Terms and Conditions

Terms and Conditions of Use
(Effective March 01, 2015)

This website, www.smirandahandbags.com, is operated by S Miranda Handbags (the “Company”).  Throughout the site, the terms “we,” “us,” and “our” refer to the Company.  The Company offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.  These Terms and Conditions of Use (the “Terms”) apply to all users of the site including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

These Terms are entered into by and between you and the Company. Please read these Terms carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.  If these Terms are considered an offer, acceptance is expressly limited to these Terms.  Your access to and use of the Company Services is subject to these Terms, as well as any modifications to them issued by the Company and all applicable laws.  BY USING THE COMPANY SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS AND OTHER APPLICABLE POLICIES. If you do not want to be bound by these Terms or policies, do not use the Company Services.

Among other things, the Company Services provide information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by the Company Services in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within or feature offered by the Company Services contains specific terms and conditions concerning its use (“Specific Terms”), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall govern.

In consideration of your use of and access to this Internet site and the Company’s ordering services (the “Company Services”), and the promises and obligations herein, and intending to be legally bound, you and the Company hereby agree as follows:

1. Changes to Terms

Any new features or tools which are added to the current website shall also be subject to these Terms. The Company shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Company Services.   You can review the most current version of the Terms at any time on this page.  You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder.  Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting the revised or additional terms and conditions on the Company Services. You agree that you shall be deemed to be apprised of and bound by any modification by the Company to these Terms.  ANY ACCESS OR USE OF THE COMPANY SERVICES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Company shall be valid or enforceable against Company unless expressly agreed to by Company in a writing signed by a duly authorized officer of Company.

2. Termination

These Terms are effective unless and until terminated by the Company, who may terminate these Terms without notice and at any time in connection with any of the Company Services.  In the event of termination, you are no longer authorized to access those Company Services, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.  If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

3. Governing Law

The parties agree that this Agreement, any sales thereunder, or any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, and equitable claims) between you and the Company arising from or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement, the Company’s advertising, or the Company’s website, shall be governed by the laws of the State of California, without regard to conflicts of laws rules.  Any actions, regardless of form, arising out of your transaction with the Company or any products purchased must be brought within the applicable statutory period, but in no event more than one year from the date of purchase.

4. Content

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by Company on or through the Company Services, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content.”

The Content may contain errors, omissions, or typographical errors or may be out of date. Company may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Company in any way except to the extent it is specifically indicated to be so.

Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Company or by third parties that have licensed their use to Company. You may view and use the Content only for your personal information and for shopping and ordering on or through the Company Services, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Company does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Company Services, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Company, is strictly prohibited.

5. Linked Third Party Sites

Links to other Internet sites operated by third parties, including the Company’s vendors, do not constitute sponsorship, endorsement, or approval by the Company of the content, policies, or practices of such linked sites.  Linked sites are not operated, controlled, or maintained by the Company, and the Company is not responsible for the availability, content, security, policies, or practices of linked sites including, without limitation, privacy policies and practices.  Links to other sites are provided for your convenience only, and you access them at your own risk.

6. Prices

All prices displayed in the Company Services are quoted in U.S. dollars. Company may, in its discretion, restrict delivery to addresses within the United States. Company will add shipping and handling fees and applicable sales/use tax. Products and services offered on this site are available while supplies last.

7. Orders

The receipt by you of an order confirmation does not constitute Company’s acceptance of an order. Prior to Company’s acceptance of an order, verification of information and approval of the order may be required. Company reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Company, for any reason. Company reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

8. Disclaimer and Limitation of liability as to the Company’s Website and Content

The Company makes no warranties or representations whatsoever with respect to the Company Services or any linked site or its content, including the availability of any site or the content, information, and materials contained therein or the accuracy, completeness, or timeliness of that content, information, and materials.  The Company also does not guarantee, represent, or warrant that your use of the Company Services or any linked site will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Company Services or any linked site is free of computer viruses or other harmful components.  Without limiting the foregoing, all content provided on or through the Company Services is provided to users “as is,” with no warranty of any kind, either express or implied including, without limitation, implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, or accuracy.  The “as is” condition of content is expressly made a condition of any transaction arising through or as a result of the Company Services.  Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.  Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.  Under no circumstances shall the Company or its directors, officers, employees, or agents be liable to you or to any third party for any indirect, consequential, incidental, special, or punitive damages including, without limitations, lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from access to or use of or inability to access or use any of the Company Services or any linked site or its contents.

9. Orders Not Fulfilled

Occasionally, we may have just sold an item which you ordered, and have not had time to take it off our site. We apologize for any disappointment, but we will reach you to see if you would like a substitution or just a cancellation.  Additionally, we reserve the right to not fulfill any order of an item listed in error.

10. Shipping Policy

All orders will be shipped via UPS and include a tracking number and insurance.  This information will be emailed to the customer upon shipping.  Please allow up to two business days for processing before your order will ship.  Each package is fully insured and includes delivery confirmation.

11. Return Policy

The Company accepts returns and/or exchanges on all full-priced orders within five business days from the date the merchandise is delivered.  The merchandise must be returned in the exact condition in which it was shipped in order to receive a full refund.  Shipping charges for returns/exchanges are not credited unless there is a defect in the merchandise. If you wish to return an item or cancel your order, please email smirandahandbags@gmail.com.  For your protection, please pack your returns in the original box, return your order with an insured courier (e.g., FedEx, UPS) and retain your receipt.  The Company is not responsible for items damaged or lost in transit.  Please include a note with your name and invoice number.

A few select pieces may not be returnable; if that is the case we will let you know BEFORE we process your order, giving you the option to cancel the order.

*Personalized items and special orders cannot be returned.*

If you have any questions, please contact Customer Care at (855) 468-8683 or email us at smirandahandbags@gmail.com.

12. Privacy Policies

All information obtained through the Company’s website will only be used by the Company.  Under no circumstances will this information be sold or shared with outside sources.

13. Disclaimer and Limitation of Liability as to Products and Services

The Company makes no representation or warranty with respect to any product or service sold.  Except as expressly stated herein, the Company expressly disclaims all other warranties, express or implied, of any kind.  Please note that some jurisdictions may not allow the exclusion of implied warranties, some of the above exclusions may not apply to you, check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.  Under no circumstances shall the Company or its directors, officers, employees, or agents be liable to you or to any third party for any indirect, consequential, incidental, special, or punitive damages including, without limitations, lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided through the Company Services, even if the Company is expressly advised of the possibility of such damages.  In no event shall the Company’s liability exceed the price you paid for the product or service that is the subject of the claim.

14. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its vendors, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any claims, losses, damages, liabilities, demands, and costs, including reasonable attorneys’ fees and court costs, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your access to or use of the Company Services, or your violation of any law or the rights of a third-party.

15. Submissions

Except as otherwise expressly provided herein or in Company’s separately posted Privacy Statement, any communication or material you transmit to Company through the Company Services by electronic mail or otherwise, including without limitation any images, photographs, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by Company, including without limitation reproduction, modification, disclosure, transmission, publication, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law.  Furthermore, Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Company through the Company Services for any purpose whatsoever, including without limitation developing, manufacturing, and marketing products or services using information contained in such communication.

16. Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

17. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).  Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

18. Contact Information

Questions about the Terms may be sent to us at smirandahandbags@gmail.com.

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