Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Welcome to Vitaly! The services on this site are offered to you by VITALY DESIGN Ltd., registered owner of the Vitaly trademark. For the rest of this text, Vitaly will be used, but it is understood that Vitaly is a part of VITALY DESIGN Ltd. When you use Vitaly ("WWW.VITALYDESIGN.COM", "WWW.VITALYDESIGN.CA", "WWW.VITALYDESIGN.EU" "we", "our", "us") you understand that you are subject to the following conditions. All users of this site agree that access to and use of this site are subject to the following Terms and Conditions of Use and other applicable law. If you visit or shop at WWW.VITALYDESIGN.COM, you accept and agree to abide by these Terms and Conditions of Use. Please read them carefully. Before placing an order, if you have any queries relating to these Terms and Conditions of Use, please email our customer service team at info@vitalydesign.com.
BY USING THE WWW.VITALYDESIGN.COM SITE AND THE SERVICES OFFERED THROUGH IT, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND ALL RELATED POLICIES, CONDITIONS, AND GUIDELINES. IF YOU DO NOT AGREE WITH ANY OF THESE CONDITIONS OF USE, YOU MAY NOT USE THE WWW.VITALYDESIGN.COM SITE.
Privacy
Please review our Privacy Policy, which also governs your visit to the WWW.VITALYDESIGN.COM site and forms part of these Terms and Conditions of Use, in order to understand our practices.
Electronic Communications and Notice
When you visit WWW.VITALYDESIGN.COM or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the WWW.VITALYDESIGN.COM site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Canadian and other international copyright laws, and is the property of WWW.VITALYDESIGN.COM. The collective work includes works that are licensed to WWW.VITALYDESIGN.COM. Copyright 2010-2018 WWW.VITALYDESIGN.COM, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with WWW.VITALYDESIGN.COM or purchasing WWW.VITALYDESIGN.COM products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with WWW.VITALYDESIGN.COM or to purchase WWW.VITALYDESIGN.COM products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by WWW.VITALYDESIGN.COM. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
Vitalydesign.com, Vitaly, and other marks indicated on our site are trademarks or registered trademarks of VITALY DESIGN Ltd. in Canada and other countries. Vitaly graphics, logos, page headers, button icons, scripts, and service names are trademarks of VITALY DESIGN Ltd. VITALY DESIGN Ltd.’s trademarks may not be used in connection with any product or service that is not VITALY DESIGN Ltd.’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VITALY DESIGN Ltd. All other trademarks not owned by VITALY DESIGN Ltd. or its affiliates that appear on the WWW.VITALYDESIGN.COM site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VITALY DESIGN Ltd.
License and Site Access
Vitaly grants you a limited license to access and make personal use of the WWW.VITALYDESIGN.COM site, and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Vitaly. This license does not include any resale, commercial or counterfeit use of the WWW.VITALYDESIGN.COM site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the WWW.VITALYDESIGN.COM site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools.
The WWW.VITALYDESIGN.COM site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any or other commercial purpose without the express written consent of Vitaly. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Vitaly without express written consent. You may not use any meta tags or any other "hidden text" utilizing Vitaly’s name or trademarks without the express written consent of Vitaly. Any unauthorized use terminates the permission or license granted by Vitaly. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the WWW.VITALYDESIGN.COM home page, so long as the link does not portray Vitaly or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Vitaly logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Account
If you use the WWW.VITALYDESIGN.COM site, you are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Vitaly reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
International Site Access
This site, WWW.VITALYDESIGN.COM, can be accessed from countries other than the United States and Canada. Vitaly may offer products or references to products that are not available outside of the United States and Canada. Any such products or references to products do not imply that such products will be made available outside the United States and Canada. If you access and use WWW.VITALYDESIGN.COM outside the United States and Canada you are responsible for complying with your local laws and regulations.
Illegal Usage Prohibited
You shall not use Vitaly’s Website or materials to past, transmit, upload, distribute or publish any content that is libelous, seditious, defamatory, blasphemous, fraudulent, invasive of another’s privacy, tortuous, obscene, pornographic, abusive, infringing or otherwise illegal, as determined in the sole discretion of Vitaly. You agree to comply with all applicable local, provincial, federal and international laws, regulations and treaties while using this site. In addition, while using the website in accordance with these Terms and Conditions of Use as modified from time to time, you agree to comply with generally accepted internet standards and shall refrain from any abusive use of this site.
Risk of Loss
All items purchased from Vitaly are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
Product Descriptions
Vitaly has made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.
All sizes and measurements are approximate, however we do make every effort to ensure they are as accurate as possible. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where product information has been incorrectly published, including prices and promotions.
Vitaly attempts to be as accurate as possible. However, Vitaly does not warrant that product descriptions or other content of the WWW.VITALYDESIGN.COM site are accurate, complete, reliable, current, or error-free. If a product offered by WWW.VITALYDESIGN.COM is not as described, please contact our customer service department at info@vitalydesign.com.
Disclaimer
If you are not sure about the legality of any item for sale on the WWW.VITALYDESIGN.COM site, you MUST contact your local Police Department or District Attorney’s Office and ask them if you can carry or own such items in your jurisdiction or state. You can use the phone book or the operator and call them. Vitaly’s items are not to be used as weapons or to cause bodily harm or damage to personal property in any way. They are fashion items and jewelry. It is YOUR responsibility to know the law before you order. It is the responsibility of the buyer, NOT THE SELLER, to ascertain, and obey, all applicable local, state, federal and international laws in regard to the possession and use of any item on this site- we cannot possibly keep track of over 40,000 weapons control laws. WWW.VITALYDESIGN.COM will not be held liable for the misuse of any product listed on this website. For international orders, please check with your local county and country officials or law enforcement to see if legal in your area, it is YOUR RESPONSIBILY TO KNOW YOUR LAWS BEFORE ORDERING. By purchasing any item from WWW.VITALYDESIGN.COM - the buyer warrants compliance with all local, state, federal and international law, and that the buyer is legally able to purchase such items from our website or catalog. If you are under 18, you may use WWW.VITALYDESIGN.COM and purchase our products only with involvement of a parent or guardian. Before placing an order on the WWW.VITALYDESIGN.COM site, you must agree to this term. WWW.VITALYDESIGN.COM disclaims any and all liability related to improper, illegal, unintended use or modification of items sold through our website or catalog. THE PURCHASER, USER OR PARTICIPANT ASSUMES ALL RISK OF INJURY FROM ANY USE.
Warranty Disclaimer and Limitation of Liability
THE WWW.VITALYDESIGN.COM SITE IS PROVIDED BY VITALY DESIGN LTD. ON AN "AS IS" AND "AS AVAILABLE" BASIS. Vitaly MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VITALY DESIGN Ltd., DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Vitaly DOES NOT WARRANT THAT THE WWW.VITALYDESIGN.COM SITE, ITS SERVERS, OR E-MAIL SENT FROM VITALYDESIGN.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Vitaly, ITS PARTNERS, AFFILIATES AND SUPPLIERS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WWW.VITALYDESIGN.COM SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE (INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES RESULTING FROMLOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), AND CONSEQUENTIAL DAMAGES.
THE LAWS OF CERTAIN JURISDICTIONS 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 MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Typographical Errors
In the event that a WWW.VITALYDESIGN.COM product is mistakenly listed at an incorrect price, WWW.VITALYDESIGN.COM reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. WWW.VITALYDESIGN.COM reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, WWW.VITALYDESIGN.COM shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These Terms and Conditions of Use are applicable to you upon your accessing the site and/or completing the registration or shopping process. These Terms and Conditions of Use, or any part of them, may be terminated by WWW.VITALYDESIGN.COM without notice at any time, for any reason. You agree that Vitaly shall not be liable to you or to any person as a result of any such suspension or termination. The provisions relating to Copyrights, Trademark, Disclaimer, Warranty Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. If you are unsatisfied with any of these Terms and Conditions of Use, please discontinue using WWW.VITALYDESIGN.COM.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the province of Ontario and the laws of Canada, without regard to principles of conflict of laws, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site and these Terms and Conditions of Use (including but not limited to the purchase of WWW.VITALYDESIGN.COM products) shall be in the provincial or federal courts located in Toronto, ON. You agree that jurisdiction and venue in such courts is appropriate and you agree to submit to the jurisdiction of such courts. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of WWW.VITALYDESIGN.COM products) must be commenced within one (1) year after the claim or cause of action arises. WWW.VITALYDESIGN.COM's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions of Use. Vitaly will not be considered to have waived any of its rights or remedies described in these Terms and Conditions of Use unless the waiver is in writing and signed by Vitaly. WWW.VITALYDESIGN.COM may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a WWW.VITALYDESIGN.COM or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer and Other Content
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Vitaly reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Vitaly a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Vitaly the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Vitaly for all claims resulting from content you supply. Vitaly has the right but not the obligation to monitor and edit or remove any activity or content. Vitaly takes no responsibility and assumes no liability for any content posted by you or any third party.
Copyright Complaints
Vitaly respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately at info@vitalydesign.com.
Indemnification
You shall indemnify and forever save harmless Vitaly, its partners, affiliates, parent company, and suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities (including legal fees) which may be incurred by reason of or in connection with your use of this site.
Third-Party Links
In an attempt to provide increased value to our visitors, www.vitalydesign.com may link to sites operated by third parties. However, even if the third party is affiliated with WWW.VITALYDESIGN.COM, WWW.VITALYDESIGN.COM has no control over these linked sites, all of which have separate privacy and data collection practices, independent of WWW.VITALYDESIGN.COM. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, WWW.VITALYDESIGN.COM seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
SMS Terms
In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/
P2P SMS Terms and Conditions
- Consent to Receive Messages. By opting-in to Vitaly’s messaging program called "Vitaly", you consent to receiving marketing text messages (e.g. cart reminders from information collected via cookies) at the telephone number, including Short Message Service (SMS) messages. Vitaly has full control of its messaging program and reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages.
- No Condition for Purchase or Services. Your decision to opt in to Vitaly’s messaging program is not a condition of purchasing any good or service.
- Vitaly’s Terms of Use and Privacy Policy. By opting in, you accept and agree to be bound by Vitaly’s privacy policy and terms of use, and you consent to the processing of your information as set forth in those policies.
- Contact. If you have questions or comments, please reach out to Vitaly at dexter@vitalydesign.com .
Messaging Information.
- Opt-In. To opt in, you may:
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Enter your mobile phone number on a website form, you will then receive a text from +19012033783 where you may choose to opt-in to marketing messages. Message frequency varies.
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Rates. Carrier message and data rates may apply. Please consult your mobile service carrier's pricing plan to determine the charges for sending and receiving text messages.
- Opt-Out. To opt out, text "STOP", “UNSUBSCRIBE” to +19012033783. This is the only method for opt out. After opting out you will receive one additional message confirming that your request has been processed.
- Help. For help, text "HELP" to +19012033783.
Other.
- Carriers are not liable for delayed or undelivered messages.
Refer a Friend Terms
In addition, you agree to our Refer-a-Friend Terms (https://www.vitalydesign.com/pages/refer-a-friend-terms).
Revision of Terms
Vitaly may revise these Terms and Conditions of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms and Conditions of Use because they are binding on you and your continued use of this site signifies your acceptance of these revised Terms and Conditions of Use. Certain provisions of these Terms and Conditions of Use may be superseded by expressly designated legal notices or terms located on particular pages of this site.
Entire Agreement
These Terms and Conditions of Use together with Vitaly’s privacy policy, warranty policy, return and exchange policy, warranty and exchanges policy, shipping policy and constitute the complete and entire agreement between you and Vitaly pertaining to the use of this site and supersede any prior agreements, whether written or oral.
%0ASite Policies, Modification and Severability
%0APlease review our other policies, such as our privacy policy, posted on the WWW.VITALYDESIGN.COM site. These policies also govern your visit to the WWW.VITALYDESIGN.COM site. We reserve the right to make changes to our site, policies, and these Terms and Conditions of Use at any time. Any changes or revisions will be effective immediately upon their posting on the WWW.VITALYDESIGN.COM site. Your use of the WWW.VITALYDESIGN.COM site will be subject to the version of Terms and Conditions of Use posted on this site at the time of such use. Accordingly, you are advised to review the Terms and Conditions of Use prior to using the WWW.VITALYDESIGN.COM site.
YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY CHANGES OR REVISIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR REVISIONS. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE CONDITIONS OF USE, YOU MAY NOT USE THE WWW.VITALYDESIGN.COM AND ARE TO DISCONTINUE USE OF THE SITE IMMEDIATELY. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.