TERMS and CONDITIONS

November 20, 2021

 

This website is owned and operated by Ballets with a Twist. These Terms set forth the terms and conditions under which you may use our website. This website offers visitors, inter alia, information about our company, our performances and merchandise we offer.

 

1.        By accessing or using the website, you approve that you have read, understood, and agree to be bound by these Terms.

 

2.        In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. By using the Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use, register or purchase merchandise on the Site. In the event we become aware you are under 18, we will terminate your registration. Some merchandise offered for sale on the Site may be restricted for sale to persons of a certain age (depending on the state or jurisdiction of residence) and we will require you to submit or provide valid proof of your age before purchasing or receiving age-restricted merchandise. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

Registration

3.        In order to access some features of the Site, you may be required to register and to select a password and username, which shall consist of an email address you provide ("User ID"). To register, use the registration form available by clicking the "register" link near the top of any page on the Site. If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel, a User ID in our discretion.

 

Security

4.        You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.

Product Offerings

5.         When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) agree that you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

 

6.         The prices we charge for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page. In addition, due to current supply issues we will fill the order as promptly as possible.

 

7.         We may display advertising for products sold through the Website. We attempt to display the colors of the products shown on the Website as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the monitor used by you.

 

8.         Pricing errors may occur on the Website from time to time, on items sold by us, or items sold by third party sellers on our website. We attempt to correct all pricing errors as soon as they are discovered, or as soon as We receives notice of an error. We reserve the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from us. Any payments you make to us for orders that are cancelled due to pricing errors will be refunded.

Return and refund policy:

9.         For any undamaged product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date you receive the product, and we will, in our sole discretion, exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) the following products are not eligible for return: undergarments including briefs.

 

Retention of right to change offering

10.       We may, without prior notice, change the products available; stop providing the products or any features of the products we offer; or create limits for the products . We may permanently or temporarily terminate or suspend access to the products without notice and liability for any reason, or for no reason.

Warranties & responsibility for services and products

11.       We guarantee all of the products sold by us to be free from defects in material and workmanship.  This guarantee applies for 30 days from date of original purchase of each product when used for the application for which it was intended and when warnings, use and care instructions are followed. In the event of a breach of the foregoing warranty, our only obligation shall be to replace such product proven to be defective.  The foregoing constitutes the exclusive remedy of the buyer or user of our products, and our sole obligation, for claims based upon defects in or nonconformity of our products. 

 

12.       This warranty is exclusive and in lieu of all other warranties, whether oral, written express, implied or statutory.  No Implied or Statutory Warranties of Merchantability or Fitness for Particular Purpose Will Apply.  We shall not be liable for any loss or damage, direct indirect, incidental or consequential, arising out of the use of – or the inability to use – the product.  Before using, users shall determine the suitability of the product for the intended use, and users assume all risk and liability whatsoever in connection therewith.  Therefore, users should make careful analysis of the use for which these products are purchased.  It will be the users’ responsibility to determine whether these products will adequately provide protection in the environment in which they are to be used.  We cannot anticipate all conditions under which these products, may be used.  Users are advised to make their own tests to determine the suitability of each product, or product combination, for their own purposes.

 

13.       When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.

 

14.       The Website and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of Ballets with a Twist. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

 

Right to suspend or cancel user account

15.       We may permanently or temporarily terminate or suspend your access to the Website without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations

 

Indemnification

16.       You agree to indemnify and hold Ballets with a Twist harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the products offered on the website.

Limitation of liability

17.       To the maximum extent permitted by applicable law, in no event shall Ballets with a Twist, be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

 

18.       To the maximum extent permitted by applicable law, Ballets with a Twist, assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

Third Party Advertisements and Links to Third Party Sites

19.       We may display advertisements from third parties on the Site, such as banner advertisements, pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, or for any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein.

 

Right to change and modify Terms

20.       We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. Amendments and modifications to the Terms will be deemed effective once posted online, unless otherwise noted. Your continued use of the Website following any modification constitutes Your acceptance of the modified terms (except to the extent that other notice or consent is required by applicable law). If You do not agree with the modified terms, You should discontinue any access to or use of Website immediately. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website.

 

Promotional emails and content

21.       You agree to receive from time to time, promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time at info@balletswithatwist.com

 

Preference of law and dispute resolution

22.       These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of The United States, New York State, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in New York City. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

Customer support details & contact info

If you need support or need to reach us in any way, please contact us at: info@balletswithatwist.com

 

Privacy Policy

We believe strongly in the protection of the privacy of Users and our customers. Our data collection and use practices are set forth in our Privacy Policy, which we encourage you to review.