Terms of Service
Last Updated: November 01, 2022
Welcome to the AVLDE's web site (operated by "Growth Assocites") located at www.avlde.com (“the Site”). AVLDE provides this Site as a service to our customers. Please read the following terms of service (“Terms”) as they govern your use of our Site and our services and content accessible via our Site. To make these Terms easier to read, the Site and our services and content are collectively called the “Services.”
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
We may update the Terms at any time without any notice, so please check back from time to time for the latest information. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
IMPORTANT: WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE YOUR DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS OR THE DISPUTE IS EXCLUDED FROM ARBITRATION, AS FURTHER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW FOR DETAILS ON ARBITRATION AND OPTING-OUT.
■Membership & Eligibility
AVLDE's Membership allows customers to see their pucrchase history, and receive exclusive offers. You can sign up for a membership by registering and creating an “Account.” You may use the Services to make purchases only if you are 18 years or older and capable of forming a binding contract with us. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
When you make a purchase through our Services, you authorize us or our third party payment processor to charge your payment method for any such purchases (plus any applicable taxes and other charges) that may be accrued by or in connection with your purchase. You are responsible for the timely payment of all fees and for providing a valid method of payment. All prices, fees and any applicable taxes and other charges are payable in your selected currency at checkout. When you initiate a purchase transaction via the Services, you will be asked to provide customary billing information such as your name, billing address, and credit card information. You may also need to provide additional information to verify your identity before completing your transaction. If you are completing the purchase using a third party payment processor, that processor’s terms and conditions apply to your payment transaction.
At AVLDE, we are committed to providing our customers with great quality products at low prices. Our products are sold online only in limited quantities and availabilities. We have done our best to display our items as accurately as possible via our Services. Please be aware however that variations in style, color, size, shape (etc.) may occur. If you are not satisfied with your purchase, please review our return policy under our FAQ at https://avlde.com/pages/faq.
We reserve the right to refuse, suspend, or revoke promotional offers at anytime.
(a) Our Content
All of the content that appears on the Site, including all visuals, text, audio and video clips are subject to copyright protections and/or other intellectual property rights or licenses held by AVLDE (“Content”). We either own or have a license to all such Content.
Subject to your compliance with these Terms, AVLDE grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
(b) User Content
“User Content” means any text, graphics, images, works of authorship of any kind or other materials that are posted, generated, provided, or otherwise made available by you through the Services or that you share with other users or recipients. User Content includes without limitation Feedback (defined below) and Tagged Media (defined below).
■Use of the Services
In order to ensure that all visitors to our site can enjoy a safe and secure shopping experience, we ask for your understanding and cooperation in the following matters. Otherwise we might have to suspend or terminate your Account:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Services, or any individual element within the Services, AVLDE’s name, any AVLDE trademark, logo or other proprietary information (including through the use of meta tags or the like), or the layout and design of any page or form contained on a page, without our express written consent, except as is clearly permitted by the functionality of the services;
Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by AVLDE or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Attempt to interfere in any way with the Services or AVLDE’s networks or network security, or attempt to use the Services to gain unauthorized access to any other computer system;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other third party or individual to do anything listed above.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Customers who access and use the https://avlde.com/ website from outside Japan are responsible for complying with their local laws and regulations. When you place an order and select a shipping address outside of Japan you or your designated consignee are the Importer of Record and as such are authorizing AVLDE to import the goods to your destination country on your behalf. Furthermore, you agree that AVLDE may delegate the obligation to import the goods on your behalf to a subcontractor (e.g. customs broker). When indicated on the website, AVLDE through its own or 3rd party software tools will make its best effort to calculate and collect the applicable duties and taxes and any other additional fees up front, either at Checkout or included in the product price, but ultimately you or your designated consignee as Importer of Record are responsible to pay the applicable duties & taxes and any other import fees to your local customs authorities.
■Correction of Site Errors
The information on the Site may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences.
You agree to indemnify and hold AVLDE (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these Terms, your use of the Services, or any activity related to your Account (including negligent or wrongful conduct).
■Third Party Links
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may disable access to your Account at any time by sending an email to us. Upon any termination, discontinuation or cancellation of Services or your Account, the following sections will survive: User Content, Payments, Feedback, Disclaimer of Warranty, Limitation of Liability, Dispute Resolution, Governing Law, and General Terms.
■DISCLAIMER OF WARRANTY
All content, products, and services on the site are are provided to you "as is" without any gurareantees or warranty. Without limiting the foregoing, we explicitly disclaim any warranties of merchantabilitu, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.
AVLDE does not guarantee the accuracy, certainty, safety, or any other aspect of the contents of this website. Website and its contents are subject to change or deletion without notice. Except as otherwise provided in these Terms and Conditions, the Company shall not be liable for any damages arising from errors, changes, or deletions in the posted content, system malfunctions or failures, intrusions into this website by third parties, commercial disputes, or suspension of this website's operation, for any reason whatsoever. We shall not be liable for any loss or damage arising out of or in connection with the use of this website.
■LIMITATION OF LIABILITY
Neither AVLDE nor any other party involved in creating, producing, or delivering the services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of sucstitute services arising out of or in connection with these terms or from the use of or inability to use the services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory
and whether or not AVLDE has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
In no event will AVLDE's total liability arising our of or in connection with these terms or from the use of or inability to use the services or content exceed the amounts you have paid to AVLDE for use of the services or content or One Hundred USD ($100), iF you have not had any payment obligations to AVLDE, as applicable.
The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between AVLDE and you.
These Terms and any action related thereto will be governed by the Constitution of Japan without regard to its conflict of laws provisions.
These Terms constitute the entire and exclusive understanding and agreement between AVLDE and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between AVLDE and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable
, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without AVLDE’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. AVLDE may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by AVLDE under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
■Waiver of Rights
AVLDE’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AVLDE. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact us.