TERMS OF SERVICE
Welcome to the website of WTI Design. WTI Design provides its services to you, subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use any WTI Design service, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they are incorporated into this Agreement by this reference. WTI Design reserves the right to change this site and these terms and conditions at any time.
Accessing, browsing, or otherwise using the site indicates your agreement to all the terms and conditions in this agreement. Please read this agreement carefully before proceeding.
Use of the Website:
You represent and warrant that you are at least 18 years old or visiting the Website under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, WTI Design hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Website by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Website and not for any commercial use or use on behalf of any third party, except as explicitly permitted by WTI Design in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by wtidesign in writing. You may not make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of another business unless explicitly permitted by WTI Design in advance. WTI Design reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if WTI Design believes that customer conduct violates applicable law or is harmful to wtidesign’s interests.
You shall not upload, distribute, or otherwise publish through this Website any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. WTI Design may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be authorized to access and use the Website in a manner consistent with the terms and conditions of this Agreement, and WTI Design has no obligation to investigate the authorization or source of any such access or use of the Website.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify WTI Design of any unauthorized use of your password or identification or any other breach or threatened breach of this Website's security.
All text, graphics, photographs or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on the website of WTI Design (collectively, "Content"), belongs exclusively to WTI Design or its appropriate content suppliers. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content or otherwise dispose of any of the Content in a way not permitted by witdesign, without wtidesign's expressed prior written consent. The use of data mining, robots, or similar data gathering and extraction tools on WTI Design as well as the use of WTI Design trademarks or service marks in meta-tags is strictly prohibited. You may view and use the Content only for your personal information and for shopping and ordering on the site and for no other purpose. The collection, arrangement, and assembly of all content on this site (the "Compilation") belong exclusively to WTI Design. You may not use wtidesign's Content or Compilation in any manner that disparages or discredits WTI Design or in any way that is likely to cause confusion or violation of any applicable laws or regulations. All software used on this Website (the "Software") is the property of witdesign and/or its Software suppliers. The Content, the Compilation and the Software are all protected under state, national and international copyright laws. All rights not expressly granted are reserved by WTI Design. Violators will be prosecuted to the full extent of the law.
WTI Design recognizes and respects all copyrights and trademarks. As such, any usage of television, motion picture, music, film festival or other names or titles that have no connection to WTI Design are the sole property of the copyright or trademark holders. Our clothing is inspired by celebrity styles and are our recreations of items worn by the celebrities on your favorite television shows and the red carpet, however they are not authorized, endorsed by, or connected to these shows in any way and are not meant as infringements of any registered trademarks or copyrights.
Intellectual Property Infringement Policy
It is the policy of WTI Design to take appropriate action where necessary to uphold and recognize all relevant State, Federal and International laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws. If you are an intellectual property rights owner and you believe that wtidesign sells, offers for sale, or makes available goods and/or services that infringe your intellectual property rights, send the following information in its entirety to info@wtidesign.com or Legal@whosebilling.com
Information required
1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive work that is allegedly infringed;
2. A description of the allegedly infringing work or material;
3. A description of where the allegedly infringing material is located on the site (product(s) URL);
4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
6. Identification of the intellectual property rights that you claim are infringed by the Website (e.g. "XYZ copyright", "ABC trademark, Reg. No. 123456, registered 1/1/04", etc); and
7. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
Termination and Effect of Termination
In addition to any other legal or equitable remedies, WTI Design may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the site and WTI Design shall, in addition to any other legal or equitable remedies, immediately revoke all password(s), and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
Disclaimer and Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SAME FOR EACH PRODUCT ON THIS SITE, THE SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY WTIDESIGN ON AN “AS IS” BASIS. WTIDESIGN MAKES NO PRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HERE TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WTIDESIGN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WTIDESIGN DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WTIDESIGN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WTIDESIGN’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED THE AGGREGATE AMOUNT OF FEES ACTUALLY PAID BY YOU TO WTIDESIGN DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO WTIDESIGN’S LIABILITY.
Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. WTI Design reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
Customers will only be charged once for shipping costs (this includes returns); No-restocking to be charged to the consumers for the return of the product.
Typographical Errors
While WTI Design strives to provide accurate product and pricing information, pricing or typographical errors may occur. WTI Design cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, WTI Design shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, WTI Design may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Pricing in Different Currencies
Pricing of products sold by WTI Design is based upon figures calculated in U.S. Dollars (US$). Prices displayed in other currencies are converted from U.S. Dollars according to the most up to date conversion rates. Due to fluctuating currency values, prices displayed in non-U.S. denominations of currency on the Website, other than on the individual product page, may not be the most current. Areas of the Website where non-U.S. denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages. The price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to WTI Design, excluding shipping.
Applicable Law
By visiting WTI Design, you agree that the laws of Ireland, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and WTI Design.
Links
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that WTI Design is not responsible for the operation of or content located on or through any such site.
Remedies
You agree that WTI Design's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that WTI Design shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that wtidesign may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of WTI Design shall be exclusive of any other, whether at law or in equity, including, without limitation, damages, injunctive relief, attorneys' fees, and expenses.
No instance of waiver by WTI Design of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
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 Ireland.