1. General Terms and Conditions of Use
These General Terms and Conditions of Use (“Terms”) are entered into by and between you and Eucymilk.com (“Eucymilk”). In consideration of your use of and access to this Internet site and the promises and obligations herein, and intending to be legally bound, you and Eucymilk hereby agree as follows: Your access to and use of the Eucymilk website is subject to these Terms, as well as any modifications issued by Eucymilk to these Terms, and all applicable laws and regulations. BY USING THIS SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, please do not use the Belvivere website.
2. Changes in Terms
Eucymilk reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Web Site.
3. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Eucymilk website and your purchase of the items from Belvivere Luxury Linens on the Eucymilk.com website.
These terms are effective unless and until terminated by either you or Eucymilk. You may terminate this Agreement at any time. Eucymilk also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
5. User comments
We welcome your comments about our Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively “Comments”) sent to our Web Site shall be and remain the exclusive property of Eucymilk. Your submission of any such Comments shall constitute an assignment to Eucymilk of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Eucymilk will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Eucymilk website, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content.” The Content may contain errors, omissions, or typographical errors or may be out of date. Eucymilk may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Eucymilk in any way except to the extent it is specifically indicated to be so.
7. Links to Third Party Sites
Links to other Internet sites operated by third parties, do not constitute sponsorship, endorsement, or approval by Eucymilk of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Eucymilk, who is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
All prices displayed on Eucymilk.com website are quoted in U.S. dollars. Eucymilk reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Eucymilk website without incurring any obligation to you. Products displayed on the Eucymilk website are available while supplies last. In the event that a product or service is listed at an incorrect price due to mistake or typographical error, Eucymilk shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged.
Eucymilk reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Eucymilk, for any reason. Eucymilk reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. The receipt by you of an order confirmation does not constitute Eucymilk’s acceptance of an order. Prior to Eucymilk’s acceptance of an order, verification of information may be required.
10. Disclaimer and Limitation of Liability as to Website and Content
This website is provided “as is” without any representations or warranties, express or implied. Eucymilk makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Eucymilk does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.
Limitations of liability
Eucymilk will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Eucymilk has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Eucymilk’s liability in respect of any:
death or personal injury caused by Eucymilk’s negligence;
fraud or fraudulent misrepresentation on the part of Eucymilk; or
matter which it would be illegal or unlawful for Eucymilk to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
11.Disclaimer and Limitation of Liability as to Products and Services
Eucymilk only offers a limited manufacturer quality warranty on products directly sold on this website. See warranty for more information.
On the other hand Eucymilk expressly disclaims all warranties other than the above mentioned, expressed or implied, of any kind with respect to products and services sold on Eucymilk.com including but not limited to implied warranties of merchantability and fitness for a particular purpose. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Under no circumstances shall Eucymilk be liable to you or to any third party for any indirect, consequential, incidental, special or punitive damages, including but not limited to lost profits and business interruption, including neglicence arising in any way from any product or service sold or provided on Eucymilk website, even if Eucymilk is expressly advised of the possibility of such damages. In no event shall Eucymilk’s liability exceed the price paid for the product or service that is the subject of the claim.
12. Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You accept that, as a limited liability entity, Belvivere has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Eucymilk’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Eucymilk’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Eucymilk itself.
14. Dispute Resolution
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Eucymilk agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent :
1. to Eucymilk at: Belvivere Luxury Linens, 8345 NW 66th Str. Suite – 7889, Miami, FL 33166, Attn: General Counsel, or
2. to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Eucymilk agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.