Terms of Service
EFFECTIVE DATE: January 1, 2019
Mia Sapphire (“We”,”Us”,”Our”, or “Mia Sapphire”) is the operator of the website located at www.miasapphire.com (the “Website”). This Agreement governs your use of the Website and your purchase of any products from Mia Sapphire (the “Products”). Through this Website and related Social Media accounts, including without limitation Facebook™, Snapchat™, and Instagram™, Mia Sapphire makes available a variety of fashion-forward clothing and accessories on retail basis (the “Service(s)”) in exchange for payment by you.
Please read these Terms carefully before using our Service.
By DISCLOSING Your PERSONAL INFORMATION, including PAYMENT INFORMATION, SHIPPING AND BILLING ADDRESS, creating an Account, and/or clicking “Purchase” or other similar button, You acknowledge that you:
- have read these Terms,
- understand these Terms, and
- accept and agree to be bound by them.
If you disagree with these Terms, please do not use the Services or Our Website. If at any time you are not willing to be bound by these terms, you should, where applicable:
- click the “I do not accept” or similar button, and
- immediately cease and refrain from accessing or using the Services.
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING, OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
By downloading, accessing or using the Website, you represent that you are at least eighteen (18) years old or the legal age of majority, whichever is greater, and you are agreeing to these Terms. You also agree to abide by all applicable local, state, and national laws and regulations with respect to your use of the Website. You further represent you shall at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to Mia Sapphire through the Website. You shall only use the Website as permitted by this Agreement, and you shall not use the Website or the Content for any commercial, political, obscene, illegal, or inappropriate purpose. Mia Sapphire reserves the right, in its sole discretion, to terminate your access to the Website for any or no reason. If you register for an account on the Website, you may be required to designate an email address and password, and there may be additional requirements as designated by Mia Sapphire from time to time. You agree to assume all responsibility concerning your use of the Website, including all activity occurring through your password (and related account access). You shall immediately notify Mia Sapphire if you suspect or become aware of any loss, theft, or unauthorized use of your password.
Purchases through the Website
All purchases made through the Website are subject to our acceptance. This means that we may refuse to accept or may cancel any transaction, in our sole discretion, and without liability to you or any third party. The Website does not permit orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website. Mia Sapphire expressly conditions its acceptance of your order on your agreement to these Terms, and to all additional terms and conditions that are provided to you on the Website that govern your purchase of certain Products. By ordering Products through the Website, you agree to provide true, accurate, current, and complete information. Mia Sapphire reserves the right without prior notice to discontinue or change specifications and prices on Products offered on and outside of the site without incurring any obligation to you. Prices and availability are subject to change without prior notice, and Mia Sapphire reserves the right to revoke any offer to correct any errors, inaccuracies, or omissions.
Mia Sapphire wants you to be satisfied with your purchases from this Website. Eligible items may be returned to Mia Sapphire in accordance with our Online Return Policy posted on this Website. If your items are not eligible for a return, we do offer store credit.
2) PROMOTIONS AND CONTESTS
Any contests or promotions described or posted on this Website shall be governed by the rules regulating such event.
3) INTELLECTUAL PROPERTY
- a)Property of Mia Sapphire
Website Ownership and Content
The Website contains materials including, but not limited to, text, images, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, and the overall arrangement or “look and feel” of such materials including copyrightable material, as well as trademarks, logos, and service marks that belong to either Mia Sapphire, its licensors, licensees or other third parties (collectively the “Content”). The Website and the Content are owned, licensed, or controlled by Mia Sapphire, its licensors, and certain other third parties, and all right, title, interest in and to the Content and the Website are the property of Mia Sapphire, its licensors, or certain other third parties and are protected by United States and international copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible. By using the Website, you will not obtain any ownership or intellectual property or other interest in any item or content on the Website. Subject to your agreement and compliance with this Agreement, Mia Sapphire grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable license to access, display, view, and use the Content on the Website for your own personal, non-commercial use only. You agree that Mia Sapphire may immediately and, without notice to you, suspend or terminate the availability of the Website, its Content, or the Products without any liability to you or any third party.
By submitting or posting any materials or content on the Site (“User-Generated Content”), you grant to Mia Sapphire a perpetual, irrevocable, royalty-free, worldwide, royalty-free, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and sublicense such materials or any parts of such materials. You hereby represent, warrant and covenant that any User-Generated Content you provide does not violate any law or the rights of any third party, and you have full right to grant Mia Sapphire the license specified above. Mia Sapphire shall be entitled to use any User-Generated Content without incurring obligations of confidentiality, attribution or compensation to you.
We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you
(i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or
(ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, which are tagged with #MIASAPPHIRE or any other Mia Sapphire promoted hashtag (collectively “User Content”) shall be deemed non-confidential and nonproprietary.
Mia Sapphire will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Mia Sapphire shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Mia Sapphire retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.
By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that
(i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity;
(ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity;
(iii) you are 18 years of age or older; and
(iv) the User Content does not:
(a) contain false or misleading information,
(b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party,
(c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content,
(d) contain any addresses, email addresses, phone numbers or any contact information or
(e) contain computer viruses, worms or other harmful files.
Upon request by Mia Sapphire, you will furnish Mia Sapphire any documentation, substantiation or releases necessary to verify your compliance with these Terms.
Mia Sapphire does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else.
By submitting or posting the User Content you fully and unconditionally release and forever discharge Mia Sapphire and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with:
(i) disputes between you and one or more users or any other person or entity, or
(ii) the use by Mia Sapphire or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity.
You acknowledge and agree that Mia Sapphire has no control over, and shall have no liability for any damages resulting from the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. Mia Sapphire acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Mia Sapphire becomes aware of any User Content that allegedly may not conform to these Terms, Mia Sapphire may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Mia Sapphire has no liability or responsibility to Users for performance or nonperformance of such activities.
MIA SAPPHIRE HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST MIA SAPPHIRE FOR SUCH REMOVAL AND/OR DELETION. MIA SAPPHIRE IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS.
Dispute Resolution by Binding Arbitration and Class Action Waiver
Any dispute relating in any way to your visit to, or use of, the Website, the Products, or any purchase or otherwise related to this Agreement (“Disputes”) shall be submitted to confidential arbitration in Arapahoe County, Colorado and shall be governed exclusively by the laws of the State of Colorado, excluding its conflict of law provisions. If a Dispute arises under this Agreement, you agree to contact us at email@example.com (email). Before formally submitting a Dispute to arbitration, you and Mia Sapphire may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes, other than those filed in small claims court, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or Mia Sapphire may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. Mia Sapphire will pay all of the filing costs. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Colorado: (i) any dispute, controversy, or claim relating to or contesting the validity of Mia Sapphire’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by Mia Sapphire against a non-consumer; or (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the date that you purchase a product or provide information to the website to opt-out of this arbitration agreement. To opt out of arbitration you must contact us in writing at firstname.lastname@example.org (email). If more than thirty (30) days have passed from the date that you purchase a product, you are not eligible to opt out of arbitration with respect to claims relating to that product. If more than thirty (30) days have passed from the date that you provide information to the website, you are not eligible to opt out of arbitration with respect to claims relating to the website.
Mia Sapphire partners up with international suppliers, with that said, our shipping can be anywhere between 12-30 business days, depending on item location. Once you submit payment and process your order, you have agreed to shipping terms. Review our Shipping Policy for more information.
DISCLAIMERS OF WARRANTIES AND LIMITAITONS OF LIABILITY
- Site Content
We are committed to providing You with a reasonably accurate catalog of clothing, fashion accessories, and information regarding the same. However, there may be inadvertent technical or factual inaccuracies and typographical errors, including reference to product availability, product descriptions, pricing, and others, from time to time. Therefore, We reserve the right to change this site and make corrections at any time without notice.
In addition, it is impossible for Us to predict and otherwise account for changes across all product and service providers at all times. Certain products, goods, and services described on this site may not be available for purchase in or delivery to your region or jurisdiction.
- No Warranties
Mia Sapphire makes no warranties or representations of any kind regarding any third-party site to which you may be directed or hyperlinked from this Website. Hyperlinks are included for your convenience only, and Mia Sapphire makes no representations or warranties with regard to the accuracy, availability, suitability, or safety of information, products, and/or services provided in such third-party sites. Similarly, we do not endorse, warrant, or guarantee any products or services offered or provided by or on behalf of third parties on this Website.The inclusion of any link on the Website does not imply our endorsement of it, and Mia Sapphire expressly disclaims any responsibility for the content, the materials, the accuracy of the information, or the quality of the products or services provided by, available through, or advertised on these third-party websites.
In no event will We be liable to You or any party related to You for any damage or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if We have been advised of the possibility of such damages. As such THE SERVICES AND FEATURES ASSOCIATED WITH OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Any testimonials, reviews, or other user opinions regarding this Service viewable on this Website or related Social Media are based on individual experiences using this Service. There is no guarantee that you will experience the same level of satisfaction.
YOU HEREBY ACKNOWLEDGE THAT USE OF OUR SERVICES IS AT YOUR OWN RISK.
Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
We may elect to terminate the Services on this Website at Our discretion without notice to You or any liability for any reasons whatsoever, including without limitation, if You breach these Terms.
You may terminate any account You establish via this Website at any time upon written notice to Us.
We reserve the right to modify, terminate, or otherwise amend Services available via this Website and advertised on related Social Media accounts. We may, in the future, offer new and/or different services and/or features through Our Website and associated Social Media accounts. Such new features and/or services shall be subject to these Terms.
You agree to defend, indemnify and hold Mia Sapphire, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.
You are solely responsible for the User Content and you hereby agree to indemnify and hold Mia Sapphire and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT”, ANY LINK THROUGH WHICH YOU SUBMIT BILLING OR SHIPPING INFORMATION, or such similar links as may be designated by Mia Sapphire to accept these terms and conditions, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR PRODUCTS OFFERED BY MIA SAPPHIRE. Further, you waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non- electronic records, or to payments or the granting of credits by other than electronic means.
Mia Sapphire honors each state's guidelines concerning sales and use tax, determined by the destination address of your shipment. As you proceed through checkout and confirm your shipping details, any applicable taxes will be calculated on your total merchandise value. Additionally, order totals at checkout reflect estimated tax. The actual charge to your payment method will reflect all applicable state, local and county taxes and will be calculated once your order is shipped.
California Proposition 65
We make this warning as a result of Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, which requires us to inform citizens in California about exposures to certain chemicals. WARNING: Products sold on this site may contain chemicals known to the State of California to cause cancer, birth defects or other reproductive harm.
This Agreement constitutes the entire agreement between you and Mia Sapphire and supersedes any prior version of this Agreement and Mia Sapphire. If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid, the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of this Agreement.
WARNING: Products sold on this site may contain chemicals known to cause cancer, birth defects or other reproductive harm. This DOES NOT mean our products contain these chemicals but may be included in some future products.