Terms & Conditions

Last updated: February 27, 2023

Introduction

Welcome to the City Vibe® Dresses and Prom Dress website (the “Site”) provided by City Vibe Fashions LLC (“City Vibe”, “we”, “us” and “our”). These Terms and Conditions are a legally binding contract between you and City Vibe governing your access to and use of the Site.

Please read these Terms carefully before using the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not accept these Terms, you may not access or use the Site. We recommend that you print a copy of these Terms for your records.

In these Terms, “you” refers both to you as an individual and to the entity you represent. If you do not agree to these Terms, you may not purchase our products.

Use of the Site

You must be at least 18 years of age to use the Site. Use of the Site by anyone under 18 is not authorized or condoned by us.

The Site allows you to learn about and purchase our trendy and affordable formal dresses and gowns for special occasions. You may browse the Site to view our products and read product information.

To purchase products on the Site, you must create an account and provide your contact and payment information. You represent and warrant that all information you provide to us is accurate and complete.

Your account may only be used by you and may not be shared with anyone else. You are responsible for maintaining the confidentiality of your account credentials and all activity that occurs under your account. Please notify us immediately if you believe your account has been compromised.

Intellectual Property

The content on the Site, including text, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangements thereof (“Site Content”) is the exclusive property of City Vibe and protected by copyright laws.

You may access, view and print Site Content solely for your personal and non-commercial use in connection with purchasing our products. Any other use, including modifying, reproducing, distributing, republishing, downloading, displaying, posting or transmitting any Site Content in any form or by any means without our prior written consent is strictly prohibited.

City Vibe®, City Vibe and our logos and trademarks may not be copied, imitated or used without our prior written consent. Nothing on the Site should be construed as granting any license or right to use any trademark without separate express written consent from us.

User Content

If you submit, upload, post, transmit or otherwise make available any content, suggestions, feedback, ideas, notes, drawings, concepts, or other information on or through the Site (“User Content”), you grant City Vibe a perpetual, worldwide, non-exclusive, royalty-free license to reproduce, modify, adapt, publish, translate, distribute and otherwise commercially exploit the User Content in any medium.

You represent and warrant that: (a) you own or control all rights in and to the User Content and have the right to grant the license granted above; and (b) the User Content does not violate these Terms or the rights of any third party.

We are under no obligation to store or maintain User Content, and we may delete or destroy User Content at any time. We have no responsibility or liability for the deletion or failure to store User Content.

Prohibited Conduct

You agree not to:

  • Use the Site for any illegal purpose or in violation of any applicable laws;
  • Violate or encourage others to violate any right of or obligation owed to a third party;
  • Upload or transmit any material that contains viruses, worms or other malicious code;
  • Post, upload or transmit any content that is defamatory, libelous, inaccurate, unlawful, infringing or otherwise objectionable;
  • Use the Site in any manner that could disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site;
  • Attempt to gain unauthorized access to the Site, user accounts or computer systems or networks connected to the Site;
  • Disrupt or interfere with the security of or otherwise abuse the Site, systems resources, servers or networks connected to the Site;
  • Solicit passwords or personal information from other users for commercial or unlawful purposes;
  • Transfer any rights granted to you under these Terms;
  • Reproduce, modify, copy, sell, distribute or otherwise exploit the Site or its content for any commercial purposes; or
  • Frame or utilize any framing techniques to enclose any trademark or logo included in the Site without our express written consent.

Reviews and Testimonials

If you submit any product reviews, testimonials or other feedback, you grant City Vibe a perpetual, worldwide, non-exclusive, royalty-free license to reproduce, modify, adapt, publish, translate, distribute and otherwise commercially exploit any such content in any medium. You represent and warrant that any reviews or testimonials are based on your independent evaluation of our products and that we have not provided you with any compensation in exchange for your review or testimonial.

We reserve the right not to post or to remove without notice any reviews or testimonials that we reasonably believe violates these Terms or that negatively affect our brand or reputation. You are solely responsible for any reviews or testimonials you submit, so please be thoughtful.

Return Policy

If you are unsatisfied with any product you purchase through the Site for any reason, you may return it for a full refund within 30 days of the original purchase date. Please visit our Returns Policy page for instructions on how to initiate a return.

Returned products must be in their original condition and packaging. We reserve the right to refuse refunds or exchanges for products that are worn, damaged, or not in their original condition and packaging.

You are responsible for all shipping and handling fees associated with returns. We are unable to accept or refund returned products that do not comply with this policy. Please contact us if you have any questions about our Returns Policy.

Shipping & Delivery

We will make reasonable efforts to ship all orders within 3-5 business days after the order is placed. Delivery dates provided are estimates only based on average shipping times, and delays may occur. We are not liable for any delays in shipping.

Shipping and handling fees will apply to all orders, based on your selected shipping method. Applicable shipping rates and delivery estimates will be presented during checkout. Title and risk of loss pass to you upon our transfer of the products to the carrier.

We are not liable for lost, stolen or damaged shipments. Please inspect all packages promptly upon delivery and contact us and the carrier if you discover any shipping damage or errors.

Payments & Pricing

All prices and offers shown on the Site are subject to change without notice. The price you pay will be the price shown in your shopping cart at the time you place your order. Prices do not include taxes, customs duties or other fees, which you are responsible for paying if applicable.

We accept payment through all major credit cards and other methods displayed on the checkout page. You represent that you are authorized to use the payment method you provide and that any payment information you submit is accurate.

We use third-party payment processors to process payments. If your payment cannot be properly processed or is later reversed, we reserve the right to collect any amounts owed using other collection mechanisms.

If you have any issues regarding billing or payment, please contact us immediately so we can attempt to resolve the issue.

Promotions & Discounts

Any promotions, discounts or coupon codes shown on the Site are subject to the applicable terms and conditions. Promotional offers may not be combined with other offers unless expressly stated otherwise. We reserve the right to retract, revoke or modify any promotions at our sole discretion.

Termination

We reserve the right to suspend, restrict or terminate your access to the Site at any time, with or without notice, if we have reasonable grounds to believe you have breached these Terms. We are not liable to you or any third party if we exercise our right to suspend, restrict or terminate your access to the Site pursuant to this provision.

You may terminate your access to the Site at any time by ceasing use of the Site. All provisions of these Terms related to intellectual property rights, prohibited conduct, disclaimers and limitations of liability will survive any termination of these Terms.

Termination of your access to the Site shall not relieve you of any obligations to pay any outstanding fees accrued prior to the termination and/or limit any liability that may otherwise arise from matters occurring prior to the termination.

Disclaimer of Warranties

Your use of the Site is entirely at your own risk. The Site is provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis without warranties of any kind, whether express, implied or statutory.

To the maximum extent permitted under applicable law, City Vibe disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, accuracy, omissions, completeness, access, availability, compatibility and non-infringement.

City Vibe does not warrant that the Site is free from viruses, worms or other malicious code or that it will meet your expectations, be timely, secure, uninterrupted or error-free. Any content downloaded from or accessed through the Site is accessed at your sole risk. City Vibe is not responsible for any loss, corruption or damage to your data or systems resulting from use of the Site.

Information provided on the Site does not constitute professional advice. We recommend you consult an appropriate professional for specific advice tailored to your situation.

These disclaimers constitute an essential part of these Terms. If any portion of the Site proves defective, you assume the entire cost of all necessary repairs. Some jurisdictions limit or do not permit disclaimers of implied warranties, so some of the above disclaimers may not apply to you.

Limitation of Liability

City Vibe is not liable for any indirect, incidental, consequential, special or punitive damages arising out of your access, browsing or use of the Site. Certain state laws do not allow the exclusion or limitation of certain damages, so these limitations and exclusions may not apply to you.

If applicable law does not allow all or any part of the above limitation of liability to apply, the limitations will apply to the maximum extent permitted under applicable law.

To the extent we are found liable for any loss, damage or injury under applicable law, our total liability for any claim arising out of your use of the Site is limited to the greater of $100 or the amount you paid to us in the past year.

Indemnification

You will defend, fully indemnify and hold harmless City Vibe and its officers, directors, employees and agents from and against any claims, actions or demands arising out of your breach of these Terms, use of the Site or violation of any applicable laws or third party rights, including resulting losses, liabilities, judgments, awards, costs, and attorneys’ fees.

City Vibe reserves the right to exclusively control the defense of any indemnified matter under this section. Your obligation to indemnify, defend and hold harmless under this section will survive termination of these Terms.

Governing Law

These Terms and any dispute or claim arising out of your use of the Site will be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law rules. Any dispute arising from your use of the Site will be subject to the exclusive jurisdiction of the state and federal courts in Dallas County, Texas.

The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act shall not apply to these Terms.

If any provision of these Terms is found unenforceable, it shall not affect the enforceability of the remaining provisions. The failure of City Vibe to exercise or enforce any rights does not constitute a waiver of such right.

Modifications

We reserve the right to modify these Terms from time to time. If we make any material modifications, we will notify you by updating the date at the top of these Terms and in some cases, we may provide you with additional notice. Substantial changes may require your consent before the changes are applied to you.

Your continued use of our Site constitutes your acceptance of the amended Terms. If you do not agree with any modifications to these Terms, you must immediately stop using our Site.

Contact Us

If you have any questions about our Site or these Terms, please contact us at:

City Vibe Fashions LLC
[email protected]

These Terms were last updated on February 27, 2023.