Terms and Conditions
1. Introduction
These Terms and
Conditions constitute a legal agreement between you and Simple Agency US, LLC
concerning the terms of use with which visitors of petani-style.com (including
all subsidiary webpages) must comply. We use such terms as “You,” “Your” to
refer to the individual visiting or using this website, any other person or
entity on whose behalf you are visiting or using this website, and any person
or entity that has permission from you to visit or use this website. Simple
Agency US, LLC reserves the right to update or modify the Terms and Conditions
at any time without prior notice, and therefore, we encourage you to review our
Terms and Conditions whenever you visit our website; each subsequent visit or
use of this website constitutes your agreement to the updated Terms and
Conditions. 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 the
date you first viewed, used or accessed the website until thirty (30) years
from the last date on which you accessed, viewed or used our website. If you
have any questions regarding any of our policies, please contact our Customer
Service.
2. Copyright and
Ownership
Petani-style.com
is exclusively owned and operated by Simple Agency US, LLC. The address of
Simple Agency US, LLC is 2695 Villa Creek Dr, Dallas, TX 75234. Unless
otherwise noted, all content featured on this website, including texts,
graphics and other materials, is considered intellectual property owned,
controlled or licensed by Simple Agency US, LLC, protected by copyright,
trademark, trade dress, and/or patent. Since all the rights, titles and
interests are reserved, in no event they can be used by a third party without
the written permission of Simple Agency US, LLC.
Any use of our
website and its content for purposes other than personal and noncommercial is
prohibited without the written permission of Simple Agency US, LLC. No
individual or organization has the right to reproduce, publish, display,
modify, sell or distribute any of the content on this website.
3. Limitation of
Liability
Simple Agency
US, LLC cannot guarantee that the function or operation of this website will be
uninterrupted, that defects will be corrected or that this website or the
server that runs it will be free of errors or viruses. Any user of our website
assumes full responsibility for any cost associated with the use of this
website and needs to take into consideration that their access to this website
is undertaken at their own risk. Simple Agency US, LLC is not responsible for
any 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 the
possibility of such damages, related to your use of our website or your
inability to access it.
If any of the
above listed problems occur, you agree that your sole remedy is to cease using
this website. In the event of any problem with the product that you have
purchased through Simple Agency US, LLC, you agree that your sole remedy, if
any, from the manufacturer of the products or the supplier of such services, in
accordance with such manufacturer’s or supplier’s warranty, or to seek a return
or refund for such product in accordance with the Returns and Refunds Policy of
Simple Agency US, LLC. Other than the foregoing sole remedy, you
agree that Simple Agency US, LLC is not responsible for any damage or other
sums in any amount arising from or related to your use or inability to use this
website. The parties agree that the limitations in this section are an
essential part of the basis of the bargain between you and Simple Agency US, LLC.
These limitations will apply even if any limited remedy fails to perform its
inherent purposes.
4. Inaccuracies
and Omissions
Here at Simple
Agency US, LLC, we make every effort to present recent, accurate and reliable
information on our website at all times. Nevertheless, there may be occasions
when some of the information featured on this website may contain errors,
including inaccuracies or incomplete data. Please note that any errors are
unintentional, and we apologize if erroneous information affects your order in
any way. However, be aware that we make no warranty as to the accuracy of the
content, neither expressed nor implied. We reserve the right to amend errors
and update product information at any time without prior notice. In the event a
Simple Agency US, LLC product is listed at an incorrect price due to any error,
Simple Agency US, LLC shall have the right to cancel any orders placed for this
incorrectly priced product. Simple Agency US, LLC reserves the right to cancel
such orders regardless of whether or not the order has been confirmed or your
credit card or checking account charged. If your credit card or checking
account has already been charged for the purchase, and your order is cancelled,
Simple Agency US, LLC will issue a refund to your credit card account in the
amount of the incorrectly charged price.
5. Purchase
Order Terms
The products you
can see on our website will be manufactured according to your order. The terms
of production depend of the type of product, quantity, availability of
necessary materials in stock, the company’s workload are negotiated
individually with each new purchase. Generally, it takes 10 to 30 business days
to perform an order.
The minimum
quantity 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 start
manufacturing the items right after signing the contract or receiving
prepayment.
6. Prices and
Discounts
All prices on our website are stated in US dollars. Each price includes the production cost, the markup of Simple Agency US, 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 Shipping
Terms
The term FOB
(Free On Board Shipping Point) indicates that the seller pays for
transportation of the goods to the port of shipment (which in our case is
Odessa, Ukraine), and the buyer, in their turn, takes ownership at the point of
departure, undertaking the risks and rewards of ownership. Also, under FOB
shipping point terms, the buyer is responsible for the cost of shipping the
product to its facility.
If the goods are
damaged in transit, it’s the buyer’s responsibility to file a claim with the
insurance carrier.
8. Color,
Texture and Details
We make every
effort to display the colors, textures and details of the products that appear
on this website as accurately as possible. Nevertheless, be aware that the actual
colors, texture and details you see on your screen will depend on the monitor
of your device; therefore, we cannot guarantee that such display of any color,
texture or detail will be accurate.
9. Website
Transactions
Simple Agency
US, 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 customer
account or the same credit card and/or checking account and/or orders that use
the same billing and/or shipping address. We may to limit or prohibit orders
that appear, in our judgment, to be placed by dealers, distributors or
resellers that aim to take advantage of our products.
10. Shipment
Policies
Simple Agency
US, LLC offers different options of shipment and delivery. Once an order is
placed based on DDP (Delivered Duty Paid) terms (implying that the seller
fulfills his obligation to deliver the goods available at the named place of
importation, and the seller bears the risks and costs, including duties, taxes
and other charges of delivering the goods thereto, cleared for importation), it
will be shipped to the address designated by the purchaser as long as that
shipping address is compliant with the shipping restrictions contained on this
website. Every purchase from petani-style.com is subject to a shipment
contract. Therefore, risk of loss and title for items purchased from this
website pass to you upon delivery of the item(s) to the carrier. The purchaser
is responsible for filing any claims with carriers for damaged and/or lost
items.
11.
Indemnification
As a customer,
you agree to indemnify, defend, and hold harmless Simple Agency US, LLC - its
officers, directors, employees, agents, licensors, successors, and assigns from
and against all losses, expenses, damages, and costs, including reasonable
attorneys' fees, resulting from any violation of these Terms and Conditions or
any 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’s
our priority to respond quickly to applicable messages, Simple Agency US, LLC
is under no obligation to respond to all pieces of correspondence received
through petani-style.com, or to maintain your submitted messages in confidence
or to provide compensation of any kind for your comments or submissions. While
we welcome your comments regarding petani-style.com, we ask you not to send us
any confidential or proprietary ideas, suggestions, materials, or information
via any method of communication. Please note that all of the comments,
suggestions, ideas and other submissions disclosed or submitted to Simple
Agency US, LLC will become and remain the property of Simple Agency US, LLC. By
reading this you agree that your correspondence shall not violate any third
party including copyright, trademark, privacy or other personal or proprietary
right. You further agree that your correspondence shall not contain unlawful,
abusive or obscene material, viruses or other malware that could in any way
affect the operation of this website. Any such disclosure by you is a
declaration of the full release of all proprietary claims and/or intellectual
rights regarding such submission. Unless required by law, we will not use your name
in connection with any such materials, information, suggestions and ideas or
comments without first obtaining your permission. You are not permitted to use
a false email address, pretend to be another person or mislead Simple Agency
US, LLC or third parties we are working with as to the origins of any
correspondence. You are solely responsible for the accuracy of any
correspondence you have with us. Simple Agency US, LLC is not responsible and
assumes no liability for any correspondence we receive from this website’s
visitors and users.
13. Unlawful or
Prohibited Use
As a user of petani-style.com,
you warrant to Simple Agency US, LLC that you shall not use this website for
any purpose that is unlawful or prohibited by our company’s Terms and
Conditions.
14. Account
Security
When you create
a password associated with your account on our website, you assume the
responsibility for maintaining its confidentiality. Therefore, you understand
and agree that you are responsible for any purchases made from your account. If
you become aware of any unauthorized use of your account, please notify Simple
Agency US, LLC Customer Service immediately.
15. Linked
Websites
This website
contains links to other websites that are not under the control of Simple
Agency US, LLC. Simple Agency US, LLC has no responsibility for the content of
these websites. Links are provided solely for the convenience and information
of this website’s users and visitors.
16. Personal and
Business Information
Any submission
of personal and business information through this website is regulated by this
website’s Privacy and Security Policy, which incorporates the Terms and
Conditions of this website.
17. Disclaimer
All content on
this website is provided to our customers without warranties of any kind,
neither expressed nor implied, including warranties of title, implied
warranties of merchantability, implied warranties of fitness for a particular
purpose, or non-infringement of intellectual property. We disclaim any duty to
update or revise any content on this website, although we may modify content at
any time without prior notice. We are not responsible for damages of any kind
related to or caused by your use of petani-style.com.
18. Dispute
Resolution
By using this
website, you agree to submit any and all disputes between you and simple agency
us, LLC, arising from or related to the website, including but not limited to
any dispute regarding the interpretation, violation, invalidity,
non-performance, or termination of these terms and conditions, to final and
binding individual arbitration. Such arbitration shall be held in Dallas,
Texas, before a single arbitrator, conducted under the rules of arbitration of
the American arbitration association applying the law of Texas. Your usage of
our website implies that you explicitly consent and agree to this arbitration
provision.
The discovery in
arbitration may be more limited than one in court. The arbitrator must follow
these terms and conditions. The arbitration provision will survive termination
of any agreement between Simple Agency US, LLC and you.
In spite of the
other elements of the section 17, nothing in this section will be deemed to
waive, preclude, or otherwise limit either of our rights, at any time, to bring
an individual action in a “small claims” court in Dallas county, Texas in case
when both parties agree to such venue, or to file suit in a court of law in
Dallas county, Texas on an individual basis, to address intellectual property
infringement claims.
The rules of the
American arbitration association, as well as instructions on how to file an
arbitration proceeding with the AAA, are available at www.adr.org. The
telephone number of the ADR is 1-800-778-7879.
The customer’s
arbitration fees and their share of arbitrator’s compensation or fees will be
limited to those amounts set forth in the AAA’s consumer rules with the
remainder paid by simple agency us, LLC. If the arbitrator finds that either
the substance of your claim or the relief sought in the demand is frivolous or
brought for an improper purpose (as measured by the standards set forth in
Federal Rule Of Civil Procedure 11(b)), then the payment of all fees will be
governed by the AAA rules. In such case, the customer agrees to reimburse
simple agency us, LLC for all sums and amounts previously disbursed by it that
are otherwise their obligation to pay under the AAA rules. Regardless of the
manner in which the arbitration is conducted, the arbitrator shall issue a
reasoned written decision sufficient to explain the essential findings and
conclusions on which the decision and award, if any, are based. The arbitrator
may make rulings and resolve disputes as to the payment and reimbursement of
fees or expenses at any time during the proceeding and upon request from either
party made within 14 days of the arbitrator’s ruling on the merits. The
arbitrator’s decision may be enforced in any court of competent jurisdiction.
If you are not
located in the united states, neither have business here, any arbitration
between you and simple agency us, LLC will be settled under the rules of
arbitration of the International Chamber Of Commerce (ICC) then inforced by one
or more arbitrators appointed in accordance with the ICC rules, as modified by
these developer terms, and will be administered by the international court of
arbitration of the ICC. Such arbitration will take place in Dallas, Texas, USA.
19. Waiver
Waiver of any of
these Terms and Conditions shall not be considered a waiver of any other of our
Terms and Conditions. If any Term or Condition is deemed unenforceable or
invalid for any reason, that provision shall be severable from remaining
provisions, which shall remain in effect. These Terms and Conditions constitute
the entire agreement between you and Simple Agency US, LLC concerning your use
of petani-style.com.
20. Other
Any claim or dispute arising out of or relating to these Terms and Conditions, including but not limited to the website, will be regulated by and construed in accordance with the laws of the State of Texas, without regard to its choice of law or conflict of law principles. Unless prohibited by law, any claim or dispute must be brought within six (6) months from the date the cause of action arises, and any claim not brought within such period is void and/or irrevocably waived. For any claim or dispute arising out of or relating to these Terms and Conditions, including but not limited to the website, to the extent the Arbitration provision above in Section 17 is not applicable, shall be subject to the exclusive jurisdiction of state or federal courts located in Dallas County, Texas, and any customer claiming against Simple Agency US, LLC must submit to the personal jurisdiction of such court.