Terms and Conditions
Last updated July 10, 2020
Please read the following Terms and Conditions of use carefully before using this website. The terms and conditions stated herein apply to Samie Inc. websites & mobile applications. All users of this site agree that access to and use of this site are subject to the following terms and conditions and any applicable laws. If you do not agree to be bound by the terms, provisions and conditions stated herein, you are directed to discontinue your use of this website immediately.
These terms and conditions of use are entered into by you and Samie Inc. ("SAMIE") and its subdivision, Samie Collection, to govern your use of any online-service location (website or mobile application) that posts a link to these terms ("Web Sites"). These Web Sites are owned by SAMIE, which provides you, as a visitor to or customer of these Web Sites, access to and use of these Web Sites subject to your compliance with the terms and conditions set forth below, including all documents, policies, and guidelines incorporated herein (collectively referred to as the "Agreement"). You should read this Agreement carefully before browsing, using, or ordering products or services on our Web Sites.
The use of these Web Sites is governed by the terms, provisions and conditions set forth herein and by entering these Web Sites you agree to be bound by all such terms, provisions and conditions. Please read them carefully. You are responsible for reviewing and becoming familiar with these terms.
Each time you access or enter these Web Sites, you acknowledge that:
- You have read, understand, and agree to be bound by these terms, provisions and conditions. The terms and conditions outlined herein may be amended occasionally.
- The disclaimer, limitation of liability and indemnity provisions set forth in these terms, provisions and conditions are an agreed upon allocation of risk and form an essential part of our agreement to permit you to use these Web Sites, without which agreement SAMIE Inc. would not enter into this Agreement or permit you to use these Sites.
This agreement does not, in any way, alter the terms or conditions of any other written or on-line agreement you may have or will have with SAMIE. We reserve the right to change or modify any of the terms and conditions outlined in this agreement or any policy or guideline referenced herein at any time and in its sole discretion. As our sites evolve, the terms and conditions under which we offer the sites may prospectively be modified and we may cease offering the sites under the terms or applicable additional terms for which they were previously offered. accordingly, each time you sign in to or otherwise use the sites you are entering into a new agreement with us on the then applicable terms and conditions and you agree that we may notify you of additional terms by posting them on the service (or in any other reasonable manner of notice which we elect), and that your use of the service after such notice constitutes your going forward agreement to the additional terms for your new use and transactions. If the agreement is changed, we will post the new terms on these sites (or we may notify you in any other reasonable manner of notice we elect), along with the effective date of changed or modified agreement. Any changes or modifications will be effective upon posting of the new agreement on these sites as revised, and your access to or use or browsing of our sites following the posting of such changes or modifications will constitute your acceptance of the agreement as revised.
Copyright and Limited License
All content, copyrighted materials, and copyrightable materials on these Sites, including, without limitation, logos, designs, text, graphics, pictures, sound files and other files, page layouts, information, data, and the selection and arrangement thereof ("Materials") are the property of SAMIE. Copyright © 2016, Samiecollection.com ALL RIGHTS RESERVED.
Except as stated herein, none of the content or materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of SAMIE.
Any use of the Materials other than as specifically authorized herein, without the prior written permission of SAMIE, is strictly prohibited and will automatically terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring in any manner, whether by implication, estoppel, or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right or any goodwill.
SAMIE and its affiliates grant you permission to display, copy, distribute, and download the content and materials appearing on this Sites for personal, non-commercial, and informational use only. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, to place an order from SAMIE, or to purchase products on SAMIE Web Sites. Furthermore, you agree not to change or delete any proprietary notices from materials downloaded from the site.
All marks and logos featured in these Web Sites, including but not limited to domain name and company name, are trademarks of SAMIE. The trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of SAMIE. All page headers, custom graphics, buttons, icons, and scripts are either trademarks, and/or trade dress of SAMIE or its affiliates. These may not be copied, imitated, or used, in whole or in part, without the prior written permission of SAMIE Inc. or its affiliates. SAMIE Inc. and its affiliate trademarks, service marks, and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits SAMIE Inc. or its affiliates.
Digital Millennium Copyright Act ("DMCA") Notice
SAMIE asks our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement. At SAMIE's sole discretion, SAMIE may remove content infringing on another person's intellectual property rights with or without notice to the potential infringer.
If you believe any material available on our Web Sites infringes a copyright you own or control, you may file a notification of such infringement by mail, or e-mail at the addresses below.
Designated Copyright Agent
609 Deep Valley Dr
Rolling Hills Estates, CA 90274
It is often difficult to determine if your copyright has been infringed. SAMIE may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and SAMIE may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA
Please see Article 17 United States Code Section 512(c) (3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
In accordance with the DMCA and other applicable law, SAMIE has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. SAMIE may also, at its sole discretion, limit access to the Web Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You are granted a limited, non-exclusive right to create text hyperlinks to the Web Sites for noncommercial purposes, provided such links do not portray SAMIE in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit, or illegal material, or any material that is offensive, harassing, or otherwise objectionable. We may revoke these limited rights at any time. In addition, you may not use any SAMIE logo or other proprietary graphics to link to Sites without our express written permission. SAMIE reserves the right to suspend or prohibit linking to the Sites for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
Third Party Links
In an attempt to provide increased value to our visitors, SAMIE may link to web sites operated by third parties. However, even if the third party is affiliated with SAMIE, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of SAMIE. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, SAMIE seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only for our Web Sites, but for third-party sites linked on our Web Sites (including if a specific link does not work). SAMIE disclaims all liability in connection therewith.
Use of This Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a SAMIE or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not distribute or publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not use the site to solicit others to join or become members of any other commercial online service or other organization.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order nor does it constitute confirmation of our offer to sell. We reserve the right, at any time after receipt of your order but prior to shipment, to accept or decline your order for any or no reason. We reserve the right, at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may need to verify any information you provide to us before we accept or process any order.
SAMIE accepts major credit and debit cards: Visa®, MasterCard®, American Express®, and Discover®. We also accept PayPal. We do not accept money orders, checks, or cash. We do not accept alternative payments such as Bitcoin. We may from time to time modify our list of accepted payment methods. You will be required to provide us with the exact billing address and telephone number that your credit card issuer has on file for you. You will be required to provide us with the credit card number and card security code on your credit card. Incorrect information may cause either a delay in processing your order or your order may be rejected. We may use the services of one or more third party, hosting providers, processors and/or financial institutions (each referred to as a "Processor") to process the payment method for your purchases. By providing SAMIE payment method information, you expressly authorize SAMIE, its agents, service providers and processors to charge the payment method for the orders.
Item availability and prices for all products sold on these Web Sites are subject to change without notice.
Shipping Charges & Taxes
You may be responsible for charges for shipping and handling. Such charges are in addition to your order cost. In certain instances, SAMIE is required by law to charge applicable taxes. You remain responsible for the prompt and proper payment of all taxes applicable to the products you purchased.
SAMIE will ship only to U.S. addresses in the 50 States including U.S. post office box addresses, and APO addresses. Puerto Rico, Guam, the U.S. Virgin Islands are excluded. For further information please see our Shipping Policy
For products ordered on this Site, SAMIE will provide to the purchaser a refund or exchange so long as the merchandise returned in its original condition to SAMIE within 30 days from the date of purchase and accompanied by a Return Merchandise Authorization (RMA) number provided to the purchaser by SAMIE. For further information please see our Return Policy.
Correction of Errors & Inaccuracies
With respect to its offering of information, products, and services on the Web Sites, SAMIE attempts to be as accurate as possible. Nevertheless, SAMIE does not warrant that information, product or service descriptions, product availability, or other content of our Web Sites is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible due to computer or other error or cause that a product or service offered on the Web Sites may be mispriced, described inaccurately, or unavailable. In the event that a SAMIE product is mistakenly listed at an incorrect price, SAMIE reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to refuse or cancel any orders placed for product listed at the incorrect price. SAMIE reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, SAMIE shall issue a credit to your credit card account in the amount of the incorrect price.
SAMIE Web Sites, the materials, and products displayed are provided on an "as is", "as available" basis and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, SAMIE disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. SAMIE does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. We do not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. You expressly agree that use of these Web Sites, including all content, data or software distributed by, downloaded or accessed from or through these Web Sites, is at your sole risk and responsibility.
Limitation of Liability
SAMIE and its officers, directors, employees, shareholders or agents are not liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if SAMIE has been advised of the possibility of such damages. SAMIE and its officers, directors, employees, shareholders or agents shall not be liable for any direct, indirect, punitive, exemplary, or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use any of the this Sites, the content or the materials contained in or accessed through this Sites, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from SAMIE, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, communications failure, theft, destruction or unauthorized access to SAMIE’s records, programs or services. Except where prohibited by applicable law, in no event shall the aggregate liability of SAMIE, whether in contract, warranty, tort, product liability, strict liability or other theory, arising out of or relating to the use of or inability to use any of the Programs or Sites exceed any compensation you pay, if any, to SAMIE for access to or use of the Sites. To the fullest extent permitted by applicable law, in no event will SAMIE be held totally liable to you, for any possible damages, losses, and causes of action in connection with your access to and use of the sites and your rights under these terms, exceed an amount equal to the amount you have paid SAMIE in connection with the transaction(s) that underlie the claim(s); provided, however, this provision will not apply if a court or tribunal with applicable jurisdiction finds such to be unconscionable. For purposes of clarity, the prior sentence does not expand or limit any express, written product warranty that is provided by SAMIE or a manufacturer of a physical product.
You shall indemnify, defend and hold harmless SAMIE and its affiliates and their respective shareholders, directors, members, managers, officers, employees and agents from and against any and all liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), arising out of, resulting from, or in connection with, your use of these Sites and/or any third party sites and/or your use of the products obtained from SAMIE.
Waiver, Modification, and Assignment
SAMIE’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right thereof. Neither the course of conduct between the SAMIE and a user of these Web Sites nor trade practice shall act to modify any provision of this Agreement. SAMIE may assign its rights and duties under this Agreement to any party at any time without notice to you.
SAMIE may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to SAMIE. We may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the Web Sites, or in another reasonable manner; and we may contact you by mail or e-mail sent to the address provided by you. You agree to promptly notify us if you change your e-mail or mailing address by updating your account settings.
Jurisdiction and Compliance with Laws
Access to and use of the Web Sites and these Terms and Conditions are governed by U.S. federal law and/or the laws of the State of California, without resort to conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Web Sites or these Terms and Conditions shall be instituted only in a state or federal court located in Orange County, California. You and SAMIE agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
If any provision of these Terms and Conditions shall be deemed by an appropriate authority to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by SAMIE without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Jurisdiction and Compliance with Laws, shall survive any termination. Upon suspension or termination of your access to the Web Sites, or upon notice from SAMIE, all rights granted to you under these terms or Agreement will cease immediately, and you agree that you will immediately discontinue use of the Web Sites.
California Consumer Rights and Notices
Pursuant to Cal. Civil Code § 1789.3, please note that SAMIE' registered office address is SAMIE Inc. 609 Deep Valley Dr Suite 200, Rolling Hills Estates, CA 90274. If you have a complaint regarding SAMIE Sites or product or desire further information on use of the Sites and product, you may submit your complaint via email using our Contact Us Form. For complaints you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.