BASZARI is the haute spot for the world’s luxury celebration of global talent offering an unapparelled exclusive and white glove ecommerce experience. Renowned as Latin America’s premier luxury fashion destination; BASZARI is also a pioneer of innovation promoting the best of Latin America, showcasing top emerging and established designers, artists and influencers, as well as, jetsetters. BASZARI Editorial is a digital Magazine offering a shopping experience across mobile, tablet and desktop and serves as an added value to the BASZARI website.
Most of BASZARI orders ship via FedEx, however other shipping methods such as DHL and UPS may be used as well. Please view your shipment confirmation email for carrier information and tracking details. Delivery times do not include Sundays or Federal Holidays.
** Please note that UPS, FedEx and DHL do not ship to P.O. Boxes. **
Orders are processed Monday through Friday (excluding holidays) and are processed pending on availability as well as credit verification. Any orders received on weekdays after 12pm ET, on weekends or holidays will be processed the next business day.
Orders are not shipped on the same day they are placed. Please allow 2-3 business days for orders that come from United States, Europe and Mexico and 3-5 days for orders that come from the rest of Latin America. BASZARI will contact you with a follow-up email.
Once an order is placed, we are unable to make any modifications or cancellations to that order. Although we make every effort to manage the inventory of products for BASZARI, most of our designers produce limited, exclusive and carefully curated products. If an item you have ordered is out of stock or on backorder, you will be notified by a BASZARI representative.
** Please note that we do not take any responsibility for covering the costs related to taxes or duties for international orders.
PLEASE NOTE: Orders shipping to the U.S and totalling to $150 or more will have free shipping. There is a $25 fee for orders shipping to Mexico, and a $45 fee for orders shipping to other international countries.
Orders that fall under the Made-to-Order and/or Pre-Order categories usually take 15-30 days to process. BASZARI will contact you via email when these orders have been confirmed.
You can quickly and easily track the progress of your shipped order via FedEx.
To quickly track the progress of your shipped order via FedEx:
- Find the FedEx tracking number in the shipping confirmation email that was sent to you.
- Clicking on the tracking number should take you to your item’s tracking page on the FedEx website. If clicking on the number doesn’t work automatically, simply visit www.fedex.com and enter your tracking number to track your order’s shipment.
** Please note that some orders may be subject to fraud checks by the BASZARI staff. In cases like this, this means you may be required to provide additional information and identification to verify your transaction(s).
Due do the select nature of our merchandise, we regret that we cannot guarantee the availability of merchandise for exchanges. Please contact firstname.lastname@example.org for questions or assistance with an exchange. We can give a Store Credit.
We understand if things didn't work out with what you ordered and are happy to accept returns of unused merchandise in their original condition and with all original tags attached within 15 days of receiving your order. Products must be returned in their original and undamaged box, as this is considered part of the product.
Please note: All Made to Order items and / or merchandise marked on sale is considered as final sale, non-returnable, and non-exchangeable.
To ensure that your return is adequately protected in transit, we recommend you send your items to us in the original packaging provided. A pre-paid FedEx shipping label is provided for your convenience and no postage is required upfront.
Please note that the price of the return shipping will be deducted from your final refund. Once your return has been received and processed, you will receive an email notification.
All of our merchandise is quality-inspected prior to shipment. If you find a product to be defective, please notify us as soon as possible. Please note that we do not take any responsibility for covering the costs related to shipping, duties, or taxes for international returns.
All returns are processed through our Returns Department: email@example.com
Please note that returns cannot be accepted without a Returns Authorization Number (RMA). A RMA must be requested within 15 days of your order delivery. Any RMA requested after the 15-day period will be evaluated based on the discretion of the Returns Department and may be declined. A RMA is issued solely as a preliminary return management measure. Please note that a RMA does not guarantee that a return will be accepted if the merchandise is found to be damaged, missing original tags, or otherwise not in its original condition. If you are returning an item due to damage or a defect, please include this information upon requesting your RMA. For further questions, comments, or concerns about our Return Policy, please contact: firstname.lastname@example.org
The use of the Website and the purchase of any goods (“Goods” and/or “Products”) from the Website is governed by these terms and conditions (“Conditions”). We reserve the right to modify these terms and conditions without notice to you.
There is no charge imposed by BASZARI LLC. for accessing the Website but you must pay the cost of the communications link you use to visit the website.
Access to the Website may be suspended, restricted or terminated at any time without notice.
- Products and Services for Personal Use
The products and services available on the Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us, without express permission from BASZARI LLC. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
- Contract Information
Goods supplied from the Website are supplied by BASZARI LLC.
The registered address of BASZARI LLC 1425 W 25TH ST. MIAMI BEACH, FL 33140.
Your submission of an order represents an offer to purchase Goods and/or Products indicated by you and it is not binding on us until we have notified you that an order is accepted. All advertisements and communications made by us until we accept your order are invitations to treat only and are not confirmed offers. This means that if Goods or Products are shown on the Website but are unavailable or incorrectly priced or otherwise incorrectly described, BASZARI LLC shall not be obliged to sell you those goods.
- Intellectual Property and Right to Use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by our licensor or us.
You acknowledge and agree that the material and content contained on the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
The BASZARI word mark, logo device and product names are registered trademarks of BASZARI LLC.
- Purchase Related Policies and Procedures
To make a purchase on the Website, you must be 18 years old or the age of majority in your jurisdiction of residence.
Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
- Product Pricing & Information
BASZARI LLC products displayed on the Website are quoted in U.S. dollars, unless otherwise indicated.
The prices may be modified at any time. However, BASZARI LLC applies the price list in force shown on its Internet Website at the time of ordering.
Display price and final check out price may vary according to where you decide to ship your cart. It will also impact currency and sales tax calculations, which might be waived in some instances.
Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
Payment is due upon ordering. No order can be dispatched without confirmation from our bank that your payment has been received. Online payment is accepted exclusively by credit card: Visa, Mastercard, American Express, and Discover.
An invoice showing a breakdown of your purchases will be included with your order.
Online payment uses SSL protocol, which offers maximum security. The information transmitted is entirely coded, is not seen nor stored and is not shared with anyone.
- Merchandise Availability
BASZARI LLC undertakes to accept and deliver orders within the limit of available stocks. In case items are temporarily or permanently unavailable, we will send you an e-mail so that you are informed. You will then have the option of modifying or canceling your order. In case of a cancellation because of the temporary or permanent non-availability of items, we undertake to give you a full refund as quickly as possible. In confirming your order, you are accepting all of our general conditions of sale.
- Fraud prevention
All orders marked as at risk for fraud will be verified by calling and emailing the client. Please be sure to provide us with the right email address and phone number to avoid any delays in the order process.
BASZARI LLC ships free for U.S. orders over $100. All other orders will be charged FREE for shipping.
Once an order is shipped from our studio, a dispatch confirmation email with the tracking information will be sent to the contact email provided.
Delivery times will vary according to the destination and type of delivery. BASZARI LLC cannot be held responsible for any delays in delivery. Delayed delivery will not give rise to any penalty nor indemnity, and cannot be used as reason for cancelling the order.
US and Canada
Please note that all our packages (except samples orders) to US and Canada are shipped via Priority Mail USPS. For this reason, the delivery may take up to a week.
Please also note that tracked deliveries that cannot be delivered because of absent clients will be shipped again at the client’s expense or cancelled. For specific delivery lead times, please contact us with your request before placing your order. You may reach us by e-mail at email@example.com.
Once an order has been placed, the shipping option cannot be modified.
Your order will be shipped to the delivery address you provided.
Please make sure to provide all the details needed including apartment/suite/building number, and the company name if needed.
Orders placed on Friday will be dispatched on Monday.
- Limitation of Liability
While we will use all reasonable means to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of satisforge quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
The fullest extent permissible under applicable law, we disclaim any and all warranties of any kind whether express or implied, in relation to the Goods or Products.
This does not affect your statutory rights as a consumer.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you. We will not be liable, in contract, tort (including without limitation, negligence), pre-contract or other representations (other then fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Conditions for:
- economic loss (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any loss which was not brought to the attention of BASZARI LLC. at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by BASZARI LLC.; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of us arising out of or in connection with the provision of any matter under these Conditions.
Notice in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that or our servants, agents or employees.
- Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, WE DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS, COLORS, INFORMATION OR OTHER CONTENT AVAILABLE ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
The Website may contain typographical errors or inaccuracies and may not be complete or current. Except as may be prohibited by Florida law, we therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability and, except as may be prohibited by Florida law, we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
- Limited Licenses
We grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal, non-commercial use of the Website. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Website or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Website or any and/or all Content (except caching or as necessary to view the Website); (c) make any use of the Website or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Website or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices affixed to or contained in the Website.
We also grant you a limited, revocable, non-transferable and non-exclusive license to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to the Website (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Website or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 14 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
- Your Obligations and Responsibilities
In the access or use of the Website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Website or any Content or services that may appear on this Website and may not impair in any way the integrity or operation of the Website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to O.P. International Inc.
- Your Account
Subject to the age restrictions outlined above, you may view and use many features of the Website without registering, including making purchases, but in order to access and use some parts of the Website, you may need to register an account with us. If you do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Website on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Webite or Content resulting from such access or use.
Except as may be prohibited by Florida law, we reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in O.P. International Inc.’s best interests to do so.
- Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our parents, subsidiaries, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
- Special Features, Functionality and Events
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and that you have the right to grant the foregoing rights to BASZARI LLC. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
- User Content
When you transmit, upload, post, share, distribute, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Website in any manner, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 19 above. This means that all third parties, not BASZARI LLC, are entirely responsible for all User Content that they post to the Website. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Website User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary or privacy rights of any party. In addition, you agree not to transmit, upload, post, e-mail, install, or otherwise make available any computer program or destructive software such as viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, provincial, national or international law; (v) harvest, collect, gather, assemble or store personally identifiable data about other users, including e-mail addresses; or (vi) attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means.
We do not endorse or control the User Content transmitted or posted on the Website and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Website. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
- Deletion of User Content
If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Website or in connection with our mobile applications, please contact us by email at firstname.lastname@example.org and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.
- Representations and Warranties; Limitation of Liability
THE LAWS OF FLORIDA MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES, LIMITATIONS OF LIABILITY OR CERTAIN DAMAGES, OR LIMITATIONS ON THE ABILITY TO BRING CLAIMS OR LEGAL ACTIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
THE WEBSITE AND ITS CONTENT AND SERVICES ARE PRESENTED “AS IS.” NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE WEBSITE TERMS AND CONDITIONS OR THE WEBSITE OR ITS CONTENTS OR SERVICES.
YOU AGREE THAT NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD $100.00) OR ITS EQUIVALENT IN CANADIAN DOLLARS.
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE WEBSITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising from (i) your use of the Sites or the Website Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute, claim, or controversy regarding the Website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Florida, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Florida. ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, THESE WEBSITE TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF O.P. INTERNATIONAL INC. OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN FLORIDA AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- Consent to Receive Notices Electronically by Posting on the Website and Via Email
Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms and Conditions or to the services offered by the Website, by posting notices or links to such notices on the Website itself. If you have any questions or comments regarding these Terms and Conditions please contact us at [email@example.com].
You acknowledge and agree that these Terms and Conditions and any and all other legal notices or statements posted on the Website constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change or modify all or part of these Terms and Conditions at any time by posting the changes on the Website and providing notice of such change. Except as may be prohibited by Florida law, any changes are effective immediately upon posting to the Website and release of notice of such change. Your continued use of the Website thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website. We also reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by use shall be construed as a waiver of any preceding or succeeding breach of any provision.
- Entire Agreement
These conditions (as amended and altered from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral between You and BASZARI LLC in relation to such matters. You confirm that You have read these Conditions and You fully understand them and You also agree that these conditions are the only terms (together with Your network provider agreement) that rule Your relationship with us.
- Applicable Law