TERMS AND CONDITIONS
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 13 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 13 years of age. f you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use the Web Site and our mobile applications with permission from your parent or legal guardian.
License to use website
Unless otherwise stated, Victorian Trading Company and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website [except for content specifically and expressly made available for redistribution.
You are responsible for your use of the Web Site and mobile applications, and for any use of the Web Site or mobile applications made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Web Site or mobile applications, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
- post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Web Site or mobile applications;
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- stalk, harass, or harm another individual;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- use any means to scrape or crawl any Web pages contained in the Web Site;
- attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Web Site or mobile applications;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Web Site or mobile applications; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Access to certain areas of this website is restricted. Victorian Trading Company reserves the right to restrict access to areas of this website, or indeed this entire website, at Victorian Trading Company's discretion.
If Victorian Trading Company's provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Victorian Trading Company may disable your user ID and password in Victorian Trading Company's sole discretion without notice or explanation.
In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Victorian Trading Company's a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Victorian Trading Company's the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Victorian Trading Company or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Victorian Trading Company reserves the right to edit or remove any material submitted to this website, or stored on Victorian Trading Company's servers, or hosted or published upon this website.
Notwithstanding Victorian Trading Company's rights under these terms and conditions in relation to user content, Victorian Trading Company does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the alleged infringing material is located.
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
This website is provided “as is” without any representations or warranties, express or implied. Victorian Trading Company makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Victorian Trading Company's does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
Victorian Trading Company's will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- [to the extent that the website is provided free-of-charge, for any direct loss;]
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Victorian Trading Company's has been expressly advised of the potential loss.
Product Pricing Information
The prices displayed on our Web Site may differ from prices that are available in stores or in catalogs, and our pricing may differ from store to store. If you are in the U.S. or Canada, Web Site prices will be displayed in U.S. Dollars. Elsewhere, Web Site prices will generally be displayed in the local currency. The prices displayed in our printed catalogs are quoted in U.S. Dollars and are valid and effective only in the U.S.
For full-price products, "Suggested Price" refers to the manufacturers' suggested retail price. "Our Price" refers to the everyday value price we offer to our customers. For sale products (identified by pricing in red), "Suggested Price" refers to the most recent selling price. "Sale" refers to the reduced price we are offering to our customers.
Occasionally we will offer special promotions to our customers that we refer to as "special offers" or "special offer". This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.
From time to time there may be information on our Web Site or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Victorian Trading Company reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Victorian Trading Company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms and Conditions by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Victorian Trading Company's liability in respect of any:
- death or personal injury caused by Victorian Trading Company's negligence;
- fraud or fraudulent misrepresentation on the part of Victorian Trading Company's; or
- matter which it would be illegal or unlawful for Victorian Trading Company's to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. f you do not think they are reasonable, you must not use this website.
[You accept that, as a limited liability entity, Victorian Trading Company's has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Victorian Trading Company's officers or employees in respect of any losses you suffer in connection with the website.
[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Victorian Trading Company's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Victorian Trading Company.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Victorian Trading Company's and undertake to keep Victorian Trading Company's indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Victorian Trading Company's to a third party in settlement of a claim or dispute on the advice of Victorian Trading Company's legal advisers) incurred or suffered by Victorian Trading Company's arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to Victorian Trading Company's other rights under these terms and conditions, if you breach these terms and conditions in any way, Victorian Trading Company's may take such action as Victorian Trading Company's deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Victorian Trading Company's may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Victorian Trading Company may transfer, sub-contract or otherwise deal with Victorian Trading Company's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
Any action relating to the use of the Web Site, mobile applications, catalogs or any transaction with Victorian Trading Company. must be brought in the state or federal courts located These terms and conditions will be governed by and construed in accordance with Kansas governing law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Kansas.