Terms and Conditions
This website is operated by Vivant Dolls. Throughout the site, the terms “we”, “us” and “our” refer to Vivant Dolls. Vivant Dolls offers this website, including all information, tools, services, and products available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing or renting 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, competitors 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 store 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 of those changes. Our store is hosted by Woo Commerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. MINORS ARE PROHIBITED FROM USING THIS SITE OR PURCHASING ANY SERVICES OR PRODUCTS. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You assume all risks arising from or relating to your purchase, use and/or possession of any products or services available through this site. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
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.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
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.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve 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 the Service.
PRODUCTS OR SERVICES - ALL PURCHASES ARE FINAL IMMEDIATELY UPON PLACING YOUR ORDER
Certain products or services are made available for purchase online through the website. These products or services may have limited quantities, are of a highly personal nature and are not subject to return or exchange. ALL SALES ARE FINAL AS SOON AS YOUR ORDER IS PLACED. You acknowledge and agree that when your order is placed we incur financial obligations to third parties that cannot be terminated by us or refunded to us, thus your order with us cannot be terminated or refunded. You accept this as fair and reasonable and you agree that you will not attempt to dispute the order in any way (subject to Section 6, below), including, without limitation, by attempting to chargeback or otherwise dispute the transaction with your credit card company or payment processor. You further agree that if you violate this provision by disputing any transaction with your credit card company or payment processor, you will pay immediately to Vivant Dolls upon demand an amount equal to (x) the purchase price of your item plus (y) an additional one thousand dollars ($1,000) (collectively, the "Damage Amount") as liquidated damages, consisting of, among other things, compensation for the loss or potential loss of the item in transit and/or costs incurred in retrieving the item, our time responding to your dispute, the fees that we will incur from our payment processor as a result of your dispute, damage to our credit rating and increased credit card processing fees and costs, and/or damage to goodwill. You expressly acknowledge and agree that (i) the Damage Amount is fair and reasonable and is not a penalty, (ii) you will pay the Damage Amount within one (1) business day following demand from us, which demand may be provided by email, text or phone at the contact information set forth in your order and (iii) should you not make timely payment, we are authorized to charge the Damage Amount to your credit card, debit card or other payment source on file.
We attempt to display accurately the colors, images, dimensions and other descriptions of our products that appear at the store but we do not guarantee its accuracy or completeness. All pictures on the site are displayed for illustrative and descriptive purposes only and are not meant to be an exact representation of the actual product - the actual product may vary due to, among other things, variance in product manufacturing standards, lack of consistency in individual dolls as compared to others, product enhancement, the substitution of accessories such as wigs or clothing and/or the quality of the photographs displayed. Without limiting the generality of the foregoing, the skin tone, hair style, hair color, eye color, nipple and labia color and/or makeup may differ from the pictures on the website and you agree that any such differences are immaterial and do not constitute grounds for a refund or rebate of any kind. We purchase dolls from third party manufacturers and you expressly assume the risk that their standards, quality, consistency and production of any doll may change or otherwise be inconsistent with photographs and descriptions on the website. We also cannot guarantee that your computer monitor's display of any color or images 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 or to substitute a product of similar appearance and quality to the product purchased or rented. 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 the Service will be corrected. Without limiting the generality of the foregoing, all used or pre-owned products are sold "as is" and we disclaim all warranties whether express or implied.
Due to the highly personal and unique nature of the items we sell, ALL SALES ARE FINAL, NO EXCEPTIONS. We cannot accept a return of any item and we do not offer exchanges.
DELIVERY AND SHIPPING.
Dolls are shipped and delivered only within the United States, unless we have otherwise agreed in writing prior to the placement of your order (additional shipping costs may apply). Any orders placed for delivery outside of the United States may be canceled by us at any time and the amount paid by you will be refunded to you, less a $150 processing fee.
Shipping is direct from the manufacturer in China and it is handled by third party logistics companies, not by us. Within the United States and Canada, the duration from the order date until the delivery date typically is five (5) to twenty (20) days. However, we make no representation or warranty regarding delivery times. You agree that you will not attempt to chargeback the purchase price or otherwise dispute the transaction with your credit card company or payment processor unless and until a minimum of thirty (30) days has elapsed from the date of your order (and only then upon prior written notice to us, with an adequate opportunity for us to refund your payment outside of a chargeback scenario). If you breach the foregoing agreement, you agree immediately upon demand to pay us the Damage Amount (as defined in Section 5, above) as liquidated damages consisting of, among other things, compensation for the loss or potential loss of the item in transit and/or costs incurred in retrieving the item, our time responding to your dispute, the fees that we will incur from our payment processor as a result of your dispute and/or damage to goodwill. You agree that (i) the Damage Amount is fair and reasonable and is not a penalty, (ii) you will pay the Damage Amount within one (1) business day following demand from us, which demand may be provided by email, text or phone at the contact information set forth in your order and (iii) should you not make timely payment, we are authorized to charge such the Damage Amount to your credit card, debit card or other payment source on file.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
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 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 but we have no obligation to do so. 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.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
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.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) 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, exploit or act upon 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 Terms of Service.
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 libelous 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.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
ERRORS, INACCURACIES, AND OMISSIONS
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/or 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.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, 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.
As an express condition to entering our physical store location or any other facility operated by us, you agree that you will not take any photos or videos whatsoever inside of any of our physical store location or any other facility operated by us. You agree that if you breach this provision, you shall pay to Vivant Dolls immediately upon demand the sum of $2,500. You agree that this amount is a fair and reasonable estimate of the damages caused to Vivant Dolls by your breach, including but not limited to invasion of privacy and theft of intellectual property, and does not constitute a penalty nor will you take any action to challenge this provision.
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 Vivant Dolls, 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 the maximum extent permitted by law, our maximum liability in connection with your use of this site, the Services and/or any products or services purchased from us is limited to the amount actually paid by you for any such products or services.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Vivant Dolls and our parent, subsidiaries, affiliates, partners, owners, members, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, insurers, 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 or alleged breach of these Terms of Service or any of the documents they incorporate by reference, including our Lease Agreement, or your violation of any law or the rights of any third-party.
SEVERABILITY
In the event that any provision of these Terms of Service 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 Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us in writing that you no longer wish to use our Services or affirmatively reject all or any part of these Terms of Service.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we 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).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
INTERPRETATION
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any other policies or operating rules posted by us on this site or in respect to the Service (including our Lease Agreement and Privacy Policy as applicable) 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 the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
DISPUTES
These Terms of Service and any other agreements pursuant to which we provide you Services shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflicts of law provisions. The state and federal courts located in Los Angeles, California shall have sole and exclusive jurisdiction over the parties and any dispute between us arising under or relating to these Terms of Service, this site, the Services and any services or products made available by us, whether through this site or otherwise. In the event of a dispute, Vivant Dolls shall have the right to collect from you its reasonable costs and disbursements and attorneys' fees incurred in enforcing this Agreement, regardless of the outcome. You shall pay interest on any amount(s) due at the rate of fifteen percent (15%) per annum or the highest rate allowed by law, whichever is less, accruing from the date such amount(s) or other monetary amounts were properly due and payable.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
FORCE MAJEURE
In no event shall Vivant be responsible or liable for any failure or delay in the performance of its obligations hereunder, including but not limited to shipping or delivery delays, arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, pandemics (including but not limited to COVID-19), strikes, work stoppages, accidents, supply chain disruptions, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that Vivant shall use reasonable efforts to resume performance as soon as practicable under the circumstances, in its own business judgment.