Terms & Conditions

Please read the following Terms & Conditions carefully before using this website.

If you visit or shop at www.viragoeffect.com, you accept and agree to these Terms and Conditions and all related policies, conditions and guidelines.

If you do not agree with some or any of these Terms and Conditions, you may not access or use the www.viragoeffect.com website.

Before placing an order, if you have any queries relating to these Terms and Conditions, please email us at info@viragoofficial.com.

 

1. Website Terms

This website is operated by VIRAGO DESIGN d.o.o., referred to as “Virago” in the following text. Throughout the website, the terms “our”, “us” and “we” refer to Virago.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions , referred to as “T&C” in the following text, including those additional terms, conditions and policies referenced herein and/or available by hyperlink. Virago has not reviewed all of the sites linked to www.viragoofficial.com website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Virago of the website. Use of any such linked website is at the user's own risk.

These T&C apply to all users accessing and/or using our website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Any new features or tools which are added to the current website shall also be subject to the T&C. You can review the most current version of the T&C at any time on this page. We reserve the right to update, change or replace any part of these T&C by making updates and/or changes to our website. It is your responsibility to check this page for changes. Your use of or access to the website following the posting of any changes constitutes acceptance of those changes.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

2. General Terms

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing  address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these T&C.

 

3. Prohibited Uses and Actions

You may not modify, copy and/or use the materials for any commercial purpose, or for any public display (commercial or non-commercial).

In addition, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. 

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of these T&C will result in an immediate termination of your Services.

 

4. Privacy

Your submission of personal information through the website is governed by our Privacy Policy. To view our Privacy Policy please click here.

 

5. Electronic Communications

When visiting www.viragoofficial.com or sending emails to us, you are communicating with us electronically and hereby consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the www.viragoofficial.com website. 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.

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these T&C.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

6. Newsletter

By subscribing to our newsletter you agree to receive emails from us. The goal of our newsletter is to keep our contacts and visitors updated about new collections, special offers and brand updates related to new web content and our products.

The subscription to our newsletter service is not mandatory.

The frequency of the newsletter issues will be 2 per month.

We reserve the sole right to either modify or discontinue the newsletter, at any time with or without notice to you. 

We will not be liable to you or any third party should we exercise such right. 

Any new features that augment or enhance the then-current services on this site shall also be subject to these T&C.

We reserve the sole right to unsubscribe users/visitors from our newsletter service, without notice. We will do so with any subscriber we deem registered with fake data.

We require all subscribers to confirm their email address upon registration. 

You will therefore receive a message with a link you’ll have to click in order to confirm the email address and your will to subscribe.

We will not communicate/spread/publish or otherwise give away your address. 

You’ll be able to change your subscription settings or to delete it altogether anytime.

 

7. Purchasing Goods

By agreeing to our T&C, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

By placing an order, you make an offer to purchase a product from us by completing the staged process on the website as set out below:

  • Adding product to your shopping cart

  • Enter login details

  • Enter delivery address details

  • Enter billing address details

  • Confirmation of order

Your order only constitutes an offer to purchase goods from us, and does not form a binding contract until accepted by us. Where you order more than one product your order contains a series of offers for each product individually. On receipt of your order, we will send you an order acknowledgement email to the email address which you provide in the order process.

This order acknowledgement email will contain your order number, details of the goods ordered and a delivery estimate. Note that this email is only to acknowledge that your order has been received, and is not acceptance by us of any offers to purchase goods.

We must receive full payment of the price of the goods before we can accept any offers. Where you select to pay by credit or debit card we will process the payment at the time of preparing your goods for despatch.

An offer made by you to purchase a product shall only be deemed to be accepted by us when we despatch that product to you and send you an order dispatch email which includes details of the product. We reserve the right to refuse any offers in an order prior to acceptance. If a product is not available we will include details of the unavailable product in the order dispatch email. A product which is not available will not be included in the contract for a product which is dispatched.

 

8. Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Virago, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

9. Indemnification

You agree to indemnify, defend and hold harmless AvidThink LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these T&C or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

10. Severability

In the event that any provision of these T&C is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these T&C, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

11. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These T&C are effective unless and until terminated by either you or us. You may terminate these T&C at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these T&C, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

12. Entire Agreement

The failure of us to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such right or provision.

These T&C and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of T&C).

Any ambiguities in the interpretation of these T&C shall not be construed against the drafting party.

 

13. Governing Law

These T&C and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Virago Design d.o.o., Andrije Hebranga 25, 10000 Zagreb, Croatia.

 

14. Contact Information

Questions about our T&C should be sent to us at info@viragoofficial.com.