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We are Vonney Vachel! Welcome!
Vonney Vachel, LLC. (“Vonney Vachel”, “Vonney”, “us” or “we”) is the operator of www.vonneyvachel.com (the “Site”). These terms and conditions, together with any documents they expressly incorporate by reference (collectively the “terms”), govern your access and use of the Site, including any content, functionality, subscriptions, and services offered on or through the Site, whether as a guest or a subscriber. These Terms also apply to the purchase and sale of products and subscriptions service through the Site.
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY BEFORE YOU START TO USE THE SITE AND THE APP, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be legally bound and abide by the Terms. If you do not agree to these Terms, you should not use or access www.vonneyvachel.com. 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 is hosted on godaddy web builder and e-commerce interfacing, and backend powered by Subbly. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
GENERAL TERMS FOR ONLINE STORE USE
By agreeing to these Terms of Service, you represent that you are at least 18 years of age and you have given us your consent to allow any of your minor dependents to use this site. If you use the Site on behalf of any third party, you agree that you are an authorized representative of that third party and that your use of the Site constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the 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. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding,'' “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not duplicate or copy portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without the prior written consent of Vonney Vachel, LLC.
PASSWORD PROTECTION AND REGISTRATION
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including but not limited to, shipping and return policies, review guidelines, User Generated Content Terms; and other terms and conditions and policies which you may find throughout our Site in connection with its functionality, features or promotions as well as customer service (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
ACCURACY OF PRODUCTS AND SERVICES
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site and the App does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Vonney Vachel reserves the right, with or without prior notice, to do any one or more of the following: (1) limit the available quantity of or discontinue any product or service; (2) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (3) bar any user from making or completing any or all Transaction(s); and (4) refuse to provide any user with any product or service.
You agree that by placing an order on the Site, you are entering into a binding contract with Vonney and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, but not limited to, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions. In the event that a Vonney box or featured product on the Site is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for products listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, We shall issue a credit to your credit card account in the amount of the incorrect price.
SUBSCRIBING TO VONNEY
Vonney Vachel offers two boxes that have the same subscription service function, both of which are: a “bimonthly” subscription that you are billed for every other month on a recurring basis (Bi Monthly Subscription). In rare cases, such as damaged/lost boxes, etc., please contact us at firstname.lastname@example.org and we may or may not, depending on the situation, provide a replacement or refund at the company's discretion. All sales are final, unless otherwise stipulated in our Refund Policy. Subscription service is discussed in detail below, including their terms and cancellation information. If you have a question about your subscription, please email email@example.com for clear understanding. You acknowledge ALL SUBSCRIPTIONS RECHARGE AUTOMATICALLY IN THEIR PROVIDED INTERVAL, AND BY PURCHASING THESE SUBSCRIPTIONS, YOU PROVIDE CONSENT FOR RECURRING CHARGES UNDER YOUR ACCOUNT.
CONTINUOUS SERVICES AGREEMENT & CANCELLATIONS
By purchasing a Bi-Monthly Subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE BI-MONTHLY PERIODS AND YOUR PAYMENT METHOD WILL AUTOMATICALLY BE CHARGED FOR EACH SUCCESSIVE BI-MONTHLY PERIOD AT THE THEN-CURRENT SUBSCRIPTION RATE. YOU WILL BE BILLED ON THE DAY YOU SUBSCRIBE ON OUR SITE AND BILLING DATE WILL CONTINUE ON THIS SAME DAY BI-MONTHLY. TO CANCEL YOUR BI-MONTHLY SUBSCRIPTION AT ANY TIME, YOU CAN LOG INTO YOUR ACCOUNT TO CANCEL OR EMAIL US AT BEWELL@VONNEYVACHEL.COM AND TELL US YOU WOULD LIKE TO CANCEL YOUR SUBSCRIPTION, AND WE WILL CANCEL IT FOR YOU. Once you have been charged for your subscription, Vonney Vachel is NOT able to cancel and refund your purchase. You may however, choose to cancel your next renewal by contacting us at firstname.lastname@example.org ; Please note that if you sign up for a Bi-Monthly Subscription, Vonney Vachel will submit monthly charges to the payment method you used to set up your Bi-Monthly Subscription without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Vonney Vachel’s window of cancellation terms. Cancellations must be made 7 business days before shipment leaves Vonney Vachel. Boxes ship on or around the 11th of every other month.
The display of Products on the Site invites you to make us an offer to buy the Products. Your order is an offer to buy the Products, which we accept only by shipping the Products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason. Title to and the risk of loss/damage of all Products passes from us to you at the time we deliver the products to the common carrier for shipment. By purchasing products on the Site for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.
We do not allow returns or substitutions of Products to Vonney Vachel. All sales are final. We have made every effort to display as accurately as possible the colors 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. 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 any time without notice, at our sole discretion. 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. For your customer satisfaction, Vonney Vachel is committed to delivering your subscribed product to the highest quality and via on time delivery as much as it is in our control. If your products have been damaged upon arrival through the mail carrier of our choice, you must disclose the full damages of the specific products with picture attachments within 3 days of receipt to email@example.com. At the time of our infoming, we will make a decision about replacement, refund or other actions, based on the accuracy and detailing of info you provide and ultimately based on our own discretion. Vonney Vachel reserves the right to make these determinations accordingly on a case by case basis. User(s) will be notified of a decision via the email account that is attached to our site’s profile.
RESPONSIBILITIES AND RIGHTS RESERVED
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. We will not be liable if a Product is unavailable or if shipment is delayed. We may grant or deny cancellation requests in our sole and absolute discretion. To the extent legally permissible, we reserve the right to provide substantially similar products to fulfill your order. You agree to provide current, complete and accurate purchase and account information for all purchases made on our site. 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 create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or costs (including but not limited to legal fees) that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and costs (including but not limited to reasonable legal fees) incurred by Vonney Vachel or a third party due to someone else using your account, unless such use is due to our willful misconduct. We have no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.
PROMO CODES, COUPON CODES, SPECIAL INCENTIVES
Vonney Vachel may, from time to time in its sole discretion, offer certain promotional codes for discounts on our boxes. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. No cash alternative is available. Promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes can be replaced if it is shown that the same code has not been used on the account in question. Limit of one particular promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by us at any time under our discretion. Coupon codes, Promotion codes, sales, and special incentive deals are not stackable, meaning only one can be used at a time upon checkout, and for the duration of your subscription. Special incentive deals are one-time purchases at the stated price at checkout, and cannot be combined with other coupon codes or sales. Special incentive deals, past box purchases, and one-time deals are sold as-is, and are not eligible for refunds. Coupon codes, sales, and special incentive deals often have limited inventory or availability, and thus are not guaranteed. 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.
THIRD PARTY ACCESS
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. 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.
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, some music, software and other elements available on the site Vonney Vachel or our licensors and are protected by United States and international copyright, trademark and/or other intellectual property or proprietary rights and laws. These Terms permit you to use the Site for your personal, non-commercial use only. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site or the App.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site and the App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
Vonney Vachel logos are registered trademarks and are under the banner of Vonney Vachel Enterprises. All other trademarks names, product, services names, designs, and slogan are the property of their respective owners. All of our Site's content is copyrighted by Vonney Vachel, LLC. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Vonney Vachel.
USER(S) FEEDBACK, COMMENTS, SUGGESTIONS, CONCERNS, & IDEAS
If you submit an unsolicited idea to us via the Site or submit on our request, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for us at Vonney Vachel to utilize your idea, you hereby grant Vonney an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you. 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. Any text, photographs, artwork, ideas, questions, reviews, comments, suggestions or other content that you submit or post to the Site or otherwise provide to us are referred to as “User Content”.
You agree to indemnify, defend and hold innocent in intent Vonney Vachel and our, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any and all claims, damages, losses, liabilities and expenses (including reasonable legal fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (1) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (2) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any product purchased by you on this Site; (3) arising from or related to any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future); (4) arising from or related to our use of your User Content in the context of the Services; or (5) arising from, related to, or connected with your use or misuse of the Site or Services. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent.
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).
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.
All matters related to the Site and these Terms shall be governed and constructed in accordance with the laws of the State of Illinois without regard to conflict of laws provisions.
Any dispute relating in any way to your visit to, or use of, the Site, to the products you purchase through the Site (including a subscription), or to your relationship to Vonney Vachel ("Claims") shall be exclusively submitted to confidential and binding arbitration in Chicago, Illinois, including based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Illinois. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Vonney Vachel agree in writing, and the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at www.adr.org. A single, neutral arbitrator will resolve Claims. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms, in which case these Terms will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, determines so. The arbitrator's award is final and binding on the parties.
ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU AND VONNEY VACHEL HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.
AMENDMENTS AND/OR UPDATES TO 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, 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.
FURTHER INFO NEEDED
Questions about the Terms of Service should be sent to us at