Terms of Service

Arconiz Terms of Service

Welcome to The Arconiz website. When we say "we," "us," or "our," we mean The Arconiz. Please read these rules carefully. They're important because they control how you can use our website and services. We'll call our website and everything we offer "Services" for short. If you use our site, it means you agree to follow these rules. If you don't agree, please don't use our site.

Sometimes we might change these rules. If we do, we'll put the new rules on our website or send you an email to let you know. It's important for you to check the rules whenever we change them or you use our Services. If you keep using our Services after we change the rules, it means you agree to the new rules. But if you don't agree, then you can't use our Services anymore. We might also make changes to our Services or stop offering them altogether, and we'll do this whenever we think it's necessary.

Overview

Arconiz operates the website, which provides information and e-commerce services conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing or purchasing from Arconiz, you engage in our service and agree to these terms, including additional terms and policies available by hyperlink. These terms apply to all site users, including browsers and content contributors. By using any part of the site, you agree to these terms. Disagreement with any part of the terms prohibits site access and service use.

Online Store Terms

By using our ecommerce services, you confirm you're the age of majority in your residence or have consent to allow minors under your supervision to use this site. You must not use our products for illegal purposes or violate any laws in your jurisdiction.

General Conditions

Arconiz reserves the right to refuse service to anyone at any time. Content may be transferred unencrypted and may change to conform with technical requirements. The reproduction, duplication, copying, selling, reselling, or exploitation of any service, use of the service, or access to the service without our permission is prohibited.

Shippings & Returns

Please refer to our Shipping & Returns Policy for additional details on what to expect when receiving or returning an Arconiz item.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Accuracy, Completeness, and Timeliness of Information

Arconiz is not responsible if information on this site is not accurate, complete, or current. The material is for general information only and should not be the sole basis for decisions. This site may contain historical information for reference only.

Modifications to the Service and Prices

Product prices are subject to change without notice. We reserve the right to modify or discontinue the service without notice at any time. Arconiz is not liable for any modification, price change, suspension, or discontinuance of the service.

Products or Services

Certain products or services may be available exclusively online with limited quantities and are subject to return or exchange only according to our Return Policy. We cannot guarantee the accuracy of colors and images displayed. We reserve the right to limit sales of our products or services to any person, geographic region, or jurisdiction on a case-by-case basis.

Accuracy of Billing and Account Information

Arconiz reserves the right to refuse any order and may limit or cancel quantities purchased per person, per household, or per order. We strive to communicate changes or cancellations of orders. You agree to provide current, complete, and accurate purchase and account information.

Customer Satisfaction

Our products are sold in limited quantities and availabilities. We have done our best to display our items as accurately as possible on the site but please be aware, variations in style, color, and size may occur as each item is hand-crafted. If you are not satisfied your purchase, please contact assistant@arconiz.com.

Third-Party Links

Arconiz is not liable for content, accuracy, or practices of third-party websites linked from our site. Third-party products, services, and websites are not affiliated with us.

User Comments, Feedback, and Other Submissions

By submitting comments or feedback to Arconiz, you allow us to use, edit, copy, publish, distribute, and translate your submissions without restriction. We have no obligation to maintain comments in confidence, pay for comments, or respond to comments.

Personal Information

Submission of personal information through the store is governed by our Privacy Policy.

Errors, Inaccuracies, and Omissions

Arconiz reserves the right to correct any errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, and availability without notice.

Prohibited Uses

Users are prohibited from using the site or its content for unlawful purposes, to solicit others to perform unlawful acts, to violate international, federal, provincial or state regulations, rules, laws, or local ordinances, and to infringe upon or violate our intellectual property rights or the intellectual property rights of others.

Disclaimer of Warranties; Limitation of Liability

Arconiz does not guarantee that the use of our service will be uninterrupted, timely, secure, or error-free. The service and all products and services delivered to you through the service are provided 'as is' and 'as available' without any representation, warranties, or conditions of any kind.

Indemnification

You agree to indemnify, defend, and hold harmless Arconiz and our affiliates 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 your violation of any law or the rights of a third-party.

Severability

If any provision of these Terms of Service is unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service.

Arbitration Agreement

Please read the enclosed ARBITRATION AGREEMENT very carefully, as it requires that you resolve certain disputes and claims with Arconiz (and Arconiz Entities) through arbitration. This limitation also applies to the ways in which you can seek remedies from us.

You and Arconiz agree that any disputes related to these terms will involve Arconiz Entities as third-party beneficiaries. By agreeing to these terms, Arconiz Entities have the right to enforce these terms against you as the third-party beneficiary.

(a) Arbitration Rules

Any disagreement involving the subject matter of these Terms, the Privacy Policy, the Site, or the Services will be settled by a final and binding arbitration process. The arbitration will take place before Judicial Arbitration and Mediation Services (JAMS) in Los Angeles County, California or at a location chosen by the arbitrator. The arbitration will follow the Comprehensive Arbitration Rules and Procedures of JAMS. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. However, if any rules of JAMS are not applicable or conflict with these Terms, the rules of JAMS will not be followed. Disputes involving patent, copyright, trademark, or trade secret infringement or misappropriation are excluded from this arbitration agreement.

The arbitration will be conducted in English and follow the Comprehensive Arbitration Rules and Procedures of JAMS. The arbitrator will be selected from the list of JAMS arbitrators. Either party may seek injunction relief from any court of competent jurisdiction at any time. If any part of this arbitration clause is deemed invalid, the remaining clause will remain in effect. However, if the part deemed invalid is related to class or representative arbitration, the entire arbitration clause will be considered void.

(b) Costs of Arbitration:

The JAMS Rules and Procedures and fee schedule will govern the payment of parties’ costs and fees owed to JAMS and the arbitrator, and in such case will be subject to any limitations on the costs and fees owed by you as provided in the JAMS Rules and Procedures. 

(c) Small Claims Court

Notwithstanding the foregoing, either you or  Arconiz may assert claims, if they satisfy the jurisdictional requirements of such small claims court and as long as the matter remains in such court and advances on and advances only on an individual (non-class, non-representative) basis, in small claims court in accordance with these in Los Angeles County, California or any United States county where you live or work.

(d) Waiver of Trial

You and Arconiz agree to resolve any claims or disputes through arbitration instead of going to court and having a trial in front of a judge or jury. You understand that you are giving up your right to participate in a class action or class or representative arbitration. Arbitration is generally faster, more efficient, and less expensive than going to court. If there is any legal disagreement between you and Arconiz about whether to overturn or uphold an arbitration decision, both parties agree to have the dispute handled by a judge instead of a jury trial.

(e) Waiver of Class or Consolidated Actions 

All disputes relating to this Arbitration Agreement are to be dealt with individually, not as a group. Matters involving multiple customers or users cannot be combined. If this waiver of collective actions is invalid, neither party is entitled to arbitration; all disputes will then be resolved in court as per section (g) below.

(f) Opt-out. 

You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following email address: assistance@arconiz.com.

(f) Exclusive Venue

These Terms will be controlled by and interpreted according to the laws and rules of the State of California. The Federal Arbitration Act will govern enforcing, explaining, and the effects of the terms in the mandatory arbitration provision above. By using this Site, you agree that any disputes concerning these Terms will be subject to the courts in Los Angeles County, California, or the Central District of California. However, disputes subject to the mandatory arbitration provision are excluded from this.

 

Entire Agreement

These Terms of Service and any policies or operating rules posted by Arconiz constitute the entire agreement and understanding between you and us

Contact Us

Questions about the Terms of Service should be sent to us at assistant@arconiz.com