Terms and Conditions
Effective as of February 31, 2020.
Gina’s Place 777, LLC.
(“We” or “Gina’s Place 777”) is the operator of the website located at www.Ginasplace777.com
(the “Website”). This Agreement governs your use of the Website and your
purchase of any products from Gina’s Place 777 (the “Products”).
The Website and Products
are offered subject to your acceptance of these Terms and Conditions (“Terms”
or “Agreement”). These Terms constitute a legally binding agreement between you
and Gina’s Place 777, and you should read them carefully. By agreeing to these
Terms, you also agree to Gina’s Place 777 Privacy Policy, Online Return
Policy, Store Returns Policy, and Shipping Policy, each of which is expressly
incorporated by reference herein.
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.
User Obligations
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 always provide true, accurate, current, and
complete information (and updates thereto) when submitting information to Gina’s
Place 777 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. Gina’s Place 777 LLC 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, phone number and password, and there may be
additional requirements as designated by Gina’s Place 777 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 Gina’s Place 777 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, at 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. Gina’s Place 777 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 governs your purchase of certain Products. By ordering Products through the
Website, you agree to provide true, accurate, current, and complete information.
Gina’s Place 777 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 Gina’s Place 777 reserves the right to revoke
any offer to correct any errors, inaccuracies, or omissions.
Gina’s Place 777 wants you
to be satisfied with your purchases from this Website. We do not accept returns
on open skincare products, makeup, CBD, supplements, and apparel. If you wish to return a product, please review
our Online Return Policy on every product page, which is incorporated
herein by reference.
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 Gina’s Place 777 LLC, its licensors, licensees or
other third parties (collectively the “Content”). The Website and the Content
are owned, licensed, or controlled by Gina’s Place 777 LLC, its licensors, and
certain other third parties, and all right, title, interest in and to the
Content and the Website are the property of Gina’s Place LLC, its licensors, or
certain other third parties and are protected by United States and
international copyright, trademark, 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, Gina’s Place 777 LLC 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 Gina’s Place 777 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.
User-Generated Content
By submitting or posting
any materials or content on the Site (“User-Generated Content”), you grant to Gina’s Place 777 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 Gina’s Place 777 the license specified above. Gina’s
Place 777 shall be entitled to use any User-Generated Content without incurring
obligations of confidentiality, attribution, or compensation to you.
LIMITATION
OF LIABILITY; DISCLAIMER OF WARRANTIES. EXCEPT WHERE OTHERWISE INAPPLICABLE OR
PROHIBITED BY LAW, THE WEBSITE, AND ALL CONTENT, PRODUCTS, AND OTHER
INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS”
AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. GINA’S PLACE
777 DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE WEBSITE IS CORRECT,
ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE WEBSITE APP WILL BE
UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE
WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. IN NO EVENT SHALL GINA’S PLACE 777 OR ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT
LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY
CLAIM, CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS ARISING FROM OR RELATED TO
THIS AGREEMENT, THE PRIVACY POLICY, THE RETURN POLICY, THE SHIPPING POLICY, THE
PRODUCTS, OR YOUR USE OF THE WEBSITE OR ANY PRODUCTS
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 Brooklyn, New York, USA and shall be governed
exclusively by the laws of the State of New York, excluding its conflict of law
provisions. If a Dispute arises under this Agreement, you agree to contact us
at [email protected] (email). Before formally submitting a Dispute to
arbitration, you and Gina’s Place 777 may choose to informally resolve the
Dispute. If any Dispute cannot be resolved informally, you agree that 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 Gina’s Place 777 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 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. Notwithstanding the foregoing, the following
shall not be subject to arbitration and may be adjudicated only in the state
and federal courts of New York (i) any dispute, controversy, or claim relating
to or contesting the validity of Gina’s Place 777 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 Gina’s Place
777 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
authority. 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 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 [email protected] (email) subject line: "Opt Out of Arbitration". 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 since 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.
Third Party Products &
Links Third Party Websites
The Website may include products
from third-party suppliers & links to third-party websites, such as
products form cosmetics, skincare, CBD, supplements, apparel & accessories,
links from advertisers, sponsors, content partners, and third parties. Gina’s
Place 777 expressly refuses any responsibility for the content, the
materials, the accuracy of the information, or the quality of the products or
services provided by, available through, our site or advertised on these
third-party websites.
Privacy
You understand,
acknowledge, and agree that the operation of certain portions of this Website
or the receipt of certain information, such as registering or creating an
account on this Website, requires the submission, use, and dissemination of
certain personally identifiable information. Please note that by providing your
mobile phone number to the Website, you are providing Gina’s Place 777 your
electronic signature expressly consenting to be contacted by telephone
(including by automated dialing systems, prerecorded messages, SMS, and MMS) at
the number provided, even if the number you provide is on a corporate, state,
or national Do Not Call list. You understand that your consent is not required
to make a purchase. For a summary of Gina’s Place 777 information collection
and use, please see Gina’s Place 777 Privacy Policy which is incorporated
herein by reference.
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 Gina’s Place 777 to accept these
terms and conditions, you are submitting a legally binding electronic signature
and entering 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 Gina’s
Place 777. Further, you waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any authority 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.
Sales Tax
Gina’s Place 777 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.
Miscellaneous
This Agreement constitutes
the entire agreement between you and Gina’s Place777 and supersedes any prior
version of this Agreement and Gina’s Place 777. If any provision of this
Agreement is found by the arbitrator or (if proper) a court of competent
authority 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.