VaVaVintage.shop TERMS & CONDITIONS
The following terms and conditions (the “Terms and Conditions”) govern your use of the VA VA VINTAGE
Web Site located at www.vavavintage.shop (the “Site” or “Web Site”). The Site is made available by Va
Va Vintage (“VA VA VINTAGE” or “we” or “us”). We may change the Terms and Conditions from time to
time, at any time without notice to you, by posting such changes on the Site. BY USING THE SITE, YOU
ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If
you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.
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 ("Terms of Service", "Terms"), including those additional
terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of
Service apply to all users of the site, including without limitation users who are browsers, vendors,
customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or
using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the
terms and conditions of this agreement, then you may not access the website or use any services. If
these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of
Service.
Any new features or tools which are added to the current site shall also be subject to the Terms of
Service. You can review the most current version of the Terms of Service at any time on this page. We
reserve the right to update, change or replace any part of these Terms of Service by posting updates
and/or changes to our website. It is your responsibility to check this page periodically for changes. Your
continued use of or access to the website following the posting of any changes constitutes acceptance
The following Terms of Service (“TOS”) constitute an agreement between Va Va Vintage “VA VA
VINTAGE” and you, the visitor, governing your access and use of any content and functionalities
available at the Va Va Vintage website (the “Site” or “Web Site”).
Before you may use the Site, you must read and accept all of the terms and conditions in, and linked to,
this TOS. By visiting the Site, you agree to this Terms of Service. If you do not agree with everything in
this document, please do not use the Site.
VA VA VINTAGE reserves the right, at its sole discretion, to change any portion of these Terms of Use at
any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the
Site will mean that you accept and agree to the changes. As long as you comply with these, VA VA
VINTAGE grants you a non-exclusive, non-transferable, limited privilege to enter and use the Site.
VA VA VINTAGE reserves the right to refuse service to anyone for any reason at any time.
Use of the Site You may not attempt to gain unauthorized access to any portion or feature of the Site.
You cannot supply false information about your identity and you may not act as a representative of
another person or entity. Use of the Site in any manner that may be construed as unlawful or prohibited
by these Terms of Use is strictly prohibited. Indemnification: You agree to defend, indemnify and hold
VA VA VINTAGE harmless from and against any and all claims, damages, costs and expenses, including
attorneys’ fees, arising from or related to your use of the Site.
Security and Privacy Policy VA VA VINTAGE’s Privacy Policy applies to use of the Site. We consider
your privacy of great importance, and we will never rent, sell or share your private information with
another business. VA VA VINTAGE uses commercially accepted security measures to help protect your
information. With this stated, by using the Site, you acknowledge and agree that Internet transmissions
are never completely private or secure. You understand that any message or information you send to
Site may be read or intercepted by others, even if there is a special notice that a particular transmission
(for example, credit card information) is encrypted.
Security and Privacy Policy VA VA VINTAGE’s Privacy Policy applies to use of the Site. We consider
your privacy of great importance, and we will never rent, sell or share your private information with
another business. VA VA VINTAGE uses commercially accepted security measures to help protect your
information. With this stated, by using the Site, you acknowledge and agree that Internet transmissions
are never completely private or secure. You understand that any message or information you send to
the Site may be read or intercepted by others, even if there is a special notice that a particular
transmission (for example, credit card information) is encrypted.
Accounts and Passwords Should you, at any time present or future, create an account with VA VA
VINTAGE, you are entirely responsible for maintaining the confidentiality of your account information,
including your password, and for any and all activity that occurs under your account. You agree to notify
VA VA VINTAGE immediately of any unauthorized use of your account or password, or any other breach
of security. However, you may be held liable for losses incurred by VA VA VINTAGE or any other user of
or visitor to the Site due to someone else using your VA VA VINTAGE ID, password or account. VA VA
VINTAGE cannot and will not be liable for any loss or damage arising from your failure to comply with
these obligations.
Links We may direct you to other sites to serve your needs on particular items, we are not responsible
for the content of these Sites, nor do we control, sponsor, endorse or approve them. Your use of those
links is at your own risk.
Linking to the Web Site You agree that if you include a link from any other web site to the Web Site
such link shall open in a new browser window and shall link to the full version of an HTML formatted
page of this Web Site. You are not permitted to link directly to any image hosted on the Web Site or our
services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on
another web site. You agree not to download or use images hosted on this Web Site on another web
site, for any purpose, including, without limitation, posting such images on another site. You agree not
to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the
Web Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We
reserve all of our rights under the law to insist that any link to the Web Site be discontinued, and to
revoke your right to link to the Web Site from any other web site at any time upon written notice to you.
Site Content All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos,
sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the
design, structure, selection, coordination, expression, “look and feel” and arrangement of such
Content, contained on the Site is owned, controlled or licensed by or to VA VA VINTAGE, and is
protected by trade dress, copyright, patent and trademark laws, and various other intellectual property
rights and unfair competition laws. No part of the Site and no Content may be copied, reproduced,
republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in
any way to any other computer, server, Web Site or other medium for publication or distribution or for
any commercial enterprise, without express prior written consent from VA VA VINTAGE. Information and
data made purposely available by VA VA VINTAGE such as specification sheets and product information
may be downloaded from the Site provided that you follow these five rules:
• Information will be used for the sole purpose of the individual’s decision on whether to purchase a
particular item.
• Proprietary language must remain on downloaded item.
• Make no modifications to any such information.
• Use such information only for your personal requirements only.
• Do not make any additional representations or warranties relating to such documents.
Purchases; Other Terms and Conditions Additional terms and conditions may apply to purchases of
goods or services and to specific portions or features of the Site. All such terms are made a part of
these Terms of Use by this reference. You agree to abide by such other terms and conditions, including
where applicable representing that you are of sufficient legal age to use or participate in such service or
feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a
specific portion of the Site or for any service offered on or through the Site, the latter terms shall control
with respect to your use of that portion of the Site or the specific service. VA VA VINTAGE’s obligations,
if any, with regard to its products and services are governed solely by the agreements pursuant to which
they are provided, and nothing on this Site should be construed to alter such agreements. VA VA
VINTAGE may make changes to any products or services offered on the Site, or to the applicable prices
for any such products or services, at any time, without notice. The materials on the Site with respect to
products and services may be out of date, and VA VA VINTAGE makes no commitment to update the
materials on the Site with respect to such products and services.
VA VA VINTAGE’s furniture items are not guaranteed for commercial use.
Please see our return policy in the event that you are not satisfied with your purchase.
Orders for Products and Services. We may make certain products available to visitors and registrants
of the Site. You may only order products if, and you hereby represent and warrant that, you are
domiciled in the United States and you are at least 18 years old. You agree to pay in full the prices for
any purchases you make either by credit/debit card concurrent with your online order or by other
payment means acceptable to VA VA VINTAGE. You agree to pay all applicable taxes. If payment is not
received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon
demand by us. Certain products that you purchase and/or download on or through the Web Site may be
subject to additional terms and conditions presented to you at the time of such purchase or download.
Limited Quantities Certain products or services may be available exclusively online through the VA VA
VINTAGE website. These products or services may have limited quantities and are subject to return only
according to our Return Policy.
VA VA VINTAGE has made every effort to display as accurately as possible the colors and images of our
products that appear at the store. We cannot guarantee that your computer monitor's display of any
color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person,
geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the
right to limit the quantities of any products or services that we offer. All descriptions of products or
product pricing are subject to change at any time without notice, at the sole discretion of us. We
reserve the right to discontinue any product at any time. Any offer for any product or service made on
this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased
or obtained by you will meet your expectations, or that any errors in service will be corrected.
Accuracy of Billing and Account Information VA VA VINTAGE reserves 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 and/or shipping 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 judgment, 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.
Modification of Pricing or Services Prices for our products are subject to change without notice. VA
VA VINTAGE reserves the right at any time to modify or discontinue the Service (or any part or content
thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or
discontinuance of a service.
Prohibited Use Any commercial distribution, publishing or exploitation of the Site, or any content,
code, data or materials on the Site, is strictly prohibited unless you have received in writing the express
prior permission of VA VA VINTAGE or the applicable rights holder. You may not otherwise download,
display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or
otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, or
the content, code, data or materials thereon, except as otherwise provided above, you may violate
copyright and other laws of the United States, other countries, as well as applicable state laws and may
be subject to liability for such unauthorized use. VA VA VINTAGE will aggressively enforce its intellectual
property rights to the fullest extent of the law, including the seeking of criminal prosecution.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the
VA VA VINTAGE 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.
Trademarks The trademarks, logos, service marks and trade names (collectively the “Trademarks”)
displayed on the Web Site or on content available through the Web Site are registered and unregistered
Trademarks of ours and others and may not be used unless authorized by the trademark owner. All
Trademarks not owned by us that appear on the Web Site or on or through the Web Site’s services, if
any, are the property of their respective owners. Nothing contained on the Web Site should be
construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark
displayed on the Web Site without our written permission or that of the third party rights holder. Your
misuse of the Trademarks displayed on the Site is strictly prohibited. VA VA VINTAGE will aggressively
enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal
prosecution.
Copyright Agent We respect the intellectual property rights of others, and require that the people who
use the Site do the same. If you believe that your work has been copied in a way that constitutes
copyright infringement, please forward the following information to VA VA VINTAGE’s Copyright Agent,
designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(2), named below:
• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright agent: Va Va Vintage
Name of Designated Copyright Agent: Chief Operating Officer
Mailing Address: 320 N. 10th Street, Garden City, KS 67846
Phone: 785.760.6576
Email: heyjude@vavavintage.shop
DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES,
CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. VA VA VINTAGE ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, VA VA VINTAGE AND ITS AFFILIATES,
SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY
PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU
HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR
SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE
SITE OR IN CORRESPONDENCE WITH VA VA VINTAGE OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY VA VA VINTAGE “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND VA VA VINTAGE OR ITS LICENSOR OR SUPPLIER.
LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL VA VA
VINTAGE, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED Of THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO VA VA VINTAGE FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE.
Shipping and Returns All online sales with VA VA VINTAGE are final.
However, in the event that an item arrives damaged, we can facilitate an exchange for the item ordered
free of charge (not including shipping). Please contact us at heyjude@vavavintage.shop with details and
photos of THE DAMAGED ITEM AND THE PACKING IT ARRIVED IN.
Canceling an Order VA VA VINTAGE is willing to accept cancelation of any order from our site THAT
HAS NOT YET SHIPPED or BEEN PICKED UP. If a purchase has already shipped or been picked up, the
order CANNOT BE CANCELED. To cancel a recent order, please email us at
heyjude@vavavintage.shop at your earliest convenience. We will make every effort to accommodate
your request. Our system is designed to fulfill orders as quickly as possible. As such, we are unable to
cancel or change requests once the order has entered the shipping process.
Payment Options We accept Visa, MasterCard, American Express and Discover cards as well as
payments through PayPal and Affirm payment systems.
Domestic Shipping We strive to ship all orders within three business days. A business day is
considered to be Monday through Friday, excluding holidays. Orders placed on Friday after 12 noon CST
will be shipped the following week.
We use USPS, FedEx and UPS to ship. We choose the most cost-effective shipping method and provider
for each order.
International Shipping VA VA VINTAGE is pleased to offer international shipping. If you would like an
international shipping quote prior to placing an order, please contact us via email at
heyjude@vavavintage.shop.
Please note that shipments outside the US may be subject to import duties and taxes, which are the
sole responsibility of the recipient. Please contact your respective customs office for further
information about specific duties and taxes for your country. In addition, we are required by law to
disclose the full value of package contents and cannot alter the value of your invoice or receipt.
Errors and inaccuracies VA VA VINTAGE reserves the right to correct any errors, inaccuracies or
omissions and to change and update information at any time without prior notice. This includes
incorrect pricing and typographical errors in product descriptions and availability. VA VA VINTAGE
maintains the right to correct such errors whenever found, including after an order has been submitted.
VA VA VINTAGE is 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.
Comments and Submissions All comments, feedback, postcards, suggestions, ideas, and other
submissions disclosed, submitted or offered to vavavintage.shop on or by this Site or otherwise
disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments")
shall be and remain the property of VA VA VINTAGE. Such disclosure, submission or offer of any
Comments shall constitute an assignment to vavavintage.shop of all worldwide rights, titles and
interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.
Thus, VA VA VINTAGE will own exclusively all such rights, titles and interests and shall not be limited in
any way in its use, commercial or otherwise, of any Comments. VA VA VINTAGE is and shall be under
no obligation to maintain any Comments in confidence; to pay to user any compensation for any
Comments; or to respond to any user Comments. You agree that no Comments submitted by you to the
Site will violate any right of any third party, including copyright, trademark, privacy or other personal or
proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain
libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely
responsible for the content of any comments you make. For this reason, we ask that you not send us
any comments that you do not wish to assign to us, including any confidential information or any
original creative materials such as product ideas, photographs, marketing concepts, or merchandising
suggestions.
Product representations VA VA VINTAGE has done our best to portray our products in the most
accurate way, but we cannot and will not be responsible for the way in which the photographs and
product representations appear on your computer screen. There are too many variables such as color;
brightness and tinting that can change how the images appear on your computer or printer.
Disclaimers VA VA VINTAGE does not promise that the Site or any Content, service or feature of the
Site will be error free or uninterrupted, or that any defects will be corrected, or that your use of the Site
will provide specific results. The Site and its Content are delivered on an as is and as available basis. All
information provided on the Site is subject to change without notice. VA VA VINTAGE cannot ensure that
any files or other data you download from the Site will be free of viruses or contamination or destructive
features. VA VA VINTAGE disclaims all warranties, express or implied, including any warranties of
accuracy, non-infringement, merchantability, and fitness for a particular purpose. VA VA VINTAGE will
not be liable for the acts, omissions, and conduct of any third parties in connection with or related to
your use of the Site and/or any VA VA VINTAGE services. You assume total responsibility for your use of
the Site and any linked Sites. Your sole remedy against VA VA VINTAGE for dissatisfaction with the Site
or any content is to stop using the site or any such content. This limitation of relief is a part of the
bargain between parties.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance,
error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction of or unauthorized access to, alteration of, or use,
whether for breach of contract, tort, negligence or any other cause of action.
VA VA VINTAGE reserves the right to do any of the following, at any time, without notice: (1) to modify,
suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to
modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to
interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-
routine maintenance, error correction, or other changes.
Limitation of Liability Except where prohibited by law, in no event will VA VA VINTAGE be liable to you
for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits,
even if VA VA VINTAGE has been advised of the possibility of such damages.
Furniture items sold by VA VA VINTAGE are not guaranteed for commercial use.
Violation of These Terms of Use VA VA VINTAGE may disclose any information we have about you
(including your identity) if we determine that such disclosure is necessary in connection with any
investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action
against someone who may be causing injury to or interference with (either intentionally or
unintentionally) VA VA VINTAGE’s rights or property, or the rights or property of visitors to or users of the
Site, including VA VA VINTAGE’s customers. VA VA VINTAGE reserves the right at all times to disclose
any information that VA VA VINTAGE deems necessary to comply with any applicable law, regulation,
legal process or governmental request. VA VA VINTAGE also may disclose your information when VA VA
VINTAGE determines that applicable law requires or permits such disclosure, including exchanging
information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that VA VA VINTAGE may preserve any transmittal or communication by
you with VA VA VINTAGE through the Site or any service offered on or through the Site, and may also
disclose such data if required to do so by law or VA VA VINTAGE determines that such preservation or
disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3)
respond to claims that any such data violates the rights of others, or (4) protect the rights, property or
personal safety of VA VA VINTAGE, its employees, users of or visitors to the Site, and the public.
You agree that VA VA VINTAGE may, in its sole discretion and without prior notice, terminate your
access to the Site and/or block your future access to the Site if we determine that you have violated
these Terms of Use or other agreements or guidelines which may be associated with your use of the
Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and
unfair business practice, and will cause irreparable harm to VA VA VINTAGE, for which monetary
damages would be inadequate, and you consent to VA VA VINTAGE obtaining any injunctive or
equitable relief that VA VA VINTAGE deems necessary or appropriate in such circumstances. These
remedies are in addition to any other remedies VA VA VINTAGE may have at law or in equity.
You agree that VA VA VINTAGE may, in its sole and discretion without prior notice, terminate your
access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or
other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance
or material modification of the Site or any service offered on or through the Site, or (4) unexpected
technical issues or problems.
If VA VA VINTAGE does take any legal action against you as a result of your violation of these Terms of
Use, VA VA VINTAGE will be entitled to recover from you, and you agree to pay, all reasonable attorneys’
fees and costs of such action, in addition to any other relief granted to VA VA VINTAGE. You agree that
VA VA VINTAGE will not be liable to you or to any third party for termination of your access to the Site as
a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution You agree that all matters relating to your access to or use of the
Site, including all disputes, will be governed by the laws of the United States and by the laws of the
State of Kansas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction
by and venue in the state and federal courts in Finney County, Kansas, and waive any objection to such
jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the
cause of action arises, or such claim or cause of action is barred. No recovery may be sought or
received for damages other than out-of-pocket expenses, except that the prevailing party will be
entitled to costs and attorneys’ fees. In the event of any controversy or dispute between VA VA VINTAGE
and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and
in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a
reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or
dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free
to pursue any right or remedy available to them under applicable law.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent
jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum
extent necessary and replaced with a valid provision that best embodies the intent of these Terms of
Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the
entire agreement between you and VA VA VINTAGE with regard to your use of the Site, and any and all
other written or oral agreements or understandings previously existing between you and VA VA VINTAGE
with respect to such use are hereby superseded and cancelled. VA VA VINTAGE will not accept any
counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. VA VA
VINTAGE’s failure to insist on or enforce strict performance of these Terms of Use shall not be
construed as a waiver by VA VA VINTAGE of any provision or any right it has to enforce these Terms of
Use, nor shall any course of conduct between VA VA VINTAGE and you or any other party be deemed to
modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to
confer any rights or remedies on any third parties.
Disclaimer of Warranties; 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 VA VA VINTAGE, 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.
To contact us regarding any privacy issues
VA VA VINTAGE
320 N. 10th Street
Garden City, KS 67846
phone: 785.760.6576
e-mail: heyjude@vavavintage.shop