Terms & Privacy

TERMS

These terms and conditions (“Terms”) govern and apply to anyone accessing or using the website located at www.apricoss.com and any other website(s) owned and/or operated by APRICOSS. (including any of its subsidiaries or corporate affiliates, collectively, "APRICOSS," "we," "us" or "our") and any of their associated web pages (collectively, our “Services”). Please take some time to review these Terms for our Services. By accessing or using the Services, including purchasing any products through the Services, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these Terms; (2) that you have the right, authority, and capacity to abide by these Terms; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the Services; and (4) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or another applicable jurisdiction. Additional terms will become part of these Terms when you use those services.

APRICOSS reserves the right to update, change, modify or otherwise alter these Terms at any time. If any material changes are made to these Terms, APRICOSS will notify you by posting the revised Terms on the Services or notifying you through the Services. ANY ACCESS OR USE OF THE SERVICES BY YOU AFTER THE CHANGES GO INTO EFFECT SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THESE TERMS. If you do not want to be bound by these Terms, do not use or access any part of the Services. APRICOSS may terminate the Services or any portion thereof, any website or webpage within the Services or any products or services offered through the Services, or terminate your right to access or use the Services or any portion thereof without notice and at any time for any reason.

For any portion of the Services that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.

You can link your account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Services. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.

Intellectual Property

The Services as a whole and all Content is protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions and the laws of other countries, as applicable. Except as may be expressly permitted by APRICOSS, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivate works from, reverse engineer, frame, transfer, or sell any Content obtained from, through or on this Services, in whole or in part. Any use of the Content, except as specifically provided in these Terms, is strictly prohibited.

Content

All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names, User Generated Content (as defined below) and any other materials provided on the Services are owned by APRICOSS and/or third parties, and are collectively referred to as "Content." The Content may contain omissions, errors, or may be out of date. APRICOSS reserves the right, in its sole discretion, to change, delete, update, modify or otherwise alter the Content at any time without providing notice to you. The Content is provided for informational purposes only and is not binding on APRICOSS in any way except to the extent that it is specifically indicated to be so.

Any concerns regarding Content and/or availability of hyperlinks of a third party on the Services, which are not controlled by APRICOSS, should be directed to the third party that controls such Content or hyperlink.

You also agree not to deep-link to the Services or any website or webpage thereof for any purpose, unless specifically authorized by APRICOSS. Use of any of APRICOSS’s trademarks as metatags on other networks is also strictly prohibited.

Terms of Sale; Risk of Loss

By placing an order with APRICOSS, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute APRICOSS's acceptance of an order. We retain the right to refuse any request made by you.

Prior to APRICOSS's acceptance of an order, verification of information may be required. APRICOSS 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 APRICOSS, for any reason whatsoever. APRICOSS reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, APRICOSS shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has has already been charged for the purchase and the order is cancelled, APRICOSS shall credit your account in the amount of the incorrect price.

All features, specifications, products, prices of products and services, discounts, promotions and offers described on our Services are subject to change at any time, and we reserve the right to make changes to them without notice to you. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on the Web site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed on the Services are quoted in U.S. dollars.

Violation of These Terms

You agree that monetary damages may not provide a sufficient remedy to APRICOSS for violations of these Terms, and you consent to injunctive or other equitable relief for such violations.

DISCLAIMER AND LIMITATION OF LIABILITY

Disclaimer. APRICOSS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION, SERVICES AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SERVICES, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR ANY THIRD PARTY WEBSITE(S) BY APRICOSS OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SERVICES, PRODUCTS, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

B. Limitation of Liability. IN NO EVENT SHALL APRICOSS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM OR CONNECTED IN ANY WAY WITH THE SERVICES, CONTRIBUTIONS, MATERIALS, CONTENT, COMMENTS, PRODUCTS, SERVICES, SOFTWARE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THIS SERVICES OR ANY THIRD-PARTY WEBSITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF APRICOSS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, APRICOSS'S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES OR PURCHASE OF ANY PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50 IN THE AGGREGATE.

C. ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL OTHER USE OF THE SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

D. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

General Legal Provisions

These Terms, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms will be governed by the laws of the State of California, U.S.A., without regard to conflicts of laws principles, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Los Angeles, California, U.S.A., for all disputes arising out of or relating to accessing or using this Services. Access to or use of this Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable attorneys' fees and costs. No joint venture, partnership, employment or agency relationship exists between you and APRICOSS as a result of these Terms or use of the Services.

All rights not expressly granted herein are hereby reserved. These Terms are the entire and final agreement regarding your access to the Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright

All materials on the Services (as well as the organization and layout of the Services) are owned and copyrighted or licensed by APRICOSS, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the Services is permitted without the written permission of APRICOSS. Any rights not expressly granted herein are reserved by APRICOSS.

Copyright Policy

APRICOSS’s policy is to remove, or disable access to, material that infringes any copyright on the Services after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any Content on the Services violates your copyright, please provide our copyright agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • an identification of the copyrighted work that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on or through our Services;

  • your address, telephone number, and e-mail address;

  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;

  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.9

Trademarks

APRICOSS and all related names, logos, product and service names, designs and slogans are trademarks of APRICOSS or its affiliates or licensors. Such marks cannot be used without the prior written permission of APRICOSS. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

For more information on the trademarks of APRICOSS, please contact us at the address noted above.



PRIVACY

Safe and secure shopping

APRICOSS knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By visiting APRICOSS, you are accepting the practices described in this Privacy Policy.

What personal information does APRICOSS gather about customers?

  • Information That You Provide: We receive and store any information that a customer enters on our website or gives us in any way. This information is used to enhance your experience on our website, to respond to your requests, to customize your shopping experience and to communicate with you.

  • Automatic Information: Some information is received and stored automatically whenever you interact with us. "Cookies" are one example of this type of information. In internet terms, a "cookie" is a text file that websites send to visiting computers/devices to identify the visiting computer/device. We also may use third-party website analytics tools. These tools collect information about visitor traffic on our website and mobile applications.

  • Mobile: When you download or use the APRICOSS mobile application, we may receive information about your location and your mobile device. This information may be used to provide you with personalized content.

How does APRICOSS use contact information?

We use your contact information for the following purposes only:

  • Register you as a user on our website;

  • Manage and/or maintain your user account and wish list on our website;

  • Process and deliver purchases, returns, backorders etc;

  • Communicate with you and provide customer support;

  • Let you know about products, promotions and events that might be of special interest to you;

If for some reason you would prefer not to receive emails from APRICOSS simply email a request love@apricoss.com with the word "UNSUBSCRIBE" in the subject line. Please note that any requests to remove or update your contact information may take seven to ten working days to take effect.

Does APRICOSS share customer information?

Your privacy is always respected when you shop with APRICOSS or use the APRICOSS mobile application. From time to time we might establish business relationships with other persons or entities whom we believe trustworthy and whom we have asked to confirm that their privacy policies are consistent with ours. Your customer information is sometimes shared with such carefully selected partners in order to enhance your shopping experience. We also sometimes allow third-party companies to collect certain anonymous information (e.g. mouse clicks, mouse movements, scroll behavior and/or keystroke activity) during your visits in order to further enhance your shopping experience.

Notice to California Residents: If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by APRICOSS to any third parties, including (i) a list of the categories of personal information about you that APRICOSS has disclosed to third parties for the third parties’ direct marketing purposes during the calendar year preceding your request, (ii) the names and addresses of such third parties, and (iii) if the nature of the third parties’ business cannot reasonably be determined from their names, examples of the products or services marketed sufficient to give you a reasonable indication of the nature of the third parties' business. To submit a request with the subject heading "CALIFORNIA PRIVACY REQUEST" to love@apricoss.com

What choices do I have?

As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of certain APRICOSS and APRICOSS mobile application features. If you do not want to receive e-mail or other mail from us or if you have any questions about how your information is being used, please simply send a request to.

Conditions of use, notices, and revisions

If you choose to visit APRICOSS, your visit and any dispute over privacy is subject to this Policy and our Terms of Use. If you have any concern about privacy at APRICOSS please contact us at love@apricoss.com


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