Online Sales Disclaimer

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OVERVIEW

The following disclaimer by Mimosa Art House (“Company”/ ”AHAC”) is to all purchasers utilizing their online store. By completing the purchase process you as the purchaser certify you have fully read and understood this disclaimer and accept the terms.

You may return most new, unopened items sold and fulfilled by Company within 3 days of delivery for a full refund. AHAC will not pay the return shipping costs if the return is a result of our error. Items should be returned in their original product packaging.

AHAC specifically disclaims any and all warranties with respect to any and all products sold or distributed by them, the safety or suitability of such products, or the results obtained, whether expressed or implied, including but not limited to, any warranty of merchantability or fitness for a particular purpose and or any other warranty.

As the purchaser, you assume all risk and responsibility whatsoever for any and all losses or damages to persons or property including consequential damages arising from the use of any product or service purchased from this website, whether or not occasioned by AHAC negligence or based on strict product liability or principles of indemnity or contribution. Company does not assume or authorize any person or entity to assume any liability on behalf of Company in connection with the use of any product or service.

The following is the terms of the agreement between AHAC and the buyer (“Buyer” as YOU customer) of goods (VIRTUAL OR PHYSICAL) through the Company’s Website (the “Site”). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:

1. INTRODUCTION

Buyer agrees to the terms and conditions outlined in the T&C pages with respect to the goods, services and information provided by or through the Site. This Contract constitutes the agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.

2. SETUP AND PAYMENT

Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Company within 3 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer's password.

3. COPYRIGHT

The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.

4. EDITING, DELETING AND MODIFICATION

Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site beside sales and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.

5. RIGHT TO REFUSE

Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.

6. INDEMNIFICATION

Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site.

7. NON-TRANSFERABLE

Buyer's right to use the Service and goods are not transferable and is subject to any limits established by Company or by Buyer's credit card company.

8. DISCLAIMER

THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

9. REFUND POLICY

If a product purchased is defective or not to Buyer’s satisfaction, Buyer can return the product in its original condition within 3 days of receipt, following the instructions into your account. In such event, Company shall provide Buyer a credit for other purchases from the Site (less shipping and handling charges incurred). This Section 9 sets forth Buyer’s sole and exclusive right to refund.

10. USE OF INFORMATION

Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.

11. GOVERNING LAW

This Contract shall be treated as though it were executed and performed in Sao Paulo, Brazil and shall be governed by and construed in accordance with the laws of Sao Paulo, Brazil (without regard to conflict of law principles). All actions shall be subject to the limitations set forth in Section 8.

12. LITIGATION

All legal proceedings arising out of or in connection with this Contract shall be brought solely in Sao Paulo, Brazil and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

13. ACKNOWLEDGMENT

This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes (AHAC) any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE AGREEMENT, then you can purchase any product or service on this site. IF YOU DON'T AGREE, we ask you to leave our site.