Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
BY USING THIS SITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.
Acknowledgment and Acceptance of Terms and Conditions
Saans, LLC (referred to as ”Saans” “us” “we” or “our”) makes the saans.com website (the “Site”) available, subject to your compliance with all the terms, conditions, and notices described or referenced herein (collectively, the “Terms and Conditions”). In addition, users shall be subject to any posted guidelines, policies, or rules that may contain terms and conditions in addition to those described in these Terms and Conditions. Any such additional guidelines, policies, or rules are hereby incorporated by reference into these Terms and Conditions.
We reserve the right to change these Terms and Conditions from time to time without notice. It is your responsibility to review the Site and these Terms and Conditions periodically in order to be aware of any modifications. Your continued use of this Site after any modifications will constitute your acknowledgement of and agreement to be bound by the Terms and Conditions.
As used in these Terms and Conditions, references to our “Affiliates” include our owners, subsidiaries, employees, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site, its contents, or goods presented therein.
Use of Site
You may access and use the Site solely for your personal use in accordance with these Terms and Conditions. You agree not to access or use the Site in any manner that is prohibited by these Terms and Conditions or is otherwise unlawful. We reserve the right to terminate or suspend your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason at all). You agree that if your authorization to access the Site is terminated, you will not thereafter access, or attempt to access, the Site.
For purposes of these Terms and Conditions, “content” is defined as any information, text, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Site. All content presented to you on this site, including the curation of its content, is owned by, or licensed to Saans, our affiliates, or our suppliers and protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You are only permitted to use the content as expressly authorized by us. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from us or the specific content provider, except for a single copy made for personal use. You are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site.
You may create a link to our website, provided that the link to the Site does not damage, dilute or tarnish the goodwill associated with Saans and/or our intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with us in any way. You may not “embed” or “frame” this website, or alter its intellectual property or other materials in any way. You may not link to the website from a site that it unlawful, abusive, indecent, or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by Saans in our sole discretion. We reserve the right to terminate a link with any website for any reason, including any website that we deem to be inappropriate or inconsistent with the purpose of Saans and/or these Terms and Conditions.
We are not and cannot be responsible for the content of any website which may link to this Site or from which this Site may be accessed. Please inform us of any inappropriate material or misrepresentations found on websites to which this Site is or may be linked.
Except as expressly permitted above, you agree not to (a) distribute (including via e-mail), or otherwise make available, copies of any Saans Content to anyone, (b) republish Saans Content on the Internet or any intranet or extranet site or incorporate Saans Content in any database, file, compilation, or archive, (c) reproduce, adapt, distribute, or display any Saans Content except to the extent required for the limited purpose of viewing material on the Site, (d) alter or remove any trademark, copyright or any other notice contained in any Saans Content, (e) use Saans Content for any commercial purposes, (f) use any of our trademarks as metatags on other web sites, and/or (g) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, without first obtaining our express written permission.
To place an order with Saans we encourage you to register and create an account in order to simplify correspondence about your order. Your decision to provide any personal information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to complete a purchase transaction. When you provide information to us, you agree to provide only true, accurate, current and complete information. We cannot be responsible for your failure to provide accurate information in the event that we need to contact you about your order.
If you create an account you agree to accept responsibility for all activities that occur under your account, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for monitoring your computer so that others may not access your account.
We have made every effort to display as accurately as possible the colors of the products that appear on the Site. However, as the actual colors you see will depend on your computer or smartphone, we cannot guarantee that your viewing of any color will be accurate.
Althought we try to be as accurate as possible in our product descriptions, many of the brands we carry on our Site offer products that are one-of-a-kind, handmade, and/or upcycled. We cannot guarantee that the product picture on the Site will be an exact match with the item you receive. Please refer to our return policy when it comes to dealing with any items with which you are not completely satisfied.
Typographical Errors, Inaccuracies, Omissions and Cancellation of Orders
In the event that information on our Site contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, and availability, we reserve the right to correct such errors, inaccuracies or omissions and to change or update information. In addition, we reserve the right to refuse or cancel orders if any information on the Site is inaccurate, at any time and without prior notice (including after an order has been submitted). If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the charge.
In an attempt to provide increased value to our visitors, we may link to sites operated by third parties. These other sites are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor does the inclusion of such a link or reference imply endorsement of, or association with, the other site or party by Us, or any warranty of any kind, either express or implied. Nonetheless, Saans seeks to protect the integrity of our Site and the links provided on it and therefore we accept any feedback relating to linked sites, including if a specific link does not work.
Disclaimer of Warranties
TEMPORARY INTERRUPTIONS OF THE SERVICES AVAILABLE THROUGH THIS SITE MAY OCCUR AS NORMAL EVENTS AND WE HAVE NO CONTROL OVER THIRD-PARTY NETWORKS YOU MAY ACCESS IN THE COURSE OF USING THIS SITE. DELAYS AND DISRUPTION OF OTHER NETWORK TRANSMISSIONS IN THE COURSE OF ACCESSING OUR SITE ARE COMPLETELY BEYOND OUR CONTROL. THE MATERIALS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
SAANS AND OUR AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, losses, damages, costs, and expenses, including attorney fees, that arise from the use or misuse of this Site (including negligent or wrongful conduct). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Modifications to the Site
We may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including the availability of any data or other information contained on the Site at any time for any reason and without notice or liability.
We may deliver notice to you by means of e-mail, a general notice on the Site, or by another reasonable method to an address provided by you to us.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for suspending or terminating your account and may be referred to appropriate law enforcement authorities.
Upon suspension or termination, for any reason, your right to use the services available on this Site will cease immediately, and you acknowledge and agree that we may immediately deactivate your account and delete all related information.
User Comments, Feedback, and Other Submissions
Any comments, feedback, suggestions, ideas, and other disclosures (collectively, the “Comments”), submitted or offered to Saans are provided on a non-confidential basis. Such offer or submission, of any Comments shall constitute an assignment to Saans of all worldwide rights, titles, and interests and shall not be limited in any way in use, commercial or otherwise. Saans is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
These Conditions will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Site will be brought only in the courts of the State of New York.
These Conditions constitute the entire agreement and an understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms and Conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence.
In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney fees. Any cause of action brought by you against us or our Affiliates arising out of or related to these Terms and Conditions and/or the Site must be instituted with one year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these Terms and Conditions to any third-party, and any purported attempt to do so shall be null and void.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in the delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms and Conditions or related rights shall not constitute a waiver of that right or provision.
Ability to Accept Terms
You affirm that you are 13 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
If you have any questions, comments or concerns about this Site or these Terms and Conditions, you may contact us at: email@example.com (general questions, comments, feedback) or firstname.lastname@example.org (shipping/return/order questions or comments). You may also reach us by phone at (212) 500-1200 or by mail at SAANS LLC, PO BOX 5482, New York, NY 10185-5482.
Last updated Feb 1, 2017.