Riviera Shades operates and provides services through www.rivierashades.com (the “Site”). We’ll go by “Riviera Shades,” “we,” or “us” to keep it simple.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND RIVIERA SHADES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW SECTION 17 (“DISPUTE RESOLUTION AND ARBITRATION”) FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH RIVIERA SHADES.
Riviera Shades reserve the right to update and revise these Terms at any time upon 7 days’ notice. Please review these Terms regularly because 7 days after we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.
We only permit individuals who are at least 18 years old and can form legally binding contracts to use the Services. However, even non-adults deserve fantastic eyewear. You can use the Services if you are under 18, but only if you are at least 13 years old and only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult will be the user and is responsible for any and all activity. If you are younger than 13 years old, you may not use the Services (although your parents can still buy glasses for you.
Your use of the Services means you represent and warrant that you meet all eligibility requirements we outlined in these Terms. However, we may refuse to let certain people access or use the Services. We may also change our eligibility criteria.
We offer the Services only for personal, non-commercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child).
4. Your Account
You may be able to navigate some of the Services without creating a user account (”Account”), but certain Services (like the reward program) will require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account or through your personal device in connection with the Services. Similarly, for any Services that you are able to access without creating an Account, you are solely responsible for any activity that occurs through your personal device in connection with the Services. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.
You should not, however, share your Account information. And you shouldn’t use another person’s Account or registration information for the Services without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.
You can always delete the personal information from your Account by emailing us at firstname.lastname@example.org.
5. Getting Your Riviera Shades Eyewear
a. Selecting Your Frames. Riviera Shades sells sunglasses with non-prescription lenses. To learn more about the lenses we offer, you can visit the Lenses section HERE. To order frames, select your desired frame and click the “Add to Cart” button to add it to your order.
a. Delivery Information. We’ll need your name, address, and telephone number to complete your order and send you your Riviera Shades purchase. For information about shipping and delivery, check out the Orders section of our Help page.
b. Payment Information. After you have made your eyewear selections and provided your shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift cards you may have. By entering your payment information and submitting your order, you authorize us and our third-party payment processors to charge the amount of the order to your selected payment method.
c. Checking Order Status. We know how exciting it can be to get a delivery, so once your eyewear is on its way to you, we’ll send you an email confirmation with tracking information. Feel free to email us at email@example.com, or contact us via Twitter @Rivierashades if you would like to check the status of your order, or if you just want to chat about how excited you are about your new glasses.
d. Changing or Cancelling an Order. Our team works hard to process orders quickly so that you don’t have to wait. However, this means that although we will try our best to accommodate order modifications, we cannot guarantee them. To learn how to change or cancel an order, visit the Orders section of our Help page.
e. Risk of Loss. The risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as FedEx, UPS, or USPS).
f. Returns, Exchanges, and Lens Replacements. For more information about returns and exchanges and replacing your lenses, check out the Orders section of our Help page.
g. Warranty. For information on how to apply your insurance to your purchase, click here.
h. Purchase Limits. We want to give all of our customers an opportunity to buy our glasses. Therefore, we do not authorize the purchase of commercial quantities of glasses, and we may place limits on purchases. We may also, among other things, restrict orders placed by or under the same customer account or the same credit card, or orders that use the same billing or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed with an intent to resell or distribute our products. We further reserve the right to stop doing business with customers who violate this policy or any other part of our Terms.
i. Language. Presently, our order process only supports the English language.
7. Communicating with Riviera Shades
a. Text Messages. By opting-in to receive text messages from us or by sending us an initial text message, you agree to receive text messages (a.k.a. SMS messages) from Riviera Shades, some of which may be considered marketing and may be sent using an autodialer. You also represent that you are the owner or authorized user of the mobile device you use to subscribe for the mobile service and that you are authorized to approve the applicable charges. You’ll be responsible for all messaging and data charges that may apply.
For additional help, you can contact us at firstname.lastname@example.org. You can make a purchase without agreeing to receive texts from us.
b. Security. We take your privacy very seriously, but the transmission of data over the Internet and mobile networks isn’t always 100% secure. Text messages and emails you send to or receive from Riviera Shades are not encrypted, which means that they’re vulnerable to interception by third parties. If you choose to communicate financial information or any other sensitive information by text or email, you do so at your own risk.
8. Intellectual Property
All of the content that appears on the Services, including all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Services, and other materials, are the exclusive property of Riviera Shades or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Site, the App, and the Services are proprietary to Riviera Shades, or the respective owners of such “Marks.” You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
If you would like to request authorization to use the materials or content on the Services, please contact us at email@example.com.
9. Right to Use the Services
You have the right to access and use the Services solely for your personal, non-commercial use. This right will allow you to use and enjoy the benefit of the Services as we provide them through these Terms.
If you are prohibited under applicable law from using the Services, you may not use them.
10. Restrictions on Your Use of the Services
Just so we’re clear, however, these rights do not allow you to do any of the following:
- Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services.
- Take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure.
- Resell or make any commercial use of the Services or any of the Service content.
- Modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the Service content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser.
- Copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of the Service content, including any Marks, in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise.
- Use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to “crawl” or “spider” any page of the Services or to collect any information from the Services or any user of the Services.
- Harvest or scrape any content from the Services, or using other automated or manual means to take our content without our prior consent.
- Bypass, circumvent, or attempt to bypass or circumvent any feature of the Services or any measures we may use to prevent or restrict access to the Services, including other accounts, computer systems or networks connected to the Services.
- Run any form of auto-responder or “spam” on the Services.
a. User Content You may see areas on the Services where you can post information or communicate with other users or us. These areas may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, newsgroups, postings sections or similar communications facilities.
“User Content” is any public communications or any other material you submit, distribute, transmit, or post to Riviera Shades (through the Services; through our pages on third-party sites, such as Instagram, Twitter, and Facebook; or through activities in our stores). You will keep all ownership of and license rights in your User Content although, by providing content to us, you may grant us a license to use it, as we’ll discuss here.
When you submit, distribute, transmit, or post User Content, you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for Riviera Shades to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, fully paid, and royalty-free, and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products. Be assured you have our thanks. Lots of it.
In addition to giving Riviera Shades a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.
If you share something with us, you keep ownership of it and can continue to do anything you want with it, but you allow us and our other users to use your User Content as we see fit. If you don’t agree to these conditions, then please don’t provide the materials to us.
b. Representations about Your User Content
When you submit User Content, you represent and warrant that:
- You hold all necessary right, title, and license to such.
- Your submission of such materials to Riviera Shades does not and, when used by Riviera Shades as authorized under these Terms, will not violate or infringe the rights of any third parties, including any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
- All User Content you provide is accurate, complete, up-to-date, and not misleading. In addition, any User Content must not:
- Include any profanity or obscene, indecent, or pornographic material.
- Contain any unauthorized or unsolicited advertising, such as spam (no one likes spam).
- Contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party.
- Impersonate any person or entity.
- Include anyone’s identification documents or sensitive financial information.
Private vs. Non-private Content
A Note about Third-Party Content and User Content
You may see a lot of content on the Services. Some of this content will come from other users or sources outside of Riviera Shades. All content, including User Content and third-party content, is the responsibility of the party that creates it. Riviera Shades does not control or endorse any User Content or third-party content, and we make no claims or representations regarding any content we do not create. We may provide links to third-party sites or resources, but these links do not mean we endorse or have any associations with the third parties. If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk.
We may review content on the Services, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you.
We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Services. Riviera Shades will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Services, regardless of whether Riviera Shades or another party provides it.
12. Copyright Policy
Just as we ask you to respect our intellectual property rights, we respect your rights and the rights of others, and we expect all our users to do the same. If we believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights. If you believe someone has posted on the Services a work that you own without your authorization, let us know. Please send a notice of copyright infringement containing the following information to our Designated Agent (whose contact information is below):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
- Identification of works or materials being infringed.
- Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence.
- Your contact information, including address, telephone number and, if available, e-mail address.
- A statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law.
- A statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.
Please contact the Designated Agent to receive notice of claimed infringement by calling emailing firstname.lastname@example.org.
13. WARRANTY DISCLAIMER
a. You understand and agree that we have no control over, and no duty to take any action regarding:
- Which users access the Services.
- What content you access via the Services.
- What effects the content may have on you.
- How you may interpret or use the content.
- What actions you may take as a result of your exposure to the content.
b. The Services may contain or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and, to the fullest extent permitted by law, we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.
(Sorry about this, but the below gets a little dense. All-caps doesn’t mean we’re yelling; our lawyers told us to do it.)
c. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RIVIERA SHADES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY RIVIERA SHADES OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, RIVIERA SHADES DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
14. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RIVIERA SHADES OR ANYONE REPRESENTING RIVIERA SHADES BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR RIVIERA SHADES’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RIVIERA SHADES WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We reserve the right to terminate your license to use the Services or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.
16. Governing Law
No matter where you’re located, the laws of the State of Illinois will govern these Terms and the relationship between you and Riviera Shades as if you signed or otherwise agreed to these Terms in Illinois, without regard to Illinois’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. If a lawsuit or court proceeding is permitted under these Terms, then the parties agree to submit to the federal or state courts in Illinois for exclusive jurisdiction for the purpose of litigating any dispute arising out of or related to your use of the Services or your breach of these Terms.
17. Dispute Resolution and Arbitration
a. Generally. In the interest of resolving disputes between you and Riviera Shades most expediently and cost-effectively, you and Riviera Shades agree that every dispute arising out of or in connection with these Terms or your use of the Services will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court and may be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND RIVIERA SHADES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
b. Exceptions. Despite the provisions of Section 17(a) nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
c. Arbitrator. Any arbitration between you and Riviera Shades will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Riviera Shades. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Riviera Shades may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Riviera Shades must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award if any. If the dispute is finally resolved through arbitration in your favor, we will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Riviera Shades in settlement of the dispute before the arbitrator’s award.
e. Fees. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Illinois, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards outlined in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Riviera Shades for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of how the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
f. No Class Actions. YOU AND RIVIERA SHADES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Riviera Shades agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
g. Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to our address for Notice, you may reject the change by sending us written notice to our address for Notice within 30 days of the change, in which case your account with Riviera Shades will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
h. Enforceability. If Section 17(f) is found to be unenforceable or if the entirety of this Section 17(f) is found to be unenforceable, then the entirety of this Section 17 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 17 will govern any action arising out of or related to these Terms.
If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms. NOTHING IN THESE TERMS WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
19. Consent to Electronic Communications
20. Entire Agreement
These Terms constitute the entire agreement between you and Riviera Shades and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, with respect to these Services. Any rights not expressly granted herein are reserved.
We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including mechanical, electronic or communications failure or degradation.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without your consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.
Pre-Order Terms and Conditions
These Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-orders ("Pre-Order") with Riviera Shades (“we”, “us”, or “Riviera Shades”) for our storage products and other accessories ("Products"). Please read these Terms carefully before submitting your Pre-Order of any Riviera Shades Products. By submitting your Pre-Order, you agree to be legally bound by these terms.
Also, the Riviera Shades Warranty Policy applies, which are now incorporated by reference, including the following provisions:
- The Product is covered by a limited warranty, as specified in our Warranty Policies.
- When Riviera Shades hands the Product for delivery on to the carrier, risk of loss of the Product passes on to you.
- In cases there are any export controls, you agree to comply.
- You are responsible for paying for all applicable import duties, taxes, sales taxes (VAT) and other charges. For orders placed by and delivered to customers inside the European Union, sales tax (VAT) is included in the pre-order price and handled by Riviera Shades.
- You indemnify Riviera Shades for claims arising from your use of the Product
- Riviera Shades reserves all rights and ownership in all Riviera Shades intellectual property and related rights.
1. Pre-Order Reservation
When placing a Pre-Order for Riviera Shades Products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Riviera Shades shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to email@example.com.
You acknowledge and agree that Riviera Shades may decline or delay reservations to avoid oversubscription or as it deems appropriate, provided that we will make efforts to inform you within two (2) weeks of our receipt of your Pre-Order, and that you will be entitled to a full refund of the purchase Price.
You will be charged the full Price of the Products at the time of placing the Pre-Order. If Riviera Shades is unable to commence shipping of the Pre-Order, Riviera Shades shall process a full refund to you. Your placing of a pre¬order constitutes your express agreement to Riviera Shades of charging the full Price of the Products at such time.
Methods of payment accepted are: Credit Card Payment (Visa, Visa Electron, MasterCard) The purchase price does not include import duties, taxes, transfer fees, and other governmental charges, which are Buyer’s responsibility.
Riviera Shades will build Products according to the order in which the Pre-Order is received. This position does not imply receiving a particular number associated with your Products. If you cancel or forfeit your reservation in accordance with the terms of this Agreement, your position will be taken by the next person on the Product reservation list. Notwithstanding the foregoing, you acknowledge and agree that we may need to build and use Products for a variety of purposes, such as in-house and third-party testing, evaluation, and display prior to fulfilling Product reservations. Furthermore, we may in our discretion prior to fulfilling Product reservations offer for sale to the public (for instance, by auctioning off) a limited number of Products. Please consult our website or our newsletter for more information about such events.
4. Delivery Schedule
Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and Riviera Shades does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, Riviera Shades is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodical updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your reservation as provided for in Section 6 below.
The purchase price ("Price") does not include taxes and other government charges, which are your responsibility. If the Price drops after you have pre-ordered, we will refund you the difference. If the Price goes up, your order is secure at the low Price. To claim a refund for the difference, email us at firstname.lastname@example.org.
You or Riviera Shades may cancel this reservation by terminating the Pre-Order at any time for any or no reason prior to our notice to you that your Product is ready for delivery. If you do so prior to our notice of delivery, you will obtain a refund of the purchase Price without interest. If Riviera Shades cancels your reservation you will receive a full refund of the purchase Price without interest (and you will not pay any processing fee).
After your cancellation is confirmed, Riviera Shades will also cancel any and all offers provided to you through the pre-orders.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL RIVIERA SHADES BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT RIVIERA SHADES IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR PURCHASE PRICE WITHOUT INTEREST.
8. Terms and Conditions of Sale
The purchase of the Products is subject to additional terms and conditions provided by Riviera Shades, including in respect of any software included in the Products or intellectual property embodied in the Products or data collected by the Products. The current Terms and Conditions of Sale can be found in the footer of the checkout page and are subject to change without notice. Your purchase of the Product will be subject to these terms and conditions and the refund policy.
9. Age and Residency
You must be at least 18 years of age to pre-order a Product. By agreeing to these Purchase Offer Terms, you represent and warrant to us that you are at least 18 years old. If you are pre-ordering a Product on behalf of a company, entity or organization, you represent and warrant that you have the authority to bind that organization to these Pre-Order Terms and Conditions and you agree to be bound by these Pre-Order Terms and Conditions on behalf of that organization.
10. Customer Information
RIVIERA SHADES DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE PRODUCT DISPLAYED BY RIVIERA SHADES WHETHER BEFORE OR AFTER YOU HAVE PLACED THE PRE-ORDER. YOU UNDERSTAND AND AGREE THAT THE PRODUCT, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER DEVELOPMENT AND THAT THE PRODUCT THAT MAY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY DIFFERENTLY FROM THE PROTOTYPE PRODUCT. IF FOR ANY REASON YOU ARE UNHAPPY WITH THE FINAL VERSION OF THE PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO CANCEL YOUR PRE-ORDER AS DESCRIBED IN SECTION 6 ABOVE.
12. Changes to the Terms
Riviera Shades reserves the right to change any of the terms for any or no reason. We will provide notice of any changes to the product and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your reservation as described in Section 6 above.