Terms of Service, Privacy, Returns. Exciting!

Vibrantry.com is the dba name of this business, but Vibrantry or Vibrantry.com may be used interchangeably. "Our" and "we" and "us" and "our team" and any other self-electing/referencing noun refers to Vibrantry.com or Vibrantry. 

 

You can contact us at hi@vibrantry.com or at 805-666-2289 for any questions, comments, concerns, and encouragement.

 

RETURNS

 

----

 

Actual returns leave an unnecessary carbon footprint, especially for perishable returns, like coffee, for example. 

Therefore, what we'd like to do is allow you to keep products you have a problem with and either use/dispose/donate (of) them (did you know coffee grounds have been used as a bug repellent?), and provide you with a refund or free bag (if applicable) of your choice once you've emailed hi@vibrantry.com with the problem whether that's a lack of an arrival, damage, incorrect item, etc. We request that you please send a picture of the bag or good, the order number, and, again, the specific issue, so that we can best remedy the challenge and better serve you in the future.

If you have a problem with a coffee kit order, please let us know what the problem is. We will stick to the same non-returnable policy, but can definitely work with you on a refund.

Due to the seasonality of coffee, it's possible that if the request is not made in time, that particular product may not be available any longer for reorder. In this rare circumstance, please let us know what your next best choice is if you specifically wanted the same product again.

Our policy on our subscription(s) service(s) is as follows:  to modify or cancel your subscription quickly, you can use the https://www.vibrantry.paywhirl.com or click this link: "PayWhirl" to log in to your portal, or email hi@vibrantry.com and we will help you. Read a continuously updated document "here" about how their team securely provides the subscription software we use. It describes how they prioritize security of you, your data, processing, logistics, financial, and website security. We only intend to use high-quality software pieces highly rated among other business operators.

 

Additional non-returnable items:

* Gift cards

* Downloadable software products/PDFs/guides/brochures

* Some health and personal care items

* Discount codes

* Items sold or gifted at retail or discounted pricing or free sales pricing.

* Tickets sold or free coffee given out. Exceptions may apply, please see the email address, "hi@vibrantry.com" for help.

 

Please do not send your purchase back to the manufacturer, as there most likely will be no resulting action to be taken from their end. If you are dissatisfied, email hi@vibrantry.com with questions/concerns/problems, and we will do our best to get back to you quickly.

  

Gifts

If the item was marked as a gift when purchased and shipped directly to you, and you have an issue with the product, please email us at our contact email address and we will do our best to get back to you.

 

Special Situations

If an issue arises that you believe warrants feedback, potential refunding,potential replacement, or some type of solution from our team, please email us at our contact email address and we will do our best to get back to you quickly. We want 

We want the customer to be happy at the end of the day.

 

Depending on where you live, the time it may take for your exchanged product to reach you may vary.

 

Hours of Operation:

 

Our supplier's roasting hours and business operation hours may differ from our own hours of business operation, and thus there may be differentiation, or, a differential, in fulfillment/shipping times as a result. We can only fulfill and qualify orders as quickly as our team is available, and although our mission is to deliver fresh coffee to your doorstep, this process can only get more efficient with time. We apologize if there are any inconveniences, and please give us feedback so we know how to accommodate issues of which we are unaware. 

Vibrantry.com hours of operation are fluid and up to our discretion for now as we do not have the manpower we would want to set a specific schedule. As a result of working with different suppliers that each may have different hours of operation and hours of roasting, we will perform to the best of our abilities to receive, fulfill, and get orders shipped as quickly as we receive them. Again, with time and further automation, this process should become more convenient for all parties involved.

With any pre-orders, we will fulfill them at along the same timeline as our internet-driven orders! We optimize for time since freshness matters. This holds true for any subscription offered in the future as well

----

  

 

 

 

 

 

 

 

 

 

 

 

 

PRIVACY STATEMENT

 

----

 

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

 

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address, among other items.

 

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. 

 

Email marketing: With your permission, we may send you emails about our store, new products and other updates. By filling out the account information available to fill out on our site, we will provide you with updates and information and opportunities to purchase other products or services. To opt out, refer to the contact email address. 

 

Text/Call marketing: We assume that by texting any phone number provided on our site, internet accounts, social media accounts, or through any medium of communication, you are giving us permission to send SMS/MMS/text messages about anything that we deem appropriate for the purpose of our business operations. If we make any grammatical errors, fail to promptly respond, send a confusing message, send any content that you deem offensive or unethical, or send something that you believe is incorrect, among other assumptions that can be made, we apologize. However, we assume no liability or responsibility for/to/in predict(ing) what you deem/assume as any of the above outcomes. We hold ourselves to high standards and aspire to grow a business, which cannot be done unless we understand what people do not appreciate. We will hold your privacy in high regard, and intend to use phone number/contact info to only support you throughout our relationship as business and customer. Please let us know at hi@vibrantry.com if you wish to be removed from the texting service we use. You can also request this removal via texting or calling the number provided. If you call and/or leave a voicemail, we assume that you've given us permission to call you back and/or save voicemails to use for operational purposes, such as removing you from a list of people we market to.

 

 

SECTION 2 - CONSENT

 

How do you get my consent?

 

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

 

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. Via browsing our website, social accounts, internet accounts, in-person physical events, or other third party apps we use to operate, we assume that you have given us permission to operate our business by using information you provide on/in/as a result of those sources. This may include third party software/sites/companies such as Shopify, Google / YouTube, Facebook / Instagram, Shopify third party App integrations like ShipStatio, PayWhirl, Tidio, and Zoho, Samsung, Apple, Eventbrite, among others that we have to use in order to remain competitive in today's Internet Age. We don't practice the sale of data. We simply use these sources of products that require user information in order to operate and maintain our own business operations.

 

 

How do I withdraw my consent?

 

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at our contact email address or mailing us at:

hi@vibrantry.com (internet may cost money)

or by texting/leaving voicemail at

(805) 666-2289 (network/data/exchange rates/phone plan charges apply).

 

 

SECTION 3 - DISCLOSURE

 

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

 

 

SECTION 4 - SHOPIFY

 

Our site and store and service are provided with the help of tools and other companies, all of which you hold not responsible for any issues experienced while using our services, products, or website.

 

Additionally, we are not responsible or liable for any misinformation, incorrect data or information, or anything seemingly wrongful on our website. We say this because we strive to upkeep and update our site as best as possible.

 

 

*Payment:

 

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

 

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

 

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

We also use Square, PayPal, Amazon, and Wells Fargo as financial service/account/payment/processor/other providers. We aspire to keep your data secure, as that is the only way operating a business makes sense to us.

 

For more insight, you may also want to read Shopify’s Terms of Service or Privacy Statement.

 

 

SECTION 5 - THIRD-PARTY SERVICES

 

 

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us, which in this case is everything provided to us in any transaction that takes place via our site. The model is a drop-shipping model, so by purchasing a product or service from our site, it is necessary by our model to send that information to the third party, such as a coffee roaster company, in order for the purchased offering to be fulfilled. If you have concerns or questions, always email us. If you notice somehow that you believe there is an association between a transaction and a privacy concern, feel free to reach out.

 

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

 

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

 

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

 

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

 

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

 

Links

 

When you click on links on our store or on any social media/internet account we have, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

 

 

*SECTION 6 - SECURITY

 

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

 

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards. Again, via our dropshipping model, this information may be needed by a third party in order to fulfill a purchased offering. We take privacy very seriously, and if you have any concerns, please follow up with us.

 

 

*COOKIES

 

Here is a list of cookies that we use. We’ve listed them here so you can choose if you want to opt-out of cookies or not.

 

_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).

 

_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits

 

_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.

 

cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.

 

_secure_session_id, unique token, sessional

 

storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

 

 

 

SECTION 7 - AGE OF CONSENT

 

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

 

SECTION 8 - CHANGES TO THIS PRIVACY POLICY

 

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

 

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

 

 

QUESTIONS AND CONTACT INFORMATION

 

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, please email hi@vibrantry.com.

 

EXTRA, EXTRA, READ ALL ABOUT IT

 

* items are subject to change at anytime at our discretion, due to our inability to guarantee the use of one payment provider over any certain time period. Payment, Cookies, Security Section(s) and sub-Section(s) are subject to the same type of change at our discretion, as the policy will change with different third-party service providers. If you have questions on any of these sections, feel free to reach out to our contact email address prior to purchasing anything off of our site. We want all customers to feel a sense of privacy and safety while using our site.

 

 

----

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TERMS OF SERVICE

 

----

 

OVERVIEW

 

This website is operated by Vibrantry.com, and/or Vibrantry. Throughout the site, the terms “we”, “us” and “our” refer to Vibrantry.com. Vibrantry.com and/or Vibrantry offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Our store and subscription service has been provided by a number of resources and companies, with which all customers and users of our site will not hold responsible for mishaps in process or product. 

 

 

SECTION 1 - ONLINE STORE TERMS

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

 

SECTION 2 - GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone for any reason at any time.

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our products are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

 

We have made every effort to display as accurately as possible the colors, quantities available, and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate, nor that we will be perfectly accur

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

We cannot guarantee that the quality of the products shipped to you, as has been mentioned, due to our inability to process the products before they are shipped. We will not be held responsible for any ensuing issues with your experience, as we do not manufacture or ship the products ourselves, only advertise and eventually review them with our own opinions and technologies that are unassociated with our partners’.

At the same time, we encourage you to reach out to us at hi@vibrantry.com as we actively want to be aware of any issues so we can look to resolve them as soon as we can effect the resolution. We can't run a business without customers, and we can't increase customer satisfaction without running the business well and in an improving state.

 

Proposition 65 Warning:

"Proposition 65 requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm. These chemicals can be in the products that Californians purchase, in their homes or workplaces, or that are released into the environment."

For instance, plastic may include some chemicals listed on the site linked above. We're posting this here so that you're aware of its existence, as it is on major retailer's websites.

COVID-19 / other potential health challenges

We will do our best to keep our customers as safe as possible. We cannot, however, guarantee any outcomes. Please use caution and the correct authoritative guidelines when purchasing our and/or any other company's products. If you feel unsafe from the status of your order upon its arrival, let us know. Telling us if something seems wrong will allow us to better serve you and others in the future.

More

As we operate, we will make changes to our subscription service and marketplace when needed. We cannot guarantee that the product(s) you('re) order(ed)(ing) will arrive on time every time an order is placed, as we do not currently handle shipping and handling. We use the fulfilling process set in place from our partnerships, and by agreeing to these terms and conditions, you agree to not hold Vibrantry.com, Vibrantry, our website, or our partners responsible for the timeliness or lack thereof of arrival of products. Additionally, we cannot guarantee that, although the information displayed on our website in accordance with order processing is accurate to our the best of our abilities, our partners will hold to the same integrity that our team does. We will, however, be alert and as aware as possible of the processes in place, as we want our business to resonate well with our customers. Otherwise, again, there is no point to running a business!

 

Our marketplace is our own store, and we control what products are shown to be available. If products become unavailable, we will make sure that our customers and website-users are made fully aware as soon as possible.

 

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

If you wish to cancel an order after it is placed, please refer to our contact email address. We will do our best to be in contact, but cannot guarantee that we will be able to solve every perceived issue. If you wish to cancel your subscription to our service, feel free to do so before the "next" billing cycle. 

 

For more detail, please review our Returns Policy.

 

 

SECTION 7 - OPTIONAL TOOLS

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

 

SECTION 8 - THIRD-PARTY LINKS

 

Certain content, products and services available via our Service may include materials from third-parties.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 8 –

 

If you would like further information on the options subscription purchases are given regarding where we donate a portion of our profit, feel free to visit their websites, or email us and we may be able to further help in that regard. We cannot guarantee that the money we donate will be used exactly in the manner we wish it to be, but we have picked the options presented as a result of their seeming efficacy in what Vibrantry.com stands for culturally. In general, we cannot guarantee any interaction that a customer or client has with us via a Third Party, as we do not control any of our associated Third Party’s actions.

 

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

 

SECTION 10 - PERSONAL INFORMATION

 

Your submission of personal information through the store is governed by our Privacy Policy. 

 

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

 

 

SECTION 12 - PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall Vibrantry.com or Vibrantry, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

 

 

SECTION 14 - INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Vibrantry.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

 

SECTION 15 - SEVERABILITY

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

 

SECTION 16 - TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

 

SECTION 17 - ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

 

SECTION 18 - GOVERNING LAW

 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California, United States of America law on ecommerce stores.

 

 

SECTION 19 - CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

 

SECTION 20 - CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at our contact email address.

 

 

SECTION 21 – WHOLESALER RELATIONSHIP

 

Referring to the wholesalers we work, will work, or have worked with Vibrantry.com will not be held liable for misrepresentation of the supplier’s (third party’s, or wholesaler’s) brand or product. We will review most if not all the products we sell via social media, our website, etc., and the discussion physically and virtually that we have regarding the companies and products we are connected in some way to are our own opinions, and are not to be used as statements of facts or “matter of fact” promises. Our opinions are our own, and Vibrantry.com is its own entity.

 

SECTION 22 - GDPR Regulation

Although we are in the U.S., and only ship/sell to the U.S., our website may be visited/used elsewhere. In accordance with the new GDPR regulation, you may contact us at any time with data/privacy concerns at the email/phone number suggested above, but we assume that by you visiting our site and what is included, you are consenting to being tracked via Google Analytics, Shopify Analytics, other usual tracking (we do not sell this information or target specific IP addresses for data collection). We respect your privacy and do not wish to add to the issues we believe that the Internet is facing.