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Terms

CARLA VALCÁRCEL

carlavalcarcel.com

Terms and Conditions

  1. Terms and Conditions:

Hello special customer! These are the legal terms and conditions under which the Carla Valcárcelwebsite will supply our products (“Products”) to you. Please take the time to read these terms and conditions carefully before ordering any Products from our site to secure the most pleasant and memorable experience for your special event. Remember, this website is owned and operated by Carla Valcárcel LLC (“Carla Valcárcel ” or “Valcárcel”).

By using our site, you expressly indicate that you accept these terms, regardless of whether or not you choose to create a profile or purchase any of our products. If you do not accept these terms and conditions, please refrain from using our site.

Carla Valcárcel reserves the right to change the nature of these Terms and Conditions at any time and to revise these Terms of Use from time to time as we see fit to insure that our clients receive only the best service in the online couture industry. As such, you should check these Terms of Use periodically. Your accessing, browsing, viewing and/or using the Site after we post changes to these Terms of Use constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them. If unfortunately, you violate any of the terms of these Terms and Conditions you will have your access to our site canceled.

  1. About us

Carla Valcárcel is an innovative gown experience for the modern woman, offering a customizable designer experience.  Our mission is to provide every woman luxurious, unique and affordable crafted gowns for the most important day of their lives.  But more importantly, we want to become part of the community.  The way we do business will be directly related to the impact it will have on our world, our community and our consumers.  It is imperative for us that we create socially conscious businesses.

  1. Our Product

Our Products are designed specifically for you and created to customize your garment at the upmost quality. Our website offers couture designs and ready-to-wear separates, such as tops, bottoms, among many other additions and applications for the body of your Carla Valcárcel product; along with accessories such as shoes, undergarments, garters, veils, belts, jewelry to finish up your total Valcárcel look.

  1. Process of Order

Our Product is made to order, therefore it will take a minimum of seven (30) business days and a maximum of thirty (90) business days to craft. Keep in mind, our pieces are customized with the outmost care and highest level of artistry. Therefore, the time it will take us create your order reflects our dedication on making your pieces with the glamour they deserve.

In a Rush? Given the quality of our Product and the dedication we put into your order some pieces might be expressed shipped to you with an additional price, which will be detailed in your store basket. If the item you want expressed shipped, unfortunately cannot be expressed shipped, we will indicate so in the product description on our website. Nonetheless, feel free to Contact Us for additional information on why some of our products cannot be crafted faster. For those products that can be expressed shipped we will keep you informed in the process of your order so your nerves for your special event are to a minimum.

 

  1. Product Rental

 

a. Rental Fee

The rental fee (“Rental Fee”) for the Product will be the total of the rental fee, insurance charges and delivery charges listed on the Site for your rental of the Product. When you place your rental order for a Product, you hereby authorize Carla Valcárcel to charge your payment card for the Rental Fee. Carla Valcárcel  will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of a Product on the Site is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize Carla Valcárcel to charge your payment card for an amount equal to 100% of the original retail value of the Product (when new) set forth on the Site (“Retail Value”) plus applicable sales taxes; provided that Carla Valcárcel will only charge your payment card for an amount greater than the Rental Fee as described below. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by Carla Valcárcel, shall be paid by you to Carla Valcárcel in connection with your rental order.


b. Rental Cancelation Policy

You may cancel your rental order subject to the following cancellation fees and policies: 

  1. If you cancel thirty (30) or more days in advance of the delivery date, there is no cancellation fee and you will receive a full refund issued to the payment card you used for the order.
  2. If you cancel less than thirty (30) days but more than fourteen (14) days in advance of the delivery date, you will not receive any refund, but you will receive a full credit to your Carla Valcárcel account for the Rental Fee associated with the cancelled order. This credit can be applied to any future Carla Valcárcel rental.
  3. If you cancel fourteen (14) or fewer days in advance of the delivery date, you will receive a credit to your Carla Valcárcel account for the Rental Fee associated with the cancelled order, minus a cancellation fee of $15.99.

 

c. Rental Return Packaging

With delivery of the Product, Carla Valcárcel will provide you with a pre-paid, pre-addressed Carla Valcárcel carrying case or mailing envelope (as the case may be) as well as instructions for your use in returning the Products to Carla Valcárcel (“Return Packaging”). The Carla Valcárcel carrying case is not yours to keep. If the Carla Valcárcel carrying case is not returned you will be charged a $50 fee.

 

d. Use of the Products

You agree to treat the Products with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage covered by the insurance you paid for with your rental of the applicable Product. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product.

6. Intellectual Property

Carla Valcárcel is committed to the appropriate and legal use of the intellectual property of others, and we require our customers and users to behave similarly. It’s Art after all!  Unless expressed otherwise, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the  Carla ValcarcelSite (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Valcarcel LLC.

Valcarcel LLC is the owner of the Carla Valcárcel  trademark; other trademarks made available through this Site, including logos, slogans, color schemes and design trademarks, are licensed for use by carlavalcarcel.com from Institutions and other third parties (the "Licensed Marks").

Therefore, please keep in mind that you may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part.

7. Privacy Policy

    Personal Accounts:

    Some of the services offered on or through our Site may require you to open an Account (including setting up a Carla Valcárcel customer username and password).

    Our customer is responsible for maintaining the confidentiality of their password and account, if any, and are fully responsible for any and all activities that occur under your password or account. If you suspect your account is being used without your authorization or any breach of security has occurred, please immediately notify Carla Valcárcel and we will immediately shut down such account and give you the guidelines to open a new account.

    In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Carla Valcárcel has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Carla Valcárcel has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You are entirely responsible for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. Additionally, given that we do not have any way of knowing if you have shared your account information with another person, you will also be responsible for any actions made by them through the use of your account. Therefore, we recommend that each user has their own account. Also, we strongly recommend that you exit from your account at the end of each session.

    Given that each account will have an individual profile created to be able to customize each of our client’s needs, we highly encourage our users to refrain from sharing their account information. This individualized profile will provide us with the necessary information to build your dress according to your particular measurements and taste.

    Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

    Use of your information:

    Carla Valcárcel may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with a violation of the terms of use. Carla Valcárcel  also reserves the right at all times to disclose any information that Carla Valcárcel  deems necessary to comply with any applicable law, regulation, legal process or governmental request. Carla Valcárcel also may disclose your information when Carla Valcárcel determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. If none of the scenarios described above are applicable to you, Carla Valcárcel, promises to maintain all of your information secret.

    You acknowledge and agree that Carla Valcárcel may preserve any transmittal or communication by you with Valcarcel LLC through the Site or any service offered on or through the Site, and may also disclose such data under the terms of use and the privacy policy. Please keep in mind that this information will be kept to insure that Carla Valcárcel has given the highest level of service to our customers and that our customers have served Carla Valcárcel with the outmost respect of our hard work and dedication to you.

    You agree that Carla Valcárcel may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine, in our sole discretion, that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. Nonetheless, you may contact Carla Valcárcel if you believe that your access was unjustly blocked, given that in some instances this might occur accidentally. Keep in mind Carla Valcárcel has full discretion to answer your request. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Carla Valcárcel, for which monetary damages would be inadequate, and you consent to Carla Valcárcel obtaining any injunctive or equitable relief that Carla Valcárcel deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Carla Valcárcel may have at law or in equity.

    If Carla Valcárcel does take any legal action against you as a result of your violation of these Terms of Use, Carla Valcárcel will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Carla Valcárcel. You agree that Carla Valcárcel will not be liable to you or to any third party for termination of your access to the Site. Remember your participation in the Carla Valcárcel is completely voluntary, and you may refrain from usage at any given time. This refrain from usage in no way cancels your responsibility of payment of any pending transactions owed to Carla Valcárcel.

    8. Payment Information

    You represent and warrant to Carla Valcárcel that payment information you have provided to Carla Valcárcel is true, accurate and that you are authorized to use the payment method. You will be responsible for all taxes associated with your purchase of Carla Valcárcel products through the Service.

    9. Delivery

    Title and risk of loss for all merchandise ordered by you will pass to you on our delivery to the shipping carrier. As for international orders, Carla Valcárcel is not responsible for any delay, damage, or additional fees, imposed by customs. Therefore, please keep in mind these additional charges prior to your purchase. We will not cancel an order solely for this reason.Carla Valcárcel reserves the right to modify our shipping policy at any time, for any reason.Carla Valcárcel reserves the right to cancel any order for any reason.

     

    1. International Delivery:

    If you order Products from Carla Valcárcel for delivery to a destination outside the United States:

    1. your order may be subject to import duties and taxes which are applied when it reaches the delivery destination. Please note that Carla Valcárcel has no control over these charges and unfortunately,Carla Valcárcel cannot predict their amount. You will be responsible for payment of any such import duties and taxes. For more information on this matter, please contact your local customs office before placing your order. Carla Valcárcel will not be liable or responsible if you do not pay any such import duties or taxes;

     

    1. you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law; and

     

    • if you return any Products to us from a destination outside the US, please ensure that the return parcel is marked clearly with the wording “Return to supplier” or wording having similar effect.

     

    1. Responsibility Limitation

    The Site is provided on an "AS IS," "as available" basis. Carla Valcárcel does not warrant that use of the Site will be uninterrupted or error-free. Carla Valcárcel does not warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or services offered for sale on the Site. Additionally, Carla Valcárcel makes no representation that content provided on the Site is applicable or appropriate for use in locations outside of the United States. Carla Valcárcel specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by Carla Valcárcel or its associates shall create an express or implied warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk. Under no circumstances shall Carla Valcárcel or its associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Carla Valcárcel records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of Carla Valcárcel has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. Although Carla Valcárcel takes the necessary steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer for details. The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you, our customer and user, assume the risk when purchasing products for a commercial or business use or application.

    Carla Valcárcel reserves the right to do any of the following, at any time, without notice:

    1. Modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;

     

    1. Modify or change the Site, or any portion of the Site, and any applicable policies or terms; or

     

    • Interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

     

    1. After Sale Services

    If you have any questions, comments or requests regarding these terms and conditions or our Products should be addressed to info@carlavalcarcel.com

    Also, If you have any complaints these should be addressed in writing to Valcarcel LLC by email to info@carlavalcarcel.com.

    1. Applicable Law

    These terms and conditions and your relationship with Carla Valcárcel shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico, without resort to its conflict of law provisions. You andCarla Valcárcel agree to submit to the personal and exclusive jurisdiction of the courts located within Puerto Rico.  Carla Valcárcel ‘s failure to act with respect to a breach by you or others does not waive Carla Valcárcel ‘s right to act with respect to subsequent or similar breaches. This agreement, together with the Use of Shopify Terms and Conditions constitutes the entire agreement between you and Carla Valcárcel, and supersedes all other communications, written or oral, with regard to the site and services provided by Carla Valcárcel.

     

    Given all that legal jargon necessary to give you the highest level of our services, we hope you enjoy your Valcárcel experience to the fullest.  

     

    We are here for you! Therefore, we make it our mission to abide by our own Terms and Conditions to respond to our client’s needs. After all, Carla Valcárcel wouldn’t be possible without our customers.

    Sincerely,

    Your Carla Valcárcel Team

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