TERMS AND CONDITIONS
Effective Date: 01 January 2023
These terms and conditions (the “Terms and Conditions”) govern the use of www.teranicouture.com (the “Site). This Site is owned and operated by Terani Couture.
By using this Site, you indicate that you have read and understood these Terms and Conditions and agree to abide by them at all times.
Definition of Terms
For the purposes of this Terms and Conditions:
- Buyer refers to any authorized Terani Couture retailer (any individual person, group, entity, or company, etc.) that purchases Terani Couture dress stock at wholesale for sale to customers/consumers at the suggested retail price.
- Customer refers to any individual person, group, entity, or company that purchases Terani Couture dresses from any authorized Terani Couture retailer.
- Consumer refers to any individual person, group, entity, or company.
- Advertisement refers to any promotional material produced by the Buyer, that contains any Terani Couture products. Promotional materials include but are not limited to videos, photos, social media posts, print advertisement in any medium, any marketing collateral on the Buyer’s website or in-store. This also includes any images provided by Terani Couture to the Buyer that are being utilized as marketing collateral by the Buyer.
- Special Orders refers to any order for any dress or gown that is not currently in production or is not available, and is to be specially made for the Buyer purchasing the dress. Special Orders take around two (2) to four (4) months to be specially made for the Buyer. A Special Order fee is usually charged for each dress that is to be specially made for the Buyer. Special Order fees are subject to change. Terani Couture reserves the right to acknowledge a Special Order or cancel a Special Order subject to the factory’s confirmation.
- Specials refers to any order for any dress or gown that is for immediate shipment to the Buyer, or for immediate drop shipment to the Customer whose address is to be provided by the Buyer.
- Stock Orders refers to any order for any number of dresses that are not be immediately shipped to the Buyer.
All content published and made available on our Site is the property of Terani Couture. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Terani Couture is the owner of all trademarks and logos related to Terani Couture. Terani Couture owns all rights to all trademarks registered all over the world. No buyer will have the rights to any Terani Couture trademark. Buyer agrees that they will not claim adversely or assist in any adverse claims made by third parties to Terani Couture with regard to Terani Couture’s ownership of trademarks. Buyer agrees that they will in no way disrupt Terani Couture’s rights to Terani Couture’s trademarks in any jurisdiction all over the world, or question the validity of Terani Couture’s ownership rights to the Terani Couture trademarks. No buyer shall register, or attempt to register any trademark which is similar in any way to Terani Couture’s trademarks.
Terani Couture considers the following to be its proprietary material under all United States and International copyright laws.
- Catalogs; and
- Any other copyrightable work.
Full and unlimited copyrights are held and shall to continue to be held by Terani Couture in accordance with any and all applicable laws. No Buyer, Customer, or Consumer shall, at any time, have or obtain any ownership to any Terani Couture copyrights.
Buyers, Customers, or Consumers must obtain written approval for use of any Terani Couture copyrights, and shall visibly credit Terani Couture for any approved use of any Terani Couture copyright. Any violation or unauthorized use of any Terani Couture copyright shall be prosecuted to the fullest extent possible under all applicable laws.
Buyers, Customers, or Consumers shall not copy or make any similar or derivative works of any Terani Couture copyrights without approval or authorization from Terani Couture. Any violation or unauthorized copying of any copyrighted works of Terani Couture shall be prosecuted to the fullest extent possible under all applicable laws.
Buyers may not use any Terani Couture copyrights or trademarks for any advertisements without written approval from Terani Couture. Any advertisement that includes Terani Couture must clearly and visibly credit Terani Couture, utilizing the official Terani Couture logo. Buyer may not remove by editing, or crop out any of the Terani Couture logos or watermarks, from any copyrighted images provided by Terani Couture to the Buyer. The Buyer is responsible for ensuring that the Terms and Conditions are complied with at all times, when producing an advertisement with and by any third party. Terani Couture shall have the right to use any Buyer’s advertising materials created by the Buyer as marketing collateral for their marketing activities.
Unless a Buyer is deemed and has been approved by Terani Couture to be an authorized online retailer, they are not permitted to sell Terani Couture dresses online. Buyers that have not been approved to be authorized Terani Couture online retailers may request copyrighted Terani Couture images to advertise Terani Couture on their websites, however they cannot have online shopping carts or display prices for Terani Dresses on their website.
Buyers cannot use Terani Couture copyrighted images to sell or offer for sale any Terani Couture dresses on online selling websites without written consent from Terani Couture. Online selling includes sale of Terani Couture dresses on e-commerce platforms, social commerce platforms, auction websites, and all similar retail websites such as Ebay.com, Amazon.com, Walmart.com, etc.
Terani Couture-Buyer Relationship
The Terani Couture-Buyer relationship shall be strictly a seller-purchaser relationship. Transactions and interactions between Terani Couture and the Buyer do not establish any employment, partnership, distributorship, or any sales representation relationship. Buyer transactions with Terani Couture shall fall under no other category of relationship other than that of seller to purchaser.
Sale of Goods
These Terms and Conditions govern the sale of goods available on our Site.
The following goods are available on our Site:
- Evening Gowns and Dresses;
- Mother of the Bride Gowns and Dresses;
- Pageant Gowns and Dresses;
- Cocktail Gowns and Dresses;
- Prom Gowns and Dresses; and
- All Occasion Dresses.
These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.
We reserve the right to modify, reject, or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount that you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Risk of Loss
Terani Couture will not be responsible or liable any for loss, destruction, or damages to the dress(es) and gown(s) once the goods have left our Terani Couture facilities. The Buyer understands that these risks shall be on the Buyer and the liability lies with the Carrier while the package is in transit to the Buyer or to the Buyer’s Customer.
No Terani Couture Buyer, Customer, or Consumer shall sell or offer to sell counterfeit Terani Couture dresses at any time, in under any jurisdiction. Any violation shall be prosecuted to the fullest extent possible under all applicable laws.
The minimum age to use our Site is 16 years old. By using this Site, users agree that they are over 16 years older. We do not assume any legal responsibility for false statements about age.
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Harass or mistreat other users of our Site;
- Violate the rights of other users of our Site;
- Violate the intellectual property rights of the Site owners or any third party to the Site;
- Hack into the account of another user of the Site;
- Act in any way that could be considered fraudulent; or
- Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend, or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Terani Couture shall not be liable to the Buyer for any loss or damage suffered by the Buyer directly or indirectly, as a result of Terani Couture’s failure to deliver or delay in delivering the dress(es) and gown(s) or performing upon the agreements between the Buyer and Terani Couture, where such failure is caused by situations beyond Terani Couture’s control. These include but are not limited to fires, floods, natural disaster, labor strikes, wars, riots, government regulations and restrictions, interruptions of or delays in transportation, accidents, explosions, etc. The time for delivery specified shall then be extended and for a reasonable time thereafter.
Limitation of Liability
Terani Couture and our directors, offices, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses including legal fees from your use of the Site.
Except where prohibited by law, by using this Site you indemnify and hold harmless Terani Couture and our directors, offices, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
These Terms and Conditions are governed by the laws of the State of California.
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Choice of Law and Disputes
Goods are sold to the Buyer by Terani Couture pursuant to a contract formed in the State of California.
All disputes arising out of or relating to such sales and under these Terms and Conditions are subject to the State and Federal Courts of California. Any such claims must be brought against Terani Couture within the jurisdiction of the State of California.
The courts of the State of California shall have jurisdiction over any disputes arising out of or relating to a sale of goods from Terani Couture to the Buyer, and of the parties involved in the dispute. The prevailing party shall be entitled to its attorney’s fees and costs.
Reservation of Rights
By placing an order with Terani Couture, the Buyer indicates agreement with the Terms and Conditions herein and all Buyers must abide by them. Terani Couture reserves the right to hold or cancel any order(s), and/or close the Buyer’s account should Terani Couture find any violations to these Terms and Conditions being acted upon by the Buyer. By continuing to place orders with Terani Couture, it is assumed that the Buyer has read and agrees to all the above Terms and Conditions.
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Please contact us if you have any questions or concerns. Our contact details are as follows:
Phone: (212) 869-7070
You can also contact us through the contact form available on our site : https://teranicouture.com/contact-form