Introduction
Welcome to Campia Moda® Shirt, Hawaiian Shirts at campiamoda.shop (the “Site”). These Terms and Conditions are a legally binding contract between you and Campia Moda® Shirt, Hawaiian Shirts (also referred to as “we,” “us,” “our”) regarding your use of the Site and any purchase of products.
Please read these Terms carefully before using our Site or placing an order. By accessing the Site or purchasing products, you agree to be bound by these Terms. If you do not accept these Terms, you may not use the Site or purchase products.
We may revise these Terms at any time by updating this page. By using the Site following any changes, you agree to abide by the revised Terms.
Use of Site
Permitted Use. The Site and its Content are intended solely for personal, noncommercial use. You may use the Site only in a lawful manner. We grant you a limited, revocable, and nonexclusive license to access and use the Site and its Content subject to these Terms.
Prohibited Uses. You agree not to:
- Use the Site for any illegal purpose or in violation of any local, state, national, or international law;
- Violate or encourage others to violate our rights or the rights of any third party;
- Post or transmit any Content that is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent;
- Post or transmit any Content that constitutes or contains software viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature;
- Post or transmit any Content that violates the privacy, publicity, copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights of others;
- Post, upload, transmit, distribute, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, or any other form of solicitation;
- Post, upload, transmit, distribute, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Stalk, harass, threaten or harm another user;
- Impersonate any person or entity or provide false information on registration forms;
- Violate the letter or spirit of our guidelines for proper use;
- Harvest or collect personally identifiable information about other users;
- Attempt to gain unauthorized access to the Site, user accounts, systems or networks;
- Post, upload, transmit, distribute, or otherwise make available any Content that you do not have a legal right to make available;
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or
- Advocate, encourage, or assist any third party in doing any of the foregoing activities.
We reserve the right to terminate your access to the Site if you violate these Terms.
Intellectual Property Rights
Site Content. The Site and all of its Content (including all text, images, logos, trademarks, service marks, trade names, and other information on the Site) are owned by us or our licensors. All Site Content is protected by copyright, trademark, patent, and other U.S. and foreign intellectual property laws.
Your Content. By posting or submitting any Content on the Site, you grant us a perpetual, worldwide, non-exclusive, royalty-free, irrevocable, and fully transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content. You retain all copyrights and other intellectual property rights in your own Content.
Feedback. Any questions, comments, suggestions, ideas, or other feedback about the Site provided by you shall be deemed non-confidential, and we have no obligation to keep such information confidential. We and our affiliates will be free to copy, disclose, distribute, incorporate, and otherwise use such information and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
Trademarks. Campia Moda® Shirt, Hawaiian Shirts and other marks, graphics, logos, icons, and trade dress related to the Site are registered and common law trademarks of Campia Moda® or its affiliates. They may not be copied, imitated, or used in whole or in part without our prior written permission or that of the applicable trademark holder.
User Content
We may provide you the opportunity to post product reviews, photos, videos, ratings, and other Content as part of the shopping experience. By posting any Content on the Site, you represent that you have all necessary rights to distribute such Content on the Site, including the rights to use any copyrights, trademarks, service marks, photos and derivative works contained therein. You hereby grant and will grant Campia Moda® and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content on the Site.
You represent and warrant that: (i) you own the Content posted by you, or otherwise have the lawful right to post, use, distribute, publish, and exploit such Content as described herein; (ii) the use, reproduction, modification, adaptation, publication and distribution of your Content does not and will not infringe, misappropriate or violate any intellectual property rights of any third party; (iii) you have obtained any and all consents and permissions required under applicable laws and regulations to submit your Content; and (iv) the Content posted by you does not violate these Terms or any additional terms concerning a particular product category.
You understand and agree that we may monitor or review any Content you post as part of a Site community, but have no obligation to do so. We may delete any Content, in whole or in part, that in our sole judgment violates these Terms or may harm our reputation or the Site community.
Purchases and Payments
Order Acceptance. There are two steps required to place an order with us. First, you must submit the initial order to register your desired purchase. Once the initial order is processed, we will send an order confirmation by email with details of the expected delivery date and shipping charges. Your order is not complete until we send this order confirmation.
Product Descriptions. We strive to describe our products as accurately as possible. However, we do not warrant that product descriptions, colors, or other content available on the Site is accurate, complete, current, reliable, or free of errors. The inclusion of any products on the Site does not imply any endorsement of those products.
Product Availability. Our Site lists products that we currently have in stock and that are available to ship. However, delays in updating inventory mean that there is a chance that a product listed on the Site may no longer be available for purchase when an order is submitted. If this occurs, we will contact you and refund the unavailable products.
Pricing. All prices on the Site are shown in U.S. dollars and are exclusive of applicable sales taxes and shipping costs unless otherwise noted. We reserve the right to change prices without prior notice. In case of discrepancies between the prices displayed on the Site and the final purchase total, the latter shall prevail.
Promotions. Any coupons, discounts, or promotions displayed on the Site are provided at our sole discretion. We reserve the right to alter, modify or revoke any coupons, discounts or promotions at any time without notice. No coupons or discounts may be used in conjunction with any other offer or promotion on a single order.
Payments. We accept payment through all major credit cards and PayPal. All credit card and PayPal payments are processed through industry-standard secure encryption technologies. Please do not send cash, personal checks, or money orders.
When you submit a credit card number, we will submit the order for pre-authorization of the payment amount to verify sufficient funds and validate the card number, expiration date, and CVV code. This pre-authorization is not a charge to your card and will be voided within 7 days, or upon shipment of the order. The charge will appear on your credit card statement as Campia Moda® Shirt.
You agree to pay all charges owed pursuant to these Terms, including taxes, shipping and handling charges. If your payment fails, your order may be cancelled.
Automatic Renewal (Subscriptions). To the extent we offer subscription or recurring purchase programs, you agree that we may automatically renew your subscription and charge the credit card or other payment method you have on record.
You may cancel automatic renewal of your subscription at any time in your account settings. However, there are no refunds for partial subscription terms, except as required by law. Cancelling your subscription before it renews will not entitle you to any refund for the current subscription term.
Returns and Refunds. Because our products are custom made just for you, we do not accept returns or exchanges. Please choose your designs carefully.
If your product arrives defective or damaged, please contact us within 5 days of delivery to report the issue and we will work with you to find a reasonable solution.
Shipment. We will arrange shipment of your order to the shipping address submitted with your order. Shipping charges will be shown at checkout based on weight, dimensions and destination. You agree to pay all shipping charges specified during the checkout process.
We may ship products in multiple parcels, sometimes with separate tracking numbers. Tracking information will be provided by email and in your account. We are not liable for lost or stolen packages claimed after the carrier confirms delivery.
Taxes. All purchases on the Site are subject to applicable sales tax based on your shipping destination and method. Additional duties, taxes, tariffs, or other fees may be due based on your delivery location and will be your responsibility. Please contact your local customs office for details.
Termination
Breach and Termination. We may restrict, suspend, or terminate your access to the Site and your account if we determine that you have breached these Terms. We reserve the right to delete any information you submitted to the Site if your account or access is terminated.
Effect of Termination. Termination of your account and access to the Site shall not relieve you of any obligations arising or accruing prior to termination.
Surviving Sections. All provisions regarding our ownership rights, disclaimers or limitations of liability, and any other terms which by their nature extend beyond termination shall survive termination of these Terms.
Disclaimers and Limitation of Liability
No Warranties. YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED HEREIN, THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION PROVIDED BY US, OUR AFFILIATES, AUTHORIZED REPRESENTATIVES, OR ANY OTHER PERSON ON OUR BEHALF SHALL CREATE A REPRESENTATION OR WARRANTY.
Limitation of Liability. IN NO EVENT WILL WE OR OUR OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, OR DATA, ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SITE AND THESE TERMS SHALL NOT EXCEED THE LESSER OF $100 OR THE AMOUNT PAID BY YOU TO US IN THE 12 MONTHS BEFORE THE FIRST INCIDENT GIVING RISE TO THE CLAIM OCCURRED.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO THE LIMITATIONS ON OUR LIABILITY MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, hold harmless and indemnify us and our subsidiaries, affiliates, officers, directors, employees, members, shareholders, agents and licensors from any claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from your use of the Site, violation of these Terms, violation of any third-party rights, or breach of any of your representations or warranties. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not settle any matter subject to an indemnity by you without our written consent.
Governing Law
Governing Law. These Terms shall be governed by the laws of the State of Hawaii without regard to conflict of law principles. Any dispute between you and us regarding these Terms or the Site will be resolved in the state or federal courts located in Hawaii, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising from or relating to these Terms or your use of the Site.
No Class Actions. You may only resolve disputes with us on an individual basis, and you hereby waive any right to bring, join, or participate in any class or collective action against us.
Mandatory Arbitration and Class Action Waiver. Any controversy or claim arising out of or relating to these Terms or your use of the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Hawaii, and judgment on the arbitration award may be entered by any court having jurisdiction thereof. You agree that any claim for injunctive relief will be brought in court and not in arbitration.
Severability. If any part of these Terms is determined to be unenforceable as a matter of law, the rest of the Terms shall remain in full force and effect as written.
Changes to the Terms
We reserve the right to change these Terms from time to time. Updated versions of the Terms will be posted on the Site with an updated “Last Updated” date. We will also provide notice of material changes to these Terms through the Site. Your continued use of our Site constitutes acceptance of the updated Terms. For any changes to these Terms that require your affirmative consent, we will notify you and request your consent before the changes take effect.
Contact Us
Please contact us at [email protected] with any questions about these Terms.
Campia Moda® Shirt, Hawaiian Shirts
333 Kilauea Ave
Hilo, HI 96720
Last Updated: March 1, 2023
