Terms and Conditions
Effective Date: March 25, 2022

The following terms and conditions (collectively, the “Terms”) constitute an agreement for the use website www.berlandaboutique.com  (the “Website”). By accessing or otherwise using this Website, you agree to be bound contractually by these Terms and the Privacy Policy, incorporated herein by reference. Your affirmative act of using this Website and/or registering with the Website constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.

  1. Parties. The parties to these Terms are you, and the owner and operator of this Website: Berlanda Boutique LLC and/or its affiliates (the “Company”). All references to “we”, “us”, or “this Website” shall be construed to mean the Company.
  1. Modification of Terms. We reserve the right to modify these Terms at any time, and without prior notice, by posting amended Terms that are always accessible through the “Terms and Conditions” link on this Website’s home page. Your continued use of this Website indicates your acceptance of the amended Terms. You should check these Terms through this link periodically for modifications. We may also, from time to time, issue additional guidelines and rules with respect to using our Website. We will endeavor to notify you on the Website when we issue any such additional information. By using our Website, you agree that you will comply with any such additional guidelines and rules.
  1. License. Company grants you a limited non-exclusive, non-transferable, and revocable license to access and use the Website, only for your personal use and not for purposes of resale. This license terminates automatically if you breach these Terms. You do not have the right to modify this Website, its content, or any copyright or other proprietary notices. Unauthorized use of this Website or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
  1. Restrictions. You may not copy, modify, distribute, download, display, transfer, post, or transmit this Website or its content in any form without Company’s prior written permission.
  1. Prohibited Activities. The following activities are also expressly prohibited without Company’s prior written permission: (i) any non-personal or commercial use of this Website; (ii) use of any robot, spider, other automatic device, or manual process to monitor or copy this Website or any of its content; (iii) attempting to gain unauthorized access to any of our services, user accounts, computer systems or networks through hacking, password mining or other means; (iv) “mirroring” this Website or any content on any other server; (v) reverse engineering, attempting to derive source code from, or translating for commercial purposes any part of the Website; (vi) collection or use of information for a supplier of competitive or comparable products or services; (v) misusing the Website or the services we provide, creating fraudulent user accounts, or collecting or storing personal information about other users; (vi) any action that imposes an unreasonable or disproportionately large load on this Website or otherwise interferes with its functioning; and (vii) any other action that may reasonably and adversely jeopardize the Company’s reputation or quality of services.

 Online Purchases. To purchase Products through the Website, you must provide valid payment and billing information. Such information will be collected by the Company. Your information will be collected and used in accordance with our Privacy Policy and these Terms. When you purchase Products through the Website, prices will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to have your payment card billed for the total amount displayed at check out. By purchasing Products through the Website, you represent and warrant to the Company that you can enter into a contract under applicable law.

  1. Shipping. We ship only in the US. We ship ONLY to “verified” billing addresses on file with your credit card/banking institution(s)or address provied. Most orders are processed within twenty-four (24) hours, except for weekends and holidays. Most orders are shipped within forty-eight (48) to seventy-two (72) hours, unless the Products is/are Special Order or on back order. If the Products is/are Special Order or on back order, you will be notified via email. The Products will be shipped as soon as possible. Most orders are delivered to you within seven (7) to ten (10) business days. We ship most orders via FedEx Ground or another company. The receiver is responsible for all Customs, Duties, and Brokerage fees.
  • Return Policy. ALL SALES ARE FINAL. We do not accept returns or exchanges unless the Products you purchased is/are defective, as determined in our sole and absolute discretion. Any returns accepted by us are subject to a twenty-five percent (25%) restocking fee. Shipping costs are non refundable and all return shipping costs are the responsibility of the buyer. Any returns accepted by us must be within thirty (14) days of the date of purchase, be unused, and be in an unopened new box. . All returns are subject to inspection. Any Products, in our sole and absolute discretion, that shows evidence of use, installation, improper handling, improper packaging, or improper shipping will not be considered for exchange, refund, and may void its warranty. NOTWITHSTANDING THE FOREGOING, WE WILL NOT CANCEL OR ACCEPT RETURNS, REFUNDS, OR EXCHANGE “SPECIAL ORDER PRODUCTS”. Special Order Products refer to any Products that is/are not in stock with the Company.
  1. Participation in Promotions of Advertisers. You may enter into correspondence with or participate in promotions of any advertisers promoting their products, services or content on this Website (“Advertisers”). Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each Advertiser.
  1. ECPA Notice. This Website treats email messages and other communications through this Website as private. Exceptions are those permitted by law, included under the Electronic Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the “ECPA”). The ECPA permits our limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate our system or to protect our rights or property, (ii) upon legal demand (court orders, warrants, subpoenas), or (iii) where we receive information inadvertently which appears to pertain to the commission of a crime. This Website is not considered a “secure communications medium” under the ECPA.
  1. USA Patriot Act Notice. The U.S. federal USA Patriot Act (“USA Patriot Act”) provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator. We anticipate fully complying with all our obligations, and availing ourselves of all our rights, under the USA Patriot Act.
  1. Accuracy of Information and Disclaimer of Warranty. Company has made every effort to present the content on this Website accurately, but additions, deletions and changes may occur. Except as may be provided in any separate agreements originating from this Website, Products, services, and/or content on this Website is provided “as is”, and neither Company nor its representatives make any representation or warranty with respect to such Products, services, and/or content. COMPANY AND ITS REPRESENTATIVES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES PURCHASED FROM THE COMPANY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE COMPANY ALSO DOES NOT IN ANY WAY REPRESENT OR WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE WEBSITE IS FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL FILES. COMPANY DOES NOT COVER THE MANUFACTURER’S WARRANTIES. ALL WARRANTIES AND/OR GUARANTEES, IF ANY, ARE PROVIDED SOLELY BY THE MANUFACTURER.
  1. Limitation of Liability. Under no circumstances will Company or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) this Website or its content, even if they have been advised of the possibility of such damages. You access and use this Website at your own risk. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR THE PRODUCTS. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FURTHER, TO THE MAXIMUM EXTENT PERMITTED AT LAW, OUR AGGREGATE LIABILITY FOR DAMAGES TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, FRAUD, NEGLIGENCE, PRODUCTS LIABILITY AND STRICT LIABILITY), SHALL BE LIMITED TO THE AMOUNT OF ALL PAYMENTS ACTUALLY RECEIVED BY US FROM YOU PRIOR TO THE DATE OF THE CLAIM.
  1. Indemnification. You hereby release, indemnify and hold the Indemnified Parties harmless from, and agree that the Indemnified Parties shall in no event be liable for, any claims, losses, damages or liabilities relating to (i) any inaccuracies, errors or omissions with respect to any information contained on the Website, (ii) your activities in connection with this Website and/or materials, programs, features, Products and services made available therein, including your use, misuse, or purchase of Products from the Company; and (iii) your violation of these Terms or the Privacy Policy. This indemnification obligation is in addition to other obligations set forth elsewhere in these Terms.

Assignment. You may not assign or transfer any of your interest in or rights or obligations under these Terms without our prior written consent. We may, however, assign or transfer any of our rights or obligations under these Terms to any third party without your prior consent.

  1. Intended for use Only in the United States. This Website is controlled and operated by Company from its offices within the United States. Company does not represent that this Website is appropriate or available for use elsewhere; access to this Website from locations where its contents are illegal is not authorized. If you access this Website from outside the United States, you do so on your own initiative and at your own risk.
  1. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
  1. Authority, Eligibility. In accordance with the Children’s Online Privacy Protection Act, children under the age of 13 are prohibited from using this Website. If you are a parent or guardian of a minor child, you may use this web Website in compliance with these Terms and the Privacy Policy on their behalf, and any reference to “you” or “your” in these Terms shall refer to such minor child. Membership on this Website is null and void if prohibited by applicable law. By using the Website, you represent and warrant to us that you are at least 18 years of age, that you have the proper right, authority and capacity to enter into these Terms on your behalf or on behalf of another person, and that you will abide by the terms and conditions contained in these Terms.
  1. Privacy. Please review this Website’s Privacy Policy which also governs your visit to this Website.

                                    BERLANDA BOUTIQUE REFUND POLICY

1. Refund requests must be made within 14 days of the delivery date. After 14 days from

The delivery date you must contact Berlanda Boutique Customer Service to determine the best course of action. “Berlanda Boutique” will not issue refunds for products purchased through other entities, such as distributors or retail partners. Defective units are covered under Berlanda Boutique’s 3 months limited warranty policy will be replaced at Berlanda Boutique cost.

2. A copy of the Berlanda Boutique credit card purchase receipt, and a copy of the original

Berlanda Boutique invoice may be requested prior to  Berlanda Boutique Customer Service issuing a Return

Authorization.

3. Unit must be in like-new condition and returned in original packaging with all original

accessories, literature, and other components. Berlanda Boutique reserves the right to reject any refund request if the product is received damaged or if any accessories, literature, or

other original components are missing.

4. A Return Authorization (RA) Number must be obtained prior to returning the product;

to request an RA number, please email or call ((561) 577-5502) and provide the

following information:

Name

Address

Phone

Reason for Return

Date of Purchase

Color of apparel

Screenshot of the product

5. Upon written receipt and details, send the product to:

Berlanda Boutique

Attention: Non-Warranty Returns Department

Date purchased

4955 Grinnell St Lake Worth Fl 33463

6. Please mark with attached price and information about the product on the box to be mailed on the outside of the package.

7. A copy of the “Berlanda Boutique” credit card purchase receipt, and a copy of the original

Berlanda Boutique’s invoice should be placed inside the return package so that it is easily visible.

8. Products received without the information essentials and the required documentation as

specified above may not be accepted or processed for return.

9. Products received that do not meet the above return criteria may be returned to the

customer via ground shipment.

10. You may be responsible for shipping costs for returning the product t Berlanda Boutique. The product should be shipped so that it can be tracked and/or

insured; Berlanda Boutique is not responsible for products lost or damaged during return shipment.

11. Returns may be subjected to a 10% restocking fee. Shipping charges may be nonrefundable.

12. Funds will be credited within 7-10 business days of receipt of returned product pending

qualification and subject to the above criteria.

For any details, please contact: return@berlandaboutique.com

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