Terms of Service
Welcome to Handbago. Our services to you are subject to the following conditions. If you visit or shop on Handbago, you accept these conditions. Please read them carefully. In addition, when you use any current or future Handbago services you also will be subject to the guidelines and conditions applicable to such service or business.
We reserve the right to change the terms of this User Agreement or to modify any features of this Service at any time without notice to you, and you agree to be bound by such changes. Any changes to this User Agreement shall become a part of this User Agreement and shall apply as soon as they are posted. This Agreement will remain in full force and effect while you use the web site and the services at Handbago. You may terminate your membership at any time, for any reason by using the contact form. The most current version of the User Agreement can be viewed at any time at http://www.handbago.com.
Handbago reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, its website with or without notice. You agree that Handbago shall not be liable to you or any third party for any modification, suspension or discontinuance of its service.
Registration is not required to browse or shop on Handbago. However, certain features offered on Handbago may require you to register or submit certain personal information, such as your name, personal information, e-mail address, and/or billing information. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
You may not enter a name or any information of another person with either the intent to impersonate that person or without their permission. Handbago does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Handbago.com only with involvement of a parent or guardian. Handbago reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
When you visit Handbago.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
NON COMMERCIAL USE
Any passwords and compiled names, images, photos, links, and Web site content are not to be transferred or copied from the Web site for use with any other product or service. Illegal and/or unauthorized uses of the Web site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Handbago or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Handbago and protected by U.S. and international copyright laws.
CONTENT POSTED OR SUBMITTED TO HANDBAGO
You understand and agree that Handbago editors may review and delete any content, messages, photos, descriptions or profiles (collectively, "Content") that in the sole judgment of Handbago violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or Others. You are solely responsible for the Content that you publish or display (hereinafter, "post") on Handbago, or transmit to other Members or visitors. By posting Content to any public area of Handbago, you automatically grant, and you represent and warrant that you have the right to grant, to Handbago a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media to (i) use, reproduce, stream, modify, distribute, prepare derivative works of, display, publish, perform and transmit the Material in connection with the Handbago Service and Handbago’s (and its successors’) business, including without limitation for promoting and redistributing part or all of Handbago (and derivative works thereof) in any media formats and through any media channels, and (ii) use, reproduce and display, and to permit others to use, reproduce and display any trademarks, service marks, slogans, logos or similar proprietary rights contained or embodied in the Material, in connection with Handbago. You warrant that all moral rights to the Material you submit have been waived. You also hereby grant each user of Handbago a non-exclusive license to access your Material through Handbago, and to use, reproduce, distribute, prepare derivative works of, display and perform such Material as permitted through the functionality of Handbago and under this Agreement. You grant Handbago and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Handbago for all claims resulting from content you supply. Handbago has the right but not the obligation to monitor and edit or remove any activity or content. Handbago takes no responsibility and assumes no liability for any content posted by you or any third party.
You also grant and authorize Handbago editors and licensors permission to edit or delete any objectionable material or posts. The following is a partial list of the kind of content that is illegal or prohibited on Handbago. Handbago reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Objectionable material includes content that is:
* a.) Offensive to the online blog community, such as content that promotes or invites racism, bigotry, hatred, violence, explicit language or physical harm of any kind against any group or individual;
* b.) Harasses or advocates harassment of another person;
* c.) Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spam";
* d.) Information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
* e.) Promotes illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files, or copyrighted images or digital mediums to which you don't own the diverse license;
* f.) Requires a password to access pages, or hidden pages or images (those not linked to or from another accessible page);
* g.) Displays pornographic or sexually explicit material of any kind;
* h.) Provides material that exploits children under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
* i.) Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
* j.) Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
Robots and Screen Scraping: You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this site, except with our express written consent as noted below.
Framing: You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Handbago without express written consent.
Meta Tags: You may not use any meta tags or any other "hidden text" utilizing Handbago's name or trademarks without the express written consent of Handbago. Any unauthorized use terminates the permission or license granted by Handbago.
LINKING TO HANDBAGO
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to Handbago so long as the link follows our linking guide and does not portray Handbago, its services in a false, misleading, derogatory, or otherwise offensive matter.
Handbago is not responsible for any incorrect or inaccurate content posted on the Web site or in connection with the Service, whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service. Handbago is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. Handbago assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications.
Handbago is not responsible for any problems or technical malfunction of any servers or providers, software, problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related issues resulting from participating or downloading materials in connection with the Web and/or in connection with this Service. Under no circumstances will Handbago be responsible for any loss or damage, resulting from anyone's use of the Web site or the Service, any content posted on the web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline.
The Web site and the Service are provided "AS-IS" and Handbago Editors expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Handbago cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by users from Handbago or through or from the service shall create any warranty not expressly stated herein.
LIMITATION OF LIABILITY
Handbago is not liable for any direct, indirect, special, incidental, or consequential damages arising out of the use-or the inability to use-the material on the site. This includes but is not limited to the loss of data or loss of profit, even if Handbago was advised of the possibility of such damages.
You agree to indemnify and hold Handbago, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
Some of the content displayed on Handbago may be paid for or sponsored content. Handbago reserves the right to highlight, include or remove any information that may or may not identify the sponsored content.
COPYRIGHT AND THE DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any Material, or any other content found on Handbago infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail to permit the service provider to locate the material and verify its existence;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Handbago's designated Copyright Agent to receive notifications of claimed infringement is: Brian Meert, 5530 Owensmouth Ave #317, Woodland Hills, CA 91367, phone (323) 454-3549, email@example.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Handbago customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Handbago is a marketplace that allows merchants to operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Handbago does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Handbago attempts to be as accurate as possible. However, Handbago does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Handbago itself is not as described, your sole remedy is to return it in unused condition.
All orders are subject to acceptance and availability. Handbago offers products for sale that are in stock and available from our distribution center or from partners that sell on our site. There are instances where we or our partners may be waiting for shipments from suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once the item has been delivered to Handbago or its partners. Your rights regarding Advance Purchase are the same as those for any other purchase at Handbago.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit card within thirty days of being advised that merchandise has become unavailable.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on Handbago. Please note that on occasion certain products that are in particularly high demand will sell out during this period. Please note that items in your shopping basket are not reserved and may be purchased by other customers.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, no other tax or import duty will be applied to orders shipped within the USA.
SALE PRICE ADJUSTMENT POLICY
Handbago offers a sale price adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved sale price adjustments will be credited to your Handbago account in the form of a store credit which will be valid for 12 months.
We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order. Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the contract between you and Handbago will be perfected when we dispatch the goods to you at which time you will receive a second email containing you tracking number, and confirming that your order has been dispatched. The sale contract is therefore concluded in the State of California, USA.
Handbago reserves the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the Terms of Service.
Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. Handbago or its merchant partners will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa, MasterCard, American Express and/or additional methods which may appear on the site. Payment will be debited and cleared from your account by HANDBAGO. You confirm the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
If the issuer of your payment card refuses to authorize payment to Handbago, we will not be liable for any delay or non-delivery. Occasionally, high demand causes us to run out of certain items. If we don't have an item that you have ordered in stock, we'll notify you by email.
Sometimes, an item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit card, we will refund your charge.
We take all reasonable care to make our Site as secure as we can make it. All credit card transactions on this site are processed using Authorize.net, a secure online payment gateway that encrypts your card details in a secure host environment.
To help ensure that your shopping experience is safe, simple and secure, Handbago uses Secure Socket Layer (SSL) technology. Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, Handbago cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the site.
DELIVERY AND INSURANCE
Handbago insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We work with our carriers to determine when the goods were delivered, at which point responsibility for your purchased goods passes to you.
Please note that we aim to dispatch all orders within 48 hours. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, Handbago are not responsible for any delays caused by destination customs clearance processes
TRACKING YOUR ORDER
You can check the current status of your shipment by signing into your account and selecting ORDER STATUS. Simply type in your unique tracking number which we emailed to you, and we will track your shipment for you.
If you wish to return an item, please fill out the returns form on Handbago. If you have additional questions, please contact Handbago customer service.
Please note we can only exchange items for a different size, based on stock availability. If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately. To exchange an item, you will need to sign into your account and create an exchange specifying the new size you require, following the instructions detailed above.
RECEIVING A REFUND
Your refund will either be credited to the original purchaser's credit card or Handbago account, as applicable. Your refund amount will exclude shipping costs (with the exception of faulty items) which we deduct to cover the cost of our collection service.
Items should be returned unused and with all Handbago and designer garment tags still attached. Returns that are damaged or soiled may not be accepted and may be returned to the customer. Where provided, any designer packaging such as authenticity cards, dust bags and leather tags should be included with your return. Please contact Handbago if any of your purchases have been delivered without Handbago tags. All items returned should have a Handbago return number. Unidentified returns may be returned to the sender.
RISK OF LOSS
All items purchased from Handbago are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
If there is any dispute about or involving Handbago and/or the Service, by using the Web site, you agree that:
1. Handbago shall be governed by the laws of The United States of America and deemed to be solely based in the State of California;
2. The Handbago website shall be deemed a passive website that does not give rise to personal jurisdiction over Handbago, either specific or general, in jurisdictions other than the State of California; and
3. Any cause of action arising out of or related to the Handbago Service must commence within one year after the cause of action accrues.
Terms Of Service 7/12/2010 © Handbago.com