Last updated: March 01, 2023
Introduction
Welcome to sergand.shop (the “Site”). This Site is owned and operated by Sergand (“we,” “us,” “our”). We make the Site available to you subject to the following Terms and Conditions.
Please read the Terms and Conditions contained in this Agreement carefully. Your access to and use of this Site constitutes your acceptance of these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not access or use this Site.
We may revise and update these Terms and Conditions from time to time. Your continued usage of the Site will mean you accept those changes.
1. Definitions
“Agreement” refers to these Terms and Conditions.
“Content” refers to any and all text, images, sounds, videos, and other material appearing on the Site, including User Content.
“Microneedling Pen” refers to our microneedling device and related accessories sold on the Site.
“Sergand,” “we,” “us,” or “our” refers to the owner of this Site.
“Site” refers to sergand.shop and all of its associated webpages and subdomains.
“User” refers to any person or entity accessing or using this Site.
“You” refers to the User.
2. Site Access and Use
a. Age Requirement. You must be at least 18 years old to access and use this Site. By accessing or using the Site, you represent and warrant that you are at least 18 years old.
b. Site Availability. We may, in our sole discretion and without notice, discontinue, suspend, or restrict this Site or any portion thereof at any time. The Site may become unavailable due to maintenance or malfunction of computer or network equipment or other reasons. We may permanently discontinue or limit access to the Site at any time without notice.
c. Acceptable Use. You agree to access and use this Site only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules, and regulations pertaining to your use of the Site.
d. Prohibited Conduct. You agree you will not use this Site to:
- Violate any local, state, national, or international laws or regulations;
- Harass, threaten, embarrass or cause distress, unwanted attention or discomfort to a person or entity;
- Transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or racially or ethically objectionable;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Transmit or otherwise make available any malicious or unauthorized data or code that would compromise the security or integrity of our network or systems;
- Reproduce, duplicate, copy, modify, sell, re-sell or otherwise commercially exploit any portion of this Site;
- Use any robot, spider, scraper, or other automated means to access this Site for any purpose;
- Post or transmit any file that contains viruses, worms, Trojan horses or any other contaminating or destructive features;
- To gain or attempt to gain unauthorized access to our computer network or interfere with the proper operation of this Site;
- Take any action that imposes an unreasonable load on our infrastructure, damages or gains unauthorized access to our system or network, or probes, scans or tests vulnerabilities of this Site.
e. Account Security. If we enable user account creation on this Site, details regarding your account security will be disclosed during the account creation process. You are fully and solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity associated with your account.
f. Right to Monitor. We reserve the right, but do not assume the obligation, to monitor use of this Site and your account to ensure adherence to these Terms and Conditions, as well as the right to remove or disable access to any User Content.
3. Intellectual Property Rights
a. Site Content. The content on this Site, including without limitation the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (“Content”), and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us and are protected by copyright, trademark and other intellectual property rights under the law. Content on this Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without our prior written consent.
b. User Content. By submitting or posting User Content on or through this Site, you grant us a worldwide, non-exclusive, sub-licensable, perpetual, irrevocable, royalty-free, fully paid-up, transferable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in any form, medium, or technology now known or later developed.
c. Trademarks. Sergand’s trademarks may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion among customers, or to disparage or discredit us.
4. Purchases and Online Commerce
a. Purchase Terms. If you wish to purchase a product available for sale on the Site, you must follow the procedures set forth on the Site. All purchases are subject to our policies then in effect, and any other policies or procedures presented at the time of purchase.
b. Product Representation. The images of products on the Site are for illustrative purposes only. The actual item you receive may vary slightly from the product as pictured or described on the Site due to the manufacturer’s specifications or due to improvements we may make in the product. We strive to provide information on the Site that is as accurate as possible, but cannot guarantee that product descriptions, colors, sizes, images, or other content on the Site is precise, complete, reliable, current, or error-free.
c. Product Availability. Items you may purchase from the Site are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue products without prior notice or to revise, improve, or otherwise modify product information or functionality without notice.
d. Orders. When you place an order for a product, we will send you a confirmation email with your order details and estimated delivery date. An order is not binding on us unless and until we accept and confirm your order. We may choose not to accept any orders in our sole discretion.
e. Shipping. When you purchase a physical product on the Site, the product will be shipped to you at the address you provide during the checkout process. Please ensure your shipping address is complete and accurate to avoid delays. We are not liable for lost shipments due to incomplete or inaccurate shipping addresses provided by you.
f. Taxes. You are responsible for any taxes and customs duties associated with your purchase, including any Value Added Tax.
g. Payments. All transactions are processed through third-party payment providers. You must abide by any relevant terms and conditions or other legal agreement with the applicable payment provider, including any applicable fees when making a purchase.
h. Returns. Products come with guarantees that cannot be excluded under consumer laws. You are entitled to a replacement or refund for a major failure of a product. You are also entitled to have the product repaired or replaced if the product fails to be of acceptable quality and the failure does not amount to a major failure. Please contact us to request a return or refund.
i. Warranty. The Microneedling Pen comes with a 1-year limited warranty against defects in materials and workmanship under normal and proper use. The warranty begins on the original purchase date. If a material or workmanship defect arises during the warranty period, we will repair or replace the product at our discretion. This warranty does not cover damage caused by misuse, accident, abuse, unauthorized modifications or alterations to the product, or other events beyond our reasonable control.
j. Disclaimers. Prices and availability of products on this Site are subject to change without notice. We do our best to provide an accurate description of items, but do not warrant that product descriptions or other Site content is accurate, complete, reliable, current, or error-free.
k. Limitation of Liability. Our liability for damages from any cause related to or arising out of this Agreement, regardless of the form of the claim or action, will not exceed the fees you paid to us under this Agreement. We will not be liable for lost profits or any special, indirect, incidental or consequential damages arising out of or in connection with this Agreement.
5. Indemnification
You agree to defend, indemnify and hold us harmless, along with our parents, subsidiaries, affiliates, successors or assigns, directors, officers, agents, co-branders, vendors, employees, attorneys, and service providers, from and against all claims, damages, liabilities, losses, government proceedings, and expenses (including attorneys’ fees) that arise from or relate to: your use or misuse of the Site; User Content you submit, post, transmit, or otherwise make available on or through this Site; your violation of this Agreement; or your violation of any rights of any other person or entity. We reserve the right to assume, at your expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise. You agree to fully cooperate with us in defending any such claim or action.
6. Third-Party Websites
The Site may contain links to third-party websites, resources and advertisers. You acknowledge and agree we are not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with us. You access and use third-party websites at your own risk. We encourage you to review the privacy policies and terms and conditions on those websites prior to use.
7. Limitations on Liability
We will not be liable for any harm related to your access to or use of the Site, including any indirect, incidental, special, consequential or punitive damages, whether under a theory of contract, tort, warranty, or any other legal theory.
8. Disclaimers and Limitation of Liability
a. No Warranties. THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
b. Limitation of Liability. In no event will we be liable for any direct, indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from your use of or inability to access and use this Site. This applies without limitation to loss or damage you may incur if we fail to comply with this Agreement or resulting from viruses, errors, omissions, interruptions, defects, delays in operation or transmission, communications failure, theft or destruction or unauthorized access to or use of any records or content, even if we have been advised of the possibility of such damages. Access to and use of this Site is at your own discretion and risk, and you will be solely responsible for any resulting damage to your device or computer system, loss or corruption of data, and any other loss that results.
c. Indemnity. To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Sergand, our affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses arising from: (i) your access to or use of the Site; (ii) your violation of any term or condition of this Agreement; or (iii) your violation of any third-party rights, including intellectual property rights.
d. Release. You hereby forever waive, release and discharge Sergand and our directors, officers, agents, employees and representatives from, and will neither sue nor bring any proceeding against any other party for, any claim, loss or damage, whether known or unknown, existing now or arising in the future, relating to your access to or use of the Site.
e. Applicable Law. These Terms will be governed by the laws of the State of Tennessee, without regard to conflict of law principles. Any disputes relating to your access to or use of the Site will be subject to the exclusive personal jurisdiction and venue of the state and federal courts located in Nashville, Tennessee.
9. Changes to the Terms
We reserve the right to modify these Terms from time to time at our sole discretion. If we make any changes, we will update the Last Updated date at the top of this page. By continuing to access or use the Site after any changes become effective, you agree to be bound by the revised Terms.
10. Digital Millennium Copyright Act (DMCA) Notice
We respect the intellectual property rights of others. Anyone who believes their work has been reproduced in a way that constitutes copyright infringement may notify our agent by providing the following information:
a. Identification of the copyrighted work that you claim has been infringed, or a representative list if multiple works are covered;
b. Identification of the infringing material and information reasonably sufficient to permit us to locate the material on our Site (providing the URL of the page on our Site is the best way to help us locate content quickly);
c. Your contact information, including full legal name, mailing address, telephone number and email address;
d. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or by law;
e. A statement, under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
f. An electronic or physical signature of the copyright owner or someone authorized to act on behalf of the owner.
Notices of infringement should be sent to our designated agent: [email protected]
We will respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act.
11. Entire Agreement
This Agreement constitutes the entire agreement between you and Sergand with respect to this Site and supersedes all prior agreements and understandings.
Contact Us
If you have any questions about these Terms, please contact us at:
Sergand
123 Main St.
Nashville, TN 37201
Email: [email protected]
