Terms of Use of NesianClothing.com
YOUR USE OF NESIANCLOTHING.COM IS GOVERNED BY THESE TERMS OF USE. BY ACCESSING AND USING NESIANCLOTHING.COM, YOU AGREE THAT YOUR ACCESS TO AND USE OF NESIANCLOTHING.COM IS SUBJECT TO THESE TERMS AND CONDITIONS.
NesianClothing.com is operated by Nesian, Inc. ("NesianClothing")
These Terms and Conditions May Change
NesianClothing shall have 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 NesianClothing.com. Such revisions and additions shall be effective immediately upon notice, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on NesianClothing.com. You are responsible for reviewing NesianClothing.com periodically for any modification to these Terms of Use. Any access or use of NesianClothing.com site 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.
Prices and Orders.
NesianClothing does not accept orders from outside the United States at this time. NesianClothing does not ship products to destinations outside of the United States at this time. NesianClothing will add shipping and handling fees and applicable sales/use tax. NesianClothing reserves the right without prior notice to discontinue or change specifications and prices on products offered on NesianClothing.com. Products displayed on NesianClothing.com are available while supplies last. NesianClothing 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 NesianClothing. NesianClothing reserves the right to limit the order quantity on any item. In the event that a product is listed at an incorrect price due to typographical error, NesianClothing shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your Paypal account charged. If your credit card has already been charged for the purchase and your order is canceled, NesianClothing shall promptly issue a credit to your Paypal account in the amount of the incorrect price. Learn more about returning products by reviewing NesianClothing’s return policy.
Content.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on NesianClothing.com, 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. NesianClothing may change, delete, or update any Content at any time and without prior notice. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by NesianClothing or by third parties that have licensed their use to NesianClothing. You may view and use the Content only for your personal information and for shopping and ordering on NesianClothing.com. Except as set forth above, NesianClothing does not grant to you 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 any of the Content.
Termination.
NesianClothing shall have the right without notice and at any time to terminate NesianClothing.com or any portion thereof, or any products offered through NesianClothing.com, or to terminate any individual's right to access or use NesianClothing.com.
Submissions.
Except as otherwise expressly provided in the NesianClothing's PRIVACY STATEMENT posted on NesianClothing.com, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to NesianClothing.com shall be and remain the exclusive property of NesianClothing. Your submission of any such Comments shall constitute an assignment to NesianClothing of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. NesianClothing will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. Do not send NesianClothing.com any Comments that you do not wish to assign to NesianClothing.com.
Correction of Errors and Inaccuracies.
The information on NesianClothing.com may contain typographical errors or inaccuracies and may not be complete or current. NesianClothing reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability.
Your Account.
You are responsible for maintaining the confidentiality of your NesianClothing account and password information and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use NesianClothing.com only with involvement of a parent or guardian.
Disclaimer and Limitation as to Use of NesianClothing.com. NESIANCLOTHING.COM IS OPERATED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMITTED BY LAW, NESIANCLOTHING.COM AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. WITHOUT LIMITING THE FOREGOING, NESIANCLOTHING.COM AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE NESIANCLOTHING.COM WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. UNDER NO CIRCUMSTANCES, SHALL NESIANCLOTHING.COM OR ITS AFFILIATES, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE NESIANCLOTHING.COM, INCLUDING, BUT NOT LIMITED TO, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR ANY OTHER TYPE OF DAMAGES. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
Disclaimer and Limitation of Liability as to Products.
If for any reason you are not entirely pleased with a product you purchased on NesianClothing.com, simply return the item within thirty (30) days of the date of your invoice for exchange or full refund of the purchase price. After this thirty (30) day period, all returns will not be accepted for credit, exchange or full/partial refund.
UNDER NO CIRCUMSTANCES SHALL NESIANCLOTHING, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING IN ANY WAY FROM ANY PRODUCT SOLD ON NESIANCLOTHING.COM. IN NO EVENT SHALL NESIANCLOTHING'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
Miscellaneous.
These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of California, without regard to its conflicts or choice of laws principles. You agree that, in any legal action arising from or related to your use of or orders placed on NesianClothing.com or to these Terms of Use, the United States District Courts for California shall have sole and exclusive jurisdiction and venue over such action.
