TelaModa Terms of Sale

Effective as of:  7/20/2015

 These Terms of Sale are part of the agreement between TelaModa, LLC (“TelaModa”, “we”, “us” or “our”) and each visitor or registered user (each, a “user” or “you”) concerning the purchase of a good from the Website, www.telamoda.com.

This Agreement sets out the legally binding terms and conditions for any purchase of a good directly from the Website.  We may modify this Agreement from time to time and such modification shall be effective upon posting by us on the Website. You agree to be bound to any changes to this Agreement when you use Website after any such modification is posted.

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

1. Assent to Other Agreements. You agree to our current Terms of Use Term Of Use and Privacy Policy.

2. Purchaser Requirements.

•  Accurate Information. You agree that all information you submit, such as name, address, and payment information, concerning the sale is truthful and accurate; and you represent and warrant that you are authorized to use the payment information and that there are sufficient funds to cover the cost of the goods.
•  Age and Payment Type. You agree that you are over 18 years of age and that you possess a valid credit or debit card issued by a bank acceptable to us.

3. Pricing. While we try and ensure that all details, descriptions and prices, which appear on this Website, are accurate, errors may occur. If we discover an error in the price of any goods, which you have ordered, we will inform you of this as soon as possible and give you the option of confirming your order at the corrected price or cancelling your order. If we are unable to contact you, we will cancel the order. If you cancel because of a pricing issue after having paid for the goods, you will receive a refund.

Delivery costs will be clearly displayed and will be charged in addition to the cost of the goods. Delivery costs are non-refundable.

The cost of products and services may fluctuate. All prices advertised are subject to such changes.

4. Order.  We retain the right to refuse any order made by you.  All orders are subject to availability and confirmation of the order price.  When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order — this email will only be an acknowledgement and will not constitute acceptance of your order. Acceptance occurs when we send you an e-mail confirmation that the goods identified in the e-mail have been dispatched to you.

5. Payment. Upon receiving your order, we perform a standard authorization check on your payment information to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been sent and you have been sent a confirmation email the monies paid, as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

6. Delivery. Your goods will be sent according to the method you have selected.  Delivery times will vary according to delivery method selected and is subject to possible delays resulting from Force Majeure events for which we will not be responsible.  A force majeure event is an event or occurrence beyond a party’s reasonable control such as, by way of example and not by way of limitation, acts of God, actions by governmental authority (whether valid or invalid), failure of the Internet, fires, floods, windstorms, explosions, riots, natural disasters, wars, sabotage or labor problems.

Unless otherwise agreed to by the parties, all shipments are F.O.B. the original shipping point and risk of loss shall pass to you at such time as possession of the goods is given to the delivery company.  Unless otherwise agreed to in writing by the parities, we will not insure the goods in transit to you.

Goods will be delivered in TelaModa’s standard packaging that is acceptable to the delivery company.  Special packaging will be furnished only when agreed in writing and you accept the additional charges for special packaging.

7. Customer Inspection.  Upon your receipt of shipment, you agree to immediately inspect the goods.  Unless you provide TelaModa with written notice of any claim for defects by e-mail at info@telamoda.com within 72 hours (3 days) after receipt of shipment, such Goods shall be deemed fully inspected, checked and accepted by Customer.

8. Return Policy for Non-Customized Goods.  You have 72 hours from the delivery date to request a return. To be eligible for a return, your good must be unused and in the same condition that you received it. It must also be in the original packaging. To request a return, please e-mail us at info@telamoda.com with your order number, TelaModa’s order and invoice numbers, and the date the good was received.  Before a good may be shipped to us, we need to provide you with a return authorization code.  Any goods returned without such a code will not be accepted. Non-Customized goods must be shipped within 3 business days from the return authorization date. Further, you are responsible for paying for your own shipping costs for returning your good.  Additionally, we suggest that when you return a good, you sent it with some form of tracking.

9. Refund Policy.  Once your returned good is received and inspected, we will send you an email to notify you that we have received your good. We also will notify you of the approval or rejection of your refund. If your good meets our standards, determined in our sole discretion, then a credit will automatically be applied to your original method of payment.  Please note that the original shipping costs are non-refundable, and there is a 15% restocking fee based on the value of the good.  If your good is damaged or unsalable, then your credit will be reduced by the cost of repairs or salvage value.

10. Cancellation of Order.  Other than a cancellation due to a pricing error (see Section 3), orders cannot be cancelled, terminated or modified, nor can a delivery be deferred after your order has been accepted, except with TelaModa’s written consent. TelaModa’s written consent will only be given upon payment of reasonable charges for any expenses incurred by TelaModa in processing the order, including without limitation, the 15% restocking fee based on the value of the good.

11. Custom Goods.  All special orders, customer customized items, or goods manufactured to order, or art created on customer personal items (“Custom Orders”) are final sales, and not returnable nor refundable.  Such Custom Orders cannot be cancelled and deposits cannot be refunded, once you have approved the Custom Order. Payment in full is required at the time of order.

A fee of $250 is charged for any request of a visual mock up of possible art designs for each good requested by customer. For this fee, TelaModa will create 5-10 visual mock-ups for your consideration. If you need additional visual mock-ups, TelaModa charges $100 for every 5 mock-ups. The mock-up fees will be deducted from the cost of the Custom Order.

12. Color and Art Variations.  Art is unique.  You accept that the appearance and color of the goods, non-customized and Custom Order, may not look identical to the images on your computer monitor and that some variation due to the good’s materials, artist’s style, and artist’s materials will occur.

13. No Warranty.  ALL GOODS ARE SOLD “AS-IS”. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED, CONCERNING THE GOOD.  WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, ACCURACY, AVAILABILITY, CORRECTNESS, AND FITNESS FOR A PARTICULAR PURPOSE.

14. Limitation of Liability. In no event, whether based on contract, warranty, tort or otherwise shall we be liable for any consequential, indirect, incidental or punitive damages. OUR TOTAL LIABILITY IN RESPECT OF ANY AND ALL CLAIMS, WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE ARISING OUT OF OR CONCERNING FROM THIS AGREEMENT, SHALL NOT EXCEED $5,000.00.
15. Governing Law; Venue.  You agree that this Agreement shall be governed by and construed in accordance with the laws of the State of New York.  You hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through e-mail, certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.

16. General.  If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by us, in our sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Terms of Use

Effective as of:  7/20/2015

 These Terms of Use are part of the agreement between TelaModa, LLC (“TelaModa”, “we”, “us” or “our”) and each visitor or registered user, as the case may be (each, a “user” or “you”) concerning the use of the Website, www.telamoda.com; the blog ; and our mobile application (collectively, the “Service”).  The other parts of the agreement are the Terms of Sale

Terms Of Sale and Privacy Policy Privacy Policy.  By using the Service, you agree to be bound by all of these Terms of Use (“Terms of Use” or this “Agreement”), whether or not you are a registered user.

This Agreement sets out the legally binding terms for your access and use of the Service. We may modify this Agreement from time to time and such modification shall be effective upon posting by us on the Website. You should check this page regularly to take notice of any changes we may have made to this Agreement.  You agree to be bound to any changes to this Agreement when you use Cheesehead after any such modification is posted.

1. User Age

 You represent and warrant that you are 13 years of age or older and that your use of the Service will not violate any applicable law or regulation.  If you are at least 13 years of age, but under the age of 18, your parent or legal guardian, as applicable, must expressly consent to your use of the Service.

2. Non-Commercial Use

The Service is for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by TelaModa.

3. Ownership; Proprietary Rights

3.1. TelaModa owns the Service.  You acknowledge that you do not acquire any ownership rights by using the Service.

3.2. Copyright. All content (including without limitation any pictures, logos, images, text and podcasts) appearing on the Service is our property or the property of our licensors or suppliers and is protected by copyright under the copyright laws of the United States and/or other countries. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein.

3.3. Trademarks. Any trademarks or tradenames featured on the Service are owned by the respective trademark owners. Trademarks are protected by the trademark laws of the United States and/or other countries.  Except where expressly stated to the contrary, the use of a third-party trademark does not mean that we are associated, linked or affiliated with the owner of the third-party trademark.

3.4. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on our Websites in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our Websites; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached as follows:

Dr. Amir Sheibanie

409 W.52nd St, Suite 1E, N.Y, N.Y 10019

Email: Dr.sheibanie@telamoda.com

We suggest that you consult your legal advisor before filing a notice with our copyright agent because there maybe penalties for false claims under the DMCA.

8. Third-party services.

In order to provide you with a rich set of features, we may utilize third-party service providers. You agree that we can exchange information with our third-party services providers, under our Privacy Policy, as necessary to implement such features.

9. Third-party links.

We and/or third parties may provide links to other websites of possible interest to you. Because we have no control over unaffiliated websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites. We reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users. 

10. Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

11. Privacy

We are committed to safeguarding your privacy. The terms regulating the handling of your personal information and other information about you are described in our Privacy Policy. By using the Service, you consent to the processing described therein.

12. Operation of Service.

Access to the Service is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service without notice.  From time to time, we may restrict access to some parts or all of the Service.

13. NO WARRANTY.  THE SERVICE IS PROVIDED “AS-IS”. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED, CONCERNING THE ACCURACY, APPROPRIATENESS, CORRECTNESS, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF CONTENT ON THE SERVICE, OR THE AVAILABILITY OF THE SERVICE.

14. LIMITATION OF LIABILITY.  IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE FOR (i) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES ARISING OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SERVICE.  UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF CHEESEHEAD OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING IN CONNECTION WITH USE OF THE SERVICE IN ANY CIRCUMSTANCE IS LIMITED TO FIFTY DOLLARS ($50.00).

15. Indemnification.

You agree to indemnify, defend and hold us, our affiliates, officers, directors and employees harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of (1) your use of the Service, or (2) your violation of this Agreement. 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 defense.

16. Governing Law; Venue.

This Agreement shall be governed by and construed in accordance with the laws of the State of New York.  You hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through e-mail, certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.

We control and operate this site from New York, New York. We do not represent that materials on the site are appropriate or available for use outside of New York, New York. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Please note that your use of the Web Site may be subject to other local, state, national, and international laws.

17. General.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by us, in our sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

18. Contact Us.

If you have any complaints or comments, please contact us by email at info@telamoda.com.

TelaModa Privacy Policy

 Effective as of:  7/20/2015

 This Privacy Policy has been developed by TelaModa, LLC (“TelaModa”) and applies to all visitors of the Website, www.telamoda.com, the blog and our mobile application (collectively, the “Service”).  This Policy describes the information we collect, how it is collected, for what purposes it is collected, and the steps we take to secure this information.

 TelaModa may modify or update this Privacy Policy from time to time, so please review it periodically. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of the Service after any modification to this Privacy Policy will constitute your acceptance of such modification.

1. What information do we collect?

• Information you provide us directly:
• When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.

1. Analytics Information

• We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the Service. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User.

1. Cookies.

• When you visit the Service, we may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use the Website and provide features to you.
•  We do not use cookies for tracking purposes.
•  You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.
•  If you disable cookies, some features will be disabled that make your site experience more efficient and some of our services will not function properly.  However, you can still place orders.
• Log file information: Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device.
• When you use our Service, our servers automatically record certain log file information, including your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.

2. We honor Do Not Track signals

We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

3. How we use your information

In addition to some of the specific uses of information we describe in this Privacy Policy, we may use information that we receive to:

– help you efficiently access your information after you sign in

– remember information so you will not have to re-enter it during your visit or the next time you visit the Service;

– provide personalized content and information to you and others, which could include marketing

– provide, improve, test, and monitor the effectiveness of our Service

– develop and test new products and features

– monitor metrics such as total number of visitors, traffic, and demographic patterns

– diagnose or fix technology problems

– process transactions

– communicate with you concerning your order

4. Sharing of your information

We will not rent or sell your information to third parties without your consent, except as noted in this Policy.

We may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.

We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.

If we sell or otherwise transfer part or the whole of TelaModa or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your personal information such as name and email address, and any other information we have collected may be among the items sold or transferred. The buyer or transferee will have to honor the commitments we have made in this Privacy Policy

5. How we store your information

Your information collected through the Service may be stored and processed in the United States or any other country in which TelaModa, or its Service Providers maintain facilities.

By registering for and using the Website you consent to the transfer of information to the U.S. or to any other country in which TelaModa, or its Service Providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy .

We use commercially reasonable safeguards to help keep the information collected secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, TelaModa cannot ensure the security of any information you transmit or guarantee that information may not be accessed, disclosed, altered, or destroyed. 

Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails at all times.

All financial transactions are processed through a gateway provider, and your financial information is not stored or processed on our servers.

6. Third-party products or services

At this time, we do not include or offer third-party products or services on our website.  However, we may do so in the future.

Also, at this time, we have not enabled Google AdSense on our wensite, but we may do so in the future. 

Finally, at this time, we do not allow third party behavioral tracking, but may do so in the future.

7. Changing your personal information

If you wish to change your personal information, please e-mail us at info@telamoda.com.

8. Children’s Privacy

TelaModa does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. The Service is not directed at children under the age of 13.

In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.

9. Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below: 

www.telamoda.com

info@telamoda.com