Terms of Purchase

All advertisements on the Site are invitations to purchase and not offers to sell. By Vanessa S. LLC. reserves the right, at its sole discretion, to accept or reject the order once the order form has been completed and submitted.

Receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated with your account. Such e-mail is a confirmation that your order has been received by By Vanessa S. LLC. but does not constitute acceptance of your order. By Vanessa S. LLC. reserves the right at any time after receipt of your order to accept or decline your order for any reason and By Vanessa S. LLC. will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that By Vanessa S. LLC. rejects the order, By Vanessa S. LLC. will have no obligation to fulfill your order and you will have no obligation to pay By Vanessa S. LLC. for the order.

The purchase of products on the Site is subject to availability. In the event that By Vanessa S. LLC. advises you that such products are no longer available, By Vanessa S. LLC. will have no obligation to fulfill your order and you will have no obligation to pay By Vanessa S. LLC. for the order. 

You agree to pay By Vanessa S. LLC. the amount set out as the “TOTAL” in your order summary as part of the “Payment” step (the “Fee”). The Fee is quoted in U.S. dollars and includes shipping and handling and all applicable taxes.

When placing an order, your billing address must correspond to the address of your credit card, otherwise we will not be able to process your order. Gift cards and gift certificates will not be applicable on the Site. On the Site (including its mobile version), you may pay for your purchase using a valid VISA, MasterCard, American Express or Discover card or PayPal and you authorize By Vanessa S. LLC. to charge the applicable card for the Fee and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and By Vanessa S. LLC. will have no obligation to fulfill your order.

Your order will be shipped to the delivery address specified by you during the order process. By Vanessa S. LLC. is not responsible for any loss of the products following shipment from By Vanessa S. LLC.  or its agents’ or mandataries’ facilities to your delivery address.

Merchandise may be returned for exchange or full refund to our online store within fifteen (15) days of the original purchase date when accompanied by the original sales receipt (except personalized items, Made-to-Order and PayPal purchases). All merchandise returned for exchange or refund must be in perfect saleable condition.. All refunds may only be made in the same currency and country as the original purchase.

You are responsible for the security of your account and password. By Vanessa S. LLC. will not be liable for any damages and expenses arising out of or relating to any unauthorized use of such password.

By Vanessa S. LLC.  personal information practices on the Site are governed by By Vanessa S. LLC.

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By Vanessa S. LLC. may at any time modify these Terms of Purchase and will post a copy of the amended Agreement on it’s website. 

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL BY VANESSA S. LLC. BE LIABLE FOR ANY INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED ON THIS SITE OR THEIR USE OR MISUSE, WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY WILL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THIS AGREEMENT OR ANY FUNDAMENTAL BREACH OF THIS AGREEMENT. THIS TERM MAY BE VOID, INAPPLICABLE OR UNENFORCEABLE IN WHOLE OR IN PART IN THE STATE OF NORTH CAROLINA.

BY VANESSA S. LLC.  TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURY AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED ON THIS SITE AND ANY USE MADE THEREOF WILL BE LIMITED TO ALL FEES PAID BY YOU TO BY VANESSA S. LLC. HEREUNDER FOR THE PURCHASE OF SUCH PRODUCTS.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING ANY OF THE FOREGOING AND EXCEPT AS OTHERWISE PROVIDED IN WRITING, ANY PRODUCTS SOLD TO YOU ARE ON AN “AS IS” BASIS, WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE; HOWEVER, BECAUSE SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATIONS, OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CHECK YOUR STATE LAW.

This Agreement will be governed by the laws of the State of North Carolina. The exclusive jurisdiction for any claim, action or dispute with By Vanessa S. LLC. or relating in any way to your use of the Site or a purchase made on the Site will be in the state and federal courts of the State of North Carolina and the venue for the adjudication or disposition of any such claim, action, or dispute will be in the City of Durham, North Carolina. All parties to this Agreement waive their respective rights to a trial by jury.

Except for the Terms of Use which govern your use of the Site, these Terms of Purchase along with your purchase order/invoice are the entire agreement between you and By Vanessa S. LLC. with respect to any purchase made by you on the Site and supersede all previous agreements, understandings and representations relating thereto. No failure by By Vanessa S. LLC. to exercise any rights, powers or remedies hereunder or its delay to do so will constitute a waiver of these rights, powers or remedies, and all waivers will be in writing. The single or partial exercise of a right, power or remedy will not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of this Agreement or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of this Agreement, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. By Vanessa S. LLC. will not be liable for any delay or failure to perform any of its obligations under these Terms of Purchase if such delay or failure is due to causes beyond its control. You may not assign these Terms of Purchase to any third party without the prior written consent of By Vanessa S. LLC. These Terms of Purchase will be binding upon and will ensure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) By Vanessa S. LLC. and it successors and assigns. In the event of an inconsistency between the Terms of Use and these Terms of Purchase, the wording in these Terms of Purchase will prevail.

You may contact By Vanessa S. LLC. at: byvsdesigns@gmail.com