Refunds
Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other payment method. By submitting your order, you represent and warrant that you are authorized to use the designated card or payment method and you authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding “Your Account,” you agree to keep all payment cards or other payment method information current, and you agree that we may subject charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.
SECTION 2 – LIMITED WARRANTY; DISCLAIMER OF WARRANTY
SERENDI warrants that the products purchased through the Site will be free from defects in materials and workmanship at the time of sale. This warranty does not cover damages or malfunctions caused by normal wear and tear, accident, abuse, neglect, improper storage or handling, misuse, vandalism, acts of God, or other causes external to the product.
This warranty gives you specific legal rights, and you may have other rights, which vary from ONE State to ANOTHER.
SERENDI makes no other express warranties and this warranty supersedes any prior representations and understandings regarding the products, including any warranty arising form course of dealing, course of performance, or usage of trade. Manufacturers of products may provide other warranties, and you agree that your remedy for any defects in such products will be based solely on the warranty(s), if any, provided by those manufacturers.
SECTION 3 – REMEDY; LIMITATION OF LIABILITY
Your sole and exclusive remedy, and SERENDI’s sole and exclusive liability, for any breach of warranty by SERENDI shall be your right to return the product or receive a refund as provided in SERENDI’s Return Policy.
IN NO EVENT SHALL SERENDI BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PRODITS OR LOSS OF BUSINESS, EVEN IF SERENDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF SERENDI, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORTY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE SERENDI’S LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE SITE, OR FOR SERENDI’S GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
SECTION 4 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 5 – ELIGIBILITY, REGISTRATION AND ACCOUNT
You represent and warrant that you (a) have not previously been suspended or removed from the Site; (b) do not have more than one account per Site; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.
In order to access and use certain areas or features of our Site, you will need to register for an account. When registering for an account, you cannot create a screen name that incorporates a trademark without authorization from the trademark owner. In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your account credentials; (d) not share your account credentials with others; and (e) promptly notify SERENDI if you discover or otherwise suspect any security breaches related to your account or the Site.
SECTION 6 – CONSENT TO ELECTRONIC COMMUNICATION; RECORDING
6.1 Consent to Electronic Communication
When you visit the Site, chat with us or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by chat, email, or by posting a notice on the Site. You also consent to recording of any oral communication between you and SERENDI. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the Site, or leaving a telephone message with an email address for customer service to respond to a query about your account. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information (including your personal financial or medical information) from time to time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner.
6.2 Legal Equivalency
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
SECTION 7 – COMPLAINTS AND LEGAL NOTICES
All complaints and legal notices should be mailed to:
SERENDI US, INC.
Attn: Stella Ryu.
9171 Wilshire Blvd #500
Beverly Hills, CA, USA 90210.
If a law requires us to accept legal notices via email, you may email the notices to us at firstname.lastname@example.org. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or (800) 952-5210.