Terms of service

Please read these Terms of Service ("Terms") carefully before using the services provided by Vuirii ("we," "us," or "our"). These Terms govern your use of our website, online store, and any related services or features (collectively referred to as the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

  1. Use of Services: a. Eligibility: You must be at least 18 years old or have the necessary legal capacity to enter into a binding contract in your jurisdiction to use our Services. b. Account: To access certain features or make purchases, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account. c. Prohibited Activities: You agree not to engage in any activities that may:

    • Violate any applicable laws, regulations, or third-party rights.
    • Infringe upon our intellectual property rights or the rights of others.
    • Interfere with or disrupt the operation of our Services.
    • Use our Services for any unauthorized commercial purpose.
    • Attempt to gain unauthorized access to our systems or the accounts of others.
    • Transmit any harmful or malicious code or engage in any activity that could damage or impair our Services.
  2. Product Information and Pricing: a. Product Descriptions: We make every effort to provide accurate and detailed product descriptions. However, we do not warrant that the product descriptions or any other content on our Services are accurate, complete, reliable, current, or error-free. b. Pricing: The prices displayed on our Services are subject to change without notice. We reserve the right to modify or discontinue any product or service without prior notice.

  3. Orders and Payment: a. Placing Orders: By placing an order through our Services, you make an offer to purchase the products selected. We reserve the right to accept or reject any order in our sole discretion. b. Payment: You agree to provide accurate and complete payment information when making a purchase. You authorize us to charge the designated payment method for the total amount of your order, including applicable taxes and shipping fees. c. Order Confirmation: Upon receipt of your order, we will send you an order confirmation email. This email serves as an acknowledgment of your order but does not constitute acceptance of the order. d. Order Cancellation: We reserve the right to cancel or refuse any order for any reason, including but not limited to product unavailability, inaccuracies in product or pricing information, or suspected fraudulent activity. In the event of order cancellation, we will refund any payment made for the canceled order.

  4. Shipping and Delivery: a. Shipping: We will make every effort to ship your order within the specified timeframe. However, delivery times may vary depending on your location and other factors beyond our control. b. Risk of Loss: The risk of loss or damage to products passes to you upon our delivery to the shipping carrier. We are not responsible for any lost, stolen, or damaged packages during transit.

  5. Returns and Refunds: Our Returns and Refund Policy governs the process and conditions for returns, exchanges, and refunds. Please refer to our separate Returns and Refund Policy for detailed information.

  6. Intellectual Property: a. Ownership: All intellectual property rights related to our Services, including but not limited to trademarks, logos, designs, and content, are owned by us or our licensors. b. Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal

 

 

 

By consenting to [Vuirii]’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at [LINK to your contacts page or form, or email address] for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy [LINK to Your Privacy Policy] to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

Arbitration:

By using or purchasing [Brand] products or services, you agree that any controversy, claim, action, or dispute between you and[Brand] arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of[Brand] ’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in [County, State, USA], but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the [State], without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of[Brand] s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to [insert address]. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with [Brand]. You are responsible for ensuring[Brand] ’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver:

You and[Brand] agree that you may bring or participate in Claims against[Brand]  only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and[Brand] agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.