TERMS & CONDITIONS
This website is operated by Desert Belle Vintage LLC. Throughout the site, the terms “we,” “us” and “our” refer to Desert Belle Vintage LLC. The term “Site” refers to desertbellevintage.com. The terms “user,” “customer,” “you,” and “your” refer to site visitors, customers, clients, and any other users of the site. Desert Belle Vintage LLC sells vintage clothing, accessories and home goods (the “Products”), which are sold in the “Shop.” In addition, Desert Belle Vintage LLC provides a blog where users can read posts and view pictures relating to current and vintage fashion and lifestyle topics. All of the aforementioned should herein be referred to as the “Service.”
We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to the Terms and Conditions page of the Site. You can review the most current version of the Terms & Conditions at any time on this page. 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.
SHOPPING AT DESERT BELLE VINTAGE
The Desert Belle Vintage LLC online Shop prides itself on being a white-glove vintage boutique offering a discerningly edited, exclusive selection of crème de la crème vintage fashion. “Crème de la crème vintage” does not only mean top-name vintage designer garments, although Desert Belle Vintage definitely has those, but it also includes and applies to rare fabrics, fabric patterns, novelty prints and motifs. In today’s vintage fashion market, an extraordinary vintage ready-to-wear novelty print dress is just as rare and difficult to come by as many preeminent vintage designer ensembles.
Shopping at Desert Belle Vintage is akin to shopping at a high-end, speciality boutique. Vintage clothing is special and unique and should be regarded and most importantly respected as such. Each and every vintage garment in the Desert Belle Vintage Collection is pristinely displayed, preserved and treated like the rare and exceptional “work of art” that it is. The online boutique is organized like a fine arts gallery wherein clients email direct to purchase items. More information regarding the order process can be found further down in these Terms & Conditions.
You will find that the Desert Belle Vintage Shop is not about quantity of vintage clothing but quality. Over 20+ years of collecting, research and study have gone into the Desert Belle Vintage Collection offered for sale in the Shop. All garments offered for sale at Desert Belle Vintage are original vintage garments that were sewn and constructed in their noted decades. Every single garment is thoroughly scrutinized, examined and authenticated before sale. Items are listed one-at-a-time and offered for sale on a first come, first served basis. New vintage items when available are added to the shop on Thursdays. The Desert Belle Vintage Collection includes quality clothing from the 1940s through 1990s, with a rare selection of spectacular 1950’s dresses. In the Desert Belle Vintage Collection, you will find garments from notable designers such as Adele Simpson, Don Loper, Emma Domb, Geoffrey Beene, Harvey Berin, Peggy Hunt, Suzy Perette and Teal Traina, just to name a few. Items are being listed gradually as they are photographed and made ready for the Shop, so please look out for new additions.
When you shop with Desert Belle Vintage, you are purchasing from a collector (Laura, founder of Desert Belle Vintage), that has devoted over 20 years of her life to the fine art of collecting and wearing vintage. Before launching Desert Belle Vintage in 2018, Laura devoted countless hours of education to fashion history, differences in fabrics and their required care, fashion designers, garment construction and the differences in vintage ready-to-wear, demi-couture and couture clothing. Every day is a new vintage adventure, and Laura enjoys continually learning about vintage and finding those rare, elusive pieces to share.
Desert Belle Vintage treats each and every one of our vintage garments like the rare and exceptional “works of art” that they are. We meticulously care for all of our pieces and give careful attention to the preservation of each item. All items sold through Desert Belle Vintage are professionally, specialty dry cleaned or cleaned by hand with the exception of certain unworn, deadstock pieces and pieces that are very delicate or very old. Spot cleaning is completed on a case-by-case basis for delicate items. Each garment is thoroughly examined before sale to make sure it is wearable for its new owner. Buttons, seams, hems, zippers and embellishments are checked. We are very picky, and if an item does not make the cut, then it is not offered for sale. On the rare occasion that we list an item in “Good” or “Fair” condition, we are listing that item because it is a remarkably rare piece with a collectible value and perfect for possible study and/or display.
Every item’s listing includes a detailed condition report. Please view our Size & Condition Guide for more information regarding our condition reports. We are always happy to send additional photos of an item if you would like to see greater details of an item’s color, fabric pattern or any noted flaws.
Since Laura has personally collected the garments offered for sale in the Desert Belle Vintage Shop, she takes great enjoyment in personally responding to each and every customer that contacts Desert Belle Vintage. A real, live person sits behind every email response, and that is Laura. A personalized vintage shopping experience is just one of the many features that sets Desert Belle Vintage apart from other online vintage sellers. Nothing brings Laura more pleasure than matching a marvelous vintage garment with a new fashionable owner. Laura views herself not only as a vintage fashion purveyor but also as a vintage + modern fashion stylist. Unsure about which shoe or purse to wear with a Desert Belle Vintage purchase? Laura happily assists clients in completing their “look” by suggesting modern separates or accessories that coordinate beautifully with their vintage purchases.
All emails and invoice requests to Desert Belle Vintage are conscientiously answered by Laura one by one and in the order in which they are received. Out-of-office and holiday closure dates are posted further down in these Terms & Conditions. Rest assured, if we are out of the office, your email will be answered immediately upon our return.
Since many hours of care, examination and preservation have gone into and are continually invested in the Desert Belle Vintage Collection, items are packaged elegantly and carefully in shipping boxes (no flimsy shipping envelopes!) and expertly shipped to their new homes. Like a fine garment being sewn by hand piece by piece, we stay with and monitor an item’s “adoption” from start to finish, conscientiously ensuring all steps of the order process are completed successfully and to a level of detail only we can provide.
Please reach out to ask any questions or share comments. Wearing vintage is a magical experience, and we are thrilled to share that journey with you!
HOW TO ORDER
All items on our website are sold on a first come, first served basis. As outlined in our below return policy, all orders are FINAL SALE. NO EXCEPTIONS. To help with better understanding vintage garment sizing and condition, we have created the following Size & Condition Guide. Please contact us if you have ANY questions BEFORE placing your order at firstname.lastname@example.org. We maintain detailed photos and inspect all items carefully before listing them for sale. We are always happy to send additional images for an item or help with any sizing questions before purchase.
When you are ready to purchase:
Desert Belle Vintage LLC partners with Stripe to offer secure email invoicing for ordering through the Shop. With your secure Stripe invoice, you can pay for your Desert Belle Vintage purchase with all major credit and debit cards: Visa, Mastercard, American Express, Discover, and Diners Club. All payments are processed in United States Dollar (USD$) funds.
Desert Belle Vintage LLC is open and fulfilling invoice requests and answering questions Monday – Friday 10am – 5pm MST and Saturday 12pm – 4pm MST.
Emails are answered and invoices generated on a first come, first served basis. Invoices are generated as email requests are received. Desert Belle Vintage 2020 out-of-office and holiday closure dates are posted further down in these Terms & Conditions. In the event that we are out of the office and you do not receive your invoice within our business hours of the day it is requested, do not be concerned. Your email is your item reservation! We will promptly generate and email your invoice to you when we are back in the office. We respond to ALL emails and queries and pride ourselves on exceptional customer service.
If you would like to request an invoice during non-business hours, the protocol is the same as when we are open. Please contact Desert Belle Vintage as outlined below, and we will respond to you ASAP when we are next open. As noted above, your email is your item reservation! Because items are sold on a first come, first served basis, the buyer with the first email to request an invoice for an item will be the buyer of the item!
To place an order in the Shop and have a secure Stripe invoice generated, please choose one of the following:
Click the “Email to Purchase” button in the item’s listing which will create an already addressed email to Desert Belle Vintage with the item’s SKU in the subject box and pre-formatted email message. Please add your information as noted in the email, and you are ready to hit send! Please note you have to have your desktop email program open for this email to generate.
Please email email@example.com and provide the following:
● SKU of item(s) you wish to purchase
● Your First and Last Name
● Shipping Address (where you would like your item(s) sent)
● Phone Number (required for certain shipping carriers)
Your secure Stripe invoice will include an itemization of the cost of your item(s) plus shipping to your specific shipping location and tax (if applicable).
Once you receive your secure Stripe invoice to the email you used for your order request, please complete payment through Stripe as directed in the invoice. Stripe processes the payment and informs Desert Belle Vintage LLC when payment in full has been completed. Desert Belle Vintage LLC then prepares the order for shipment. Item(s) are not shipped until after payment is received and finalized.
PAYMENT DEADLINE: Payment by Stripe Invoice must be made within 48 hours of receiving your invoice. If payment is not received within 48 hours of emailed invoice, the item(s) will be placed back up for sale on our website.
For orders totaling over $300.00, Desert Belle Vintage LLC offers layaway spread out over 3 payments in a one month period. On the day that you request layaway, your first invoiced deposit for 35% of your total amount including shipping & tax (if applicable) is due. Your second invoice for your next 35% deposit will be sent to you two weeks from the date of your first invoice and initial deposit. Your third invoice for the remainder of your payment due is sent two weeks after your second invoice. As soon as we receive your initial layaway deposit, you have agreed to all terms set forth on this page. Items are not marked “Sold” until after your initial deposit payment is completed and finalized. Items purchased through layaway are FINAL SALE, NO EXCEPTIONS, and any & all payments made during your layaway are non-refundable. If you forfeit on your layaway, no layaway deposits or payments are refunded. Please do not set up a layaway unless you are confident that you will be able to make the designated payments. If you forfeit on a layaway, your items will be re-listed, and you may no longer request or use this service in the future.
All orders shipped within the state of Arizona will be subject to 9.85% AZ sales tax.
SHIPPING WITHIN THE USA
Items are beautifully and carefully packaged and shipped within the continental United States and to Alaska and Hawaii within 2 business days (Monday – Saturday) after payment is received and finalized. All shipping prices are calculated based on the individual weight of the item. Multiple items shipping together ship for a discounted combined shipping rate. All packages ship tracked with delivery confirmation.
Shipping insurance for packages shipped within the USA is additional and provided on all orders upon request. We are not responsible for any lost, stolen or damaged packages under any circumstances. If you have concerns, you must request full insurance coverage or it is your sole responsibility to accept the loss. Unless insurance is requested for the full value, lost, stolen or damaged packages will not be reimbursed. If you provide the wrong shipping address, are away, move or are not there to pick up your package and it is lost subsequently, Desert Belle Vintage LLC will not reimburse your shipping or order costs. If you do request insurance for your purchase and an item is lost, stolen or damaged you will be reimbursed once the claim has been processed and monies are received by Desert Belle Vintage LLC.
While we package and ship items quickly on our end, we cannot be held responsible for any unforeseen shipping delays due to weather, local post office delays or any other factors outside of our control.
Shipping fees are non-refundable. NO EXCEPTIONS.
If you require Expedited shipping to your location, please read the “Expedited Shipping” section below.
Items are beautifully and carefully packaged and shipped within 2 business days (Monday – Saturday) after payment is received and finalized. Desert Belle Vintage LLC ships Internationally by USPS Priority Mail International to the following countries: Australia, Austria, Belgium, Canada, Denmark, Germany, Ireland, Japan, New Zealand, Norway, Netherlands, Singapore, Sweden, Switzerland, and the United Kingdom. All shipping prices are calculated based on the individual weight of the item. Multiple items shipping together ship for a discounted combined shipping rate. All international packages ship tracked with delivery confirmation.
Shipping insurance for international packages is additional and provided on all orders upon request. We are not responsible for any lost, stolen or damaged packages under any circumstances. If you have concerns, you must request full insurance coverage or it is your sole responsibility to accept the loss. Unless insurance is requested for the full value, lost, stolen or damaged packages will not be reimbursed. If you provide the wrong shipping address, are away, move or are not there to pick up your package and it is lost subsequently, Desert Belle Vintage LLC will not reimburse your shipping or order costs. If you do request insurance for your purchase and an item is lost, stolen or damaged you will be reimbursed once the claim has been processed and monies are received by Desert Belle Vintage LLC.
While we package and ship items quickly on our end, we cannot be held responsible for any unforeseen shipping delays due to weather, customs clearance processing, local post office delays or any other factors outside of our control.
Shipping fees are non-refundable. NO EXCEPTIONS.
If you require Expedited shipping to your location, please read the “Expedited Shipping” section below.
To place your international order, please follow the above contact directions to let us know your information and what item(s) you are interested in purchasing. We will calculate shipping with tracking to your country, and that amount will be added to your invoice. If you would like a shipping quote before purchase, please email firstname.lastname@example.org and provide your shipping address and item(s) you wish to purchase, and we will happily quote you shipping to your specific country.
Please note: Desert Belle Vintage LLC is not responsible for any customs duties, taxes, tariffs, and fees. All associated costs are the sole responsibility of the buyer. Desert Belle Vintage cannot be held responsible for any of these extra costs. Shipping fees, tariffs, duties, customs and all costs over and above the actual cost of the item will not be reimbursed under any circumstances.
Desert Belle Vintage happily works with customers on a time schedule. If you require your item FAST, please let us know in your invoice request or contact us ahead of time to let us know what item(s) you would like to purchase, and we will send a quote for expedited shipping to your location. Priority Mail Express and Overnight shipping with either UPS or FedEx are available for USA customers. USPS Priority Mail Express International is available to the countries listed above under the “International Shipping” section. You have to request expedited shipping, otherwise your order will be processed following the time schedule outlined above under your respective country’s shipping section. All shipping prices are calculated based on the individual weight of the item. Multiple items shipping together ship for a discounted combined shipping rate. All expedited packages ship tracked with delivery confirmation.
Shipping insurance for expedited packages is additional and provided on all orders upon request. We are not responsible for any lost, stolen or damaged packages under any circumstances. If you have concerns, you must request full insurance coverage or it is your sole responsibility to accept the loss. Unless insurance is requested for the full value, lost, stolen or damaged packages will not be reimbursed. If you provide the wrong shipping address, are away, move or are not there to pick up your package and it is lost subsequently, Desert Belle Vintage LLC will not reimburse your shipping or order costs. If you do request insurance for your purchase and an item is lost, stolen or damaged you will be reimbursed once the claim has been processed and monies are received by Desert Belle Vintage LLC.
While we package and ship expedited items quickly on our end, we cannot be held responsible for any unforeseen shipping delays due to weather, customs clearance processing, local post office delays or any other factors outside of our control.
Expedited shipping fees are non-refundable. NO EXCEPTIONS.
ALL SALES ARE FINAL. Please ask all questions regarding an item’s size, fit, color and condition BEFORE placing your order. We do not accept returns or refunds on any inventory. NO EXCEPTIONS.
To help with better understanding vintage garment sizing and condition, we have created the following Size & Condition Guide. Please contact us if you have ANY questions before purchasing items at email@example.com. We maintain detailed photos and inspect all items carefully before listing them for sale. We are always happy to send additional images for an item or help with any sizing questions before purchase.
REGARDING VINTAGE CLOTHING
The items we sell are vintage, and many pieces are over 60 years old. We meticulously care for all of our pieces and give careful attention to the preservation of each item as much as we personally can. Due to the unique nature, quality and age of vintage clothing, items are often not in perfect, unworn, new condition and are sold “as is.” Desert Belle Vintage LLC carefully evaluates each item before listing to sell and writes a condition report to accompany each item’s listing in the Shop. Condition reports accompany each item to note any flaws including but not limited to bead loss (if applicable), holes, repairs and stains. All items sold through Desert Belle Vintage are professionally, specialty dry cleaned or cleaned by hand with the exception of certain deadstock pieces and pieces that are very delicate or very old. Spot cleaning is completed on a case-by-case basis for delicate items. The condition report notes when an item has been cleaned. Professional restoration is completed to prolong the life of individual garments only when necessary, and if an item has been restored in any way, the restoration is noted in the included condition report. Please pay close attention and review each item’s condition report BEFORE purchase. Vintage items are used and most likely have been previously worn (in the case of fashion garments and accessories), unless otherwise indicated in the condition report as “deadstock,” “unworn” etc. No warranty is expressed or implied regarding the usefulness or durability of any item. As noted above, items are sold “as is.” Please visit the Site’s Size & Condition Guide for more information regarding vintage sizing and condition ratings before purchasing. We have made every effort to display as accurately as possible the colors and images of our products that appear in the Shop. We cannot guarantee that your computer monitor’s display of any color will be accurate. We are always happy to answer questions and send additional images of an item should you have any further questions about an item’s color, pattern, fit or condition.
2022 DESERT BELLE VINTAGE OUT-OF-OFFICE & HOLIDAY CLOSURE DATES
We will be closed and away from the office on the following dates. All emails and invoice requests will be answered immediately upon our return.
Monday, May 30, 2022
Monday, July 4, 2022
Monday, September 5, 2022
Thursday, November 24, 2022
Saturday, December 24, 2021 through Monday, December 26, 2022
Saturday, December 31, 2022 through Monday, January 2, 2023
ONLINE STORE TERMS
By agreeing to these Terms & Conditions, you represent that you are at least 18 years of age.
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 & Conditions will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content 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.
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.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
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.
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.
PRODUCTS OR SERVICES (if applicable)
We have made every effort to display as accurately as possible the colors and images of our products that appear in the Shop. 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 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.
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 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 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 information for all purchases made at our store.
For more detail, please review our above Returns Policy.
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 & Conditions.
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.
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.
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.
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.
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 Desert Belle Vintage LLC, 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.
You agree to indemnify, defend and hold harmless Desert Belle Vintage LLC 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.
In the event that any provision of these Terms & Conditions 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 & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
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 & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions 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 & Conditions, 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 & Conditions shall not constitute a waiver of such right or provision.
These Terms & Conditions 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 & Conditions).
Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.
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 Arizona.
Questions about the Terms & Conditions should be sent to us at firstname.lastname@example.org.