Terms of use

 

MONIARA request that you read our Terms of Use and Disclaimer before using the MONIARA.COM web site. By using our Web site, you agree to our Terms of Use. Furthermore, when you complete the MONIARA registration process, you agree to all Terms of Use. If you do not agree to our Terms of Use, you may not use our web site. MONIARA reserves the right, at any time, to modify, alter or update these Terms of Use, and you agree to be bound by such modifications, alterations or updates. If you use our site, you are responsible for maintaining the confidentiality of your account and password. You represent and warrant that the credit card information that you supply is true, correct and complete and that you will be honored by your credit card company, and you will pay all charges that you incur at the prices posted including all applicable taxes and shipping charges.

 

CUSTOMER ACCEPTANCE OF TERMS

By using the MONIARA.COM web site, you signify your acceptance of our Privacy Policy.

If you do not agree to this Privacy Policy, please to not use the MONIARA.COM web site. Your continued use of the MONIARA.COM web site following the posting of changes to these terms will mean that you accept these changes accordingly. Last modified: March 26, 2020.

SECURITY AND SECURE SOCKET LAYER PROTOCOL

Protecting your order information is a priority for us at MONIARA. We use Secure Sockets Layer (SSL) technology in order to protect the security of your order information. If you wish to check the security of your connection, look at the lower left-hand corner of your browser window after accessing the server. If you see an unbroken key or a closed lock (depending on your browser), then SSL is active and the server is secure. You can also double-check by looking at the URL line of your browser. When accessing a secure server, the first characters of the site address will change from “http” to “https”.

LIABILITY AGREEMENT

No transmission of data over the internet is guaranteed to be 100% completely secure. It may be possible for third parties not under the control of MONIARA to access transmissions or private communications unlawfully. While we strive to protect all your Personal Information, we cannot ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk. If you choose to visit our site, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including but not limited to limitations of damages and application of the law of the State of New York. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SANG A OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF THE INFORMATION OR MATERIALS ON THE MONIARA.COMWEB SITE, EVEN IF MONIARA OR AN AUTHORIZED REPRESENTATIVE OF SANG A HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SENDING YOU EMAILS AND NEWSLETTERS

MONIARA may offer newsletters and emails to our customers who have provided their email address. You will only receive a newsletter or email if you agree during registration or sign-up to receive these items. Unsubscribe instructions are included in each electronic newsletter and email. Please note that when you make a purchase from MONIARA.COM, we will send you an email to confirm your order and may also need to contact you via telephone, postal mail, or email if we have other questions regarding your order.

If you wish not to receive information, by email or postal mail, please let us know by sending us an email to info@moniara.com.

Please note that removal requests may take up to eight weeks to become effective.

 

LINKS TO OTHER WEB SITES

MONIARA.COM may contain links to sites other than our own. We have no responsibility for those sites and provide these links solely for the convenience of our visitors. We encourage you to review the privacy policies and terms of use of any third-party sites or services before providing any of them with any of your Personal Information. MONIARA does not control the content that appears on other sites and takes no responsibility for their content, nor should it be implied that MONIARA endorses or otherwise recommends such sites or their products or services offered.

PRODUCT DISCLAIMER

Because many of the products offered by MONIARA are “hand-made” or custom pieces, some details may vary from product to product. The images posted on our web site offer the most accurate impression of a product detail or coloring: however, we cannot guarantee that the same product you receive will be identical to the image on our web site. If you have the need for a specific color match, we request that you send us a color swatch for accuracy. We cannot guarantee an exact match but will be able to give our designers and suppliers an example to work towards.

SHARING INFORMATION COLLECTED AT OUR RETAIL STORES

The Personal Information and Aggregate Information collected at our Stores may be shared with MONIARA as well as reputable third-party organizations to contact consumers for marketing and promotional purposes only. Third-party contacts may be initiated only by mail and we will not share your telephone or email address with any third parties.

GUEST BOOKS & SUBMISSIONS

All letters, comments or other customer submissions provided to MONIARA on or about this site, or submitted in our retail store, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary shall be and remain the property of MONIARA. By submitting your creative ideas, inventions suggestions or materials (your “submission”) you grant MONIARA a royalty-free, perpetual and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display your submission (in whole or in part) worldwide and to incorporate your submission in other works in any form, media, or technology now known or later developed without any notice or compensation to you. You agree that no comments submitted by you to MONIARA will violate any right of any third party, including copyrights, trademark, privacy or other personal or proprietary right(s). You agree that MONIARA may use and/or disclose information consistent with our Privacy Policy.

LIMITATION ON LIABILITY

IN NO EVENT SHALL MONIARA OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF MONIARA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

The MONIARA.COM Web site is created and controlled by MONIARA in the State of New York, U.S.A. As such, the laws of the State of New York will govern these disclaimers, terms and conditions without giving effect to any principles of conflict of law. We reserve the right to make changes to our Web site and these disclaimers, terms and conditions at any time. We encourage you to review the Web site and these terms periodically for any updates or changes. Your continued access or use of our Web site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes.

COPYRIGHT LAW

All content included in our Web site, MONIARA.COM, including our text, graphics, logos, button icons, images, audio clips and software, are the property of MONIARA or its suppliers and are protected by U.S. and international copyright laws. The collection, arrangement and assembly of all content on MONIARA.COM is the exclusive property of MONIARA and is protected by U.S. and international copyright laws. We give permission to copy and print hard copy portions of MONIARA.COM for the sole purpose of placing an order with us or for using MONIARA.COM as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of MONIARA.COM is strictly prohibited.

TRADEMARKS

All trademarks, logos, service marks and trade names are proprietary to MONIARA other respective owners that have granted MONIARA the right and license to use such intellectual property.

DISCLAIMER

The information, services, products offered for sale and materials contained in and/or advertised on MONIARA.COM, including, without limitation, text, graphics and links, are provided on an “As Is” basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MONIARA AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Additionally, MONIARA and its suppliers do not represent or warrant that the information accessible via MONIARA.COM is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.

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