Terms and Conditions
1. Introduction
These Terms andConditions constitute a legal agreement between you and PETANI LLCconcerning the terms of use with which visitors of petani-style.com (includingall subsidiary webpages) must comply. We use such terms as “You,” “Your” torefer to the individual visiting or using this website, any other person orentity on whose behalf you are visiting or using this website, and any personor entity that has permission from you to visit or use this website. PETANI LLC reserves the right to update or modify the Terms and Conditionsat any time without prior notice, and therefore, we encourage you to review ourTerms and Conditions whenever you visit our website; each subsequent visit oruse of this website constitutes your agreement to the updated Terms andConditions. The last update of these Terms and Conditions was made on May 26,2016. The content of these Terms and Conditions continues to apply from thedate you first viewed, used or accessed the website until thirty (30) yearsfrom the last date on which you accessed, viewed or used our website. If youhave any questions regarding any of our policies, please contact our CustomerService.
2. Copyright andOwnership
Petani-style.comis exclusively owned and operated by PETANI LLC. The address ofPETANI LLC is 2695 Villa Creek Dr, Dallas, TX 75234. Unlessotherwise noted, all content featured on this website, including texts,graphics and other materials, is considered intellectual property owned,controlled or licensed by PETANI LLC, protected by copyright,trademark, trade dress, and/or patent. Since all the rights, titles andinterests are reserved, in no event they can be used by a third party withoutthe written permission of PETANI LLC.
Any use of ourwebsite and its content for purposes other than personal and noncommercial isprohibited without the written permission of PETANI LLC. Noindividual or organization has the right to reproduce, publish, display,modify, sell or distribute any of the content on this website.
3. Limitation ofLiability
PETANI LLC cannot guarantee that the function or operation of this website will beuninterrupted, that defects will be corrected or that this website or theserver that runs it will be free of errors or viruses. Any user of our websiteassumes full responsibility for any cost associated with the use of thiswebsite and needs to take into consideration that their access to this websiteis undertaken at their own risk. PETANI LLC is not responsible forany damage caused by errors or viruses, whether based on warranty, contract,tort, statue, rule or any other legal theory and whether or not notified of thepossibility of such damages, related to your use of our website or yourinability to access it.
If any of theabove listed problems occur, you agree that your sole remedy is to cease usingthis website. In the event of any problem with the product that you havepurchased through PETANI LLC, you agree that your sole remedy, ifany, from the manufacturer of the products or the supplier of such services, inaccordance with such manufacturer’s or supplier’s warranty, or to seek a returnor refund for such product in accordance with the Returns and Refunds Policy ofPETANI LLC. Other than the foregoing sole remedy, youagree that PETANI LLC is not responsible for any damage or othersums in any amount arising from or related to your use or inability to use thiswebsite. The parties agree that the limitations in this section are anessential part of the basis of the bargain between you and PETANI LLC.These limitations will apply even if any limited remedy fails to perform itsinherent purposes.
4. Inaccuraciesand Omissions
Here at PETANI LLC, we make every effort to present recent, accurate and reliableinformation on our website at all times. Nevertheless, there may be occasionswhen some of the information featured on this website may contain errors,including inaccuracies or incomplete data. Please note that any errors areunintentional, and we apologize if erroneous information affects your order inany way. However, be aware that we make no warranty as to the accuracy of thecontent, neither expressed nor implied. We reserve the right to amend errorsand update product information at any time without prior notice. In the event aPETANI LLC product is listed at an incorrect price due to any error,PETANI LLC shall have the right to cancel any orders placed for thisincorrectly priced product. PETANI LLC reserves the right to cancelsuch orders regardless of whether or not the order has been confirmed or yourcredit card or checking account charged. If your credit card or checkingaccount has already been charged for the purchase, and your order is cancelled,PETANI LLC will issue a refund to your credit card account in theamount of the incorrectly charged price.
5. PurchaseOrder Terms
The products youcan see on our website will be manufactured according to your order. The termsof production depend of the type of product, quantity, availability ofnecessary materials in stock, the company’s workload are negotiatedindividually with each new purchase. Generally, it takes 10 to 30 business daysto perform an order.
The minimumquantity of items for one order is:
- 200 pairs of footwear of any model and size
- 10 jackets of any model and size
- 1000 pairs of socks of any model and size
We startmanufacturing the items right after signing the contract or receivingprepayment.
6. Prices andDiscounts
All prices on our website are stated in US dollars. Each price includes the production cost, the markup of PETANI LLC and the fee required by FOB Odessa, Ukraine.
Prepayment is 50% before start of production and 50 % when goods are in the port.
QC inspection will be provided before the shipment. It includes video and photo report for customer check. Customers representatives are also welcome.
We provide discounts based on your order quantity.
7. FOB ShippingTerms
The term FOB(Free On Board Shipping Point) indicates that the seller pays fortransportation of the goods to the port of shipment (which in our case isOdessa, Ukraine), and the buyer, in their turn, takes ownership at the point ofdeparture, undertaking the risks and rewards of ownership. Also, under FOBshipping point terms, the buyer is responsible for the cost of shipping theproduct to its facility.
If the goods aredamaged in transit, it’s the buyer’s responsibility to file a claim with theinsurance carrier.
8. Color,Texture and Details
We make everyeffort to display the colors, textures and details of the products that appearon this website as accurately as possible. Nevertheless, be aware that the actualcolors, texture and details you see on your screen will depend on the monitorof your device; therefore, we cannot guarantee that such display of any color,texture or detail will be accurate.
9. WebsiteTransactions
PETANI LLC reserves the right to refuse, limit or cancel any order placed with us.These restrictions may include orders placed by or under the same customeraccount or the same credit card and/or checking account and/or orders that usethe same billing and/or shipping address. We may to limit or prohibit ordersthat appear, in our judgment, to be placed by dealers, distributors orresellers that aim to take advantage of our products.
10. ShipmentPolicies
PETANI LLC offers different options of shipment and delivery. Once an order isplaced based on DDP (Delivered Duty Paid) terms (implying that the sellerfulfills his obligation to deliver the goods available at the named place ofimportation, and the seller bears the risks and costs, including duties, taxesand other charges of delivering the goods thereto, cleared for importation), itwill be shipped to the address designated by the purchaser as long as thatshipping address is compliant with the shipping restrictions contained on thiswebsite. Every purchase from petani-style.com is subject to a shipmentcontract. Therefore, risk of loss and title for items purchased from thiswebsite pass to you upon delivery of the item(s) to the carrier. The purchaseris responsible for filing any claims with carriers for damaged and/or lostitems.
11.Indemnification
As a customer,you agree to indemnify, defend, and hold harmless PETANI LLC - itsofficers, directors, employees, agents, licensors, successors, and assigns fromand against all losses, expenses, damages, and costs, including reasonableattorneys' fees, resulting from any violation of these Terms and Conditions orany activity related to your account (including negligent or wrongful conduct)by you or any other person visiting this website using your Internet account.
12.Correspondence Policies
Although it’sour priority to respond quickly to applicable messages, PETANI LLCis under no obligation to respond to all pieces of correspondence receivedthrough petani-style.com, or to maintain your submitted messages in confidenceor to provide compensation of any kind for your comments or submissions. Whilewe welcome your comments regarding petani-style.com, we ask you not to send usany confidential or proprietary ideas, suggestions, materials, or informationvia any method of communication. Please note that all of the comments,suggestions, ideas and other submissions disclosed or submitted to PETANI LLC will become and remain the property of PETANI LLC. Byreading this you agree that your correspondence shall not violate any thirdparty including copyright, trademark, privacy or other personal or proprietaryright. You further agree that your correspondence shall not contain unlawful,abusive or obscene material, viruses or other malware that could in any wayaffect the operation of this website. Any such disclosure by you is adeclaration of the full release of all proprietary claims and/or intellectualrights regarding such submission. Unless required by law, we will not use your namein connection with any such materials, information, suggestions and ideas orcomments without first obtaining your permission. You are not permitted to usea false email address, pretend to be another person or mislead PETANI LLC or third parties we are working with as to the origins of anycorrespondence. You are solely responsible for the accuracy of anycorrespondence you have with us. PETANI LLC is not responsible andassumes no liability for any correspondence we receive from this website’svisitors and users.
13. Unlawful orProhibited Use
As a user of petani-style.com,you warrant to PETANI LLC that you shall not use this website forany purpose that is unlawful or prohibited by our company’s Terms andConditions.
14. AccountSecurity
When you createa password associated with your account on our website, you assume theresponsibility for maintaining its confidentiality. Therefore, you understandand agree that you are responsible for any purchases made from your account. Ifyou become aware of any unauthorized use of your account, please notify PETANI LLC Customer Service immediately.
15. LinkedWebsites
This websitecontains links to other websites that are not under the control of PETANI LLC. PETANI LLC has no responsibility for the content ofthese websites. Links are provided solely for the convenience and informationof this website’s users and visitors.
16. Personal andBusiness Information
Any submissionof personal and business information through this website is regulated by thiswebsite’s Privacy and Security Policy, which incorporates the Terms andConditions of this website.
17. Disclaimer
All content onthis website is provided to our customers without warranties of any kind,neither expressed nor implied, including warranties of title, impliedwarranties of merchantability, implied warranties of fitness for a particularpurpose, or non-infringement of intellectual property. We disclaim any duty toupdate or revise any content on this website, although we may modify content atany time without prior notice. We are not responsible for damages of any kindrelated to or caused by your use of petani-style.com.
18. DisputeResolution
By using thiswebsite, you agree to submit any and all disputes between you and PETANI LLC, arising from or related to the website, including but not limited toany dispute regarding the interpretation, violation, invalidity,non-performance, or termination of these terms and conditions, to final andbinding individual arbitration. Such arbitration shall be held in Dallas,Texas, before a single arbitrator, conducted under the rules of arbitration ofthe American arbitration association applying the law of Texas. Your usage ofour website implies that you explicitly consent and agree to this arbitrationprovision.
The discovery inarbitration may be more limited than one in court. The arbitrator must followthese terms and conditions. The arbitration provision will survive terminationof any agreement between PETANI LLC and you.
In spite of theother elements of the section 17, nothing in this section will be deemed towaive, preclude, or otherwise limit either of our rights, at any time, to bringan individual action in a “small claims” court in Dallas county, Texas in casewhen both parties agree to such venue, or to file suit in a court of law inDallas county, Texas on an individual basis, to address intellectual propertyinfringement claims.
The rules of theAmerican arbitration association, as well as instructions on how to file anarbitration proceeding with the AAA, are available at www.adr.org. Thetelephone number of the ADR is 1-800-778-7879.
The customer’sarbitration fees and their share of arbitrator’s compensation or fees will belimited to those amounts set forth in the AAA’s consumer rules with theremainder paid by PETANI LLC. If the arbitrator finds that eitherthe substance of your claim or the relief sought in the demand is frivolous orbrought for an improper purpose (as measured by the standards set forth inFederal Rule Of Civil Procedure 11(b)), then the payment of all fees will begoverned by the AAA rules. In such case, the customer agrees to reimbursePETANI LLC for all sums and amounts previously disbursed by it thatare otherwise their obligation to pay under the AAA rules. Regardless of themanner in which the arbitration is conducted, the arbitrator shall issue areasoned written decision sufficient to explain the essential findings andconclusions on which the decision and award, if any, are based. The arbitratormay make rulings and resolve disputes as to the payment and reimbursement offees or expenses at any time during the proceeding and upon request from eitherparty made within 14 days of the arbitrator’s ruling on the merits. Thearbitrator’s decision may be enforced in any court of competent jurisdiction.
If you are notlocated in the united states, neither have business here, any arbitrationbetween you and PETANI LLC will be settled under the rules ofarbitration of the International Chamber Of Commerce (ICC) then inforced by oneor more arbitrators appointed in accordance with the ICC rules, as modified bythese developer terms, and will be administered by the international court ofarbitration of the ICC. Such arbitration will take place in Dallas, Texas, USA.
19. Waiver
Waiver of any ofthese Terms and Conditions shall not be considered a waiver of any other of ourTerms and Conditions. If any Term or Condition is deemed unenforceable orinvalid for any reason, that provision shall be severable from remainingprovisions, which shall remain in effect. These Terms and Conditions constitutethe entire agreement between you and PETANI LLC concerning your useof petani-style.com.
20. Other
Any claim or disputearising out of or relating to these Terms and Conditions, including but notlimited to the website, will be regulated by and construed in accordance withthe laws of the State of Texas, without regard to its choice of law or conflictof law principles. Unless prohibited by law, any claim or dispute must bebrought within six (6) months from the date the cause of action arises, and anyclaim not brought within such period is void and/or irrevocably waived. For anyclaim or dispute arising out of or relating to these Terms and Conditions,including but not limited to the website, to the extent the Arbitrationprovision above in Section 17 is not applicable, shall be subject to theexclusive jurisdiction of state or federal courts located in Dallas County,Texas, and any customer claiming against PETANI LLC must submit tothe personal jurisdiction of such court.