terms and conditions
Terms and Conditions
The following Terms and Conditions (the “T&C”) and any other rules, agreements, or other conditions posted on our Site (defined below), including, without limitation, the Consignment Agreement, Return Policy and Privacy Policy (collectively the “Agreements”) constitute an agreements between VICKYC5 LLC (“VICKYC5”, “we”, “our”, “us”) and you, the visitor, governing your access and use of all content and functionalities available at the VICKYC5 website, related micro- sites accessed through the URL www.vickyc5.com, related domain names, and any other website or micro-site of VICKYC5 (collectively the “Site”) as well as your listing on, consignment to or purchase from VICKYC5.
By visiting the Site, you are accepting and consenting to the practices described in these T&C and the Agreements. We may modify the Agreements from time to time and your continued use of this Site following such change shall signify your agreement to be bound by the modified Agreements.
Those persons wishing to use our services must read and agree to be bound by the Agreements. In particular, we draw your attention to our policies relating to the terms of purchase and our Privacy Policy. If you are under 18, you must let your parent or guardian know about VICKYC5’s Privacy Policy before you register to use this Site or any of this Site’s services.
VICKYC5 will attempt to notify you of any changes to the Agreements by placing an indication in the bottom toolbar of the Site, however, it is your responsibility to periodically review the Agreements for changes. If you do not agree to any change to the Agreements, then you must immediately stop using the Site. VICKYC5 shall not be liable to you for any reason if you fail to review the Agreements prior to your use of the Site.
REGISTERATION
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, you must notify us immediately at the following e-mail address vickyc5ny@gmail.com. VICKYC5 shall not be responsible for any error in shipment, return, email or mail communication or otherwise should you fail to notify us of any changes to your registration information. VICKYC5 reserves the right to change required registration information from time to time and may request such additional information subsequent to your initial registration. You are required to provide any such additional information in order to have continued access to the Site.
The account password you provide should be unique and kept secure, and you must notify VICKYC5 immediately of any breach of security or unauthorized use of your account.
Please refer to our Privacy Policy for information about how we use your data.
ELIGIBILITY TO PURCHASE
The purchase of merchandise through VICKYC5 is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of New York.
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent, and warrant are both valid and correct and you confirm that you are the person referred to in the billing information you provide.
The Site is available only to individuals and others who meet all of VICKYC5 terms of eligibility and other requirements contained in the Agreements, who have been issued a valid credit/debit card by a bank acceptable to VICKYC5, and who have authorized VICKYC5 to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. VICKYC5 reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise, you expressly authorize us to perform credit checks and, where VICKYC5 feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties in order to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.
Furthermore, you agree that we may use personal information provided by you in order to conduct appropriate anti fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Please refer to our Privacy Policy for additional information about how we use your data.
SELLER POLICY
If you are interested in listing a dress with VICKYC5, please visit our submission site at www.vickyc5.com/how-it-works/ and fill out the required information. You (the “Seller”) certify that your item (a “Listing”) is owned by you and all of the items are free and clear of all liens, encumbrances, or other third-party interests, claims or litigation, whether pending or threatened and you have full authority to sell the Items. You acknowledge that any submission by you is not considered an agreement by VICKYC5 to list your item and VICKYC5 may reject any submission for any reason, at its sole discretion. You appoint VICKYC5 the right to, without limitation, exhibit the Listed Items for sale, in any manner and in VICKYC5’S sole discretion, and sell and enter into a contract to sell the Items on Seller’s behalf. You agree to pay any applicable fees or taxes. VICKYC5 is not liable for damage during shipping to or from VICKYC5 or buyer, however, VICKYC5 will make best efforts to make any claim against the shipping provider for damage done while item is in transit. You acknowledge that your Item may not sell and we make no guarantees that your Item will sell.
By listing on VICKYC5, sellers agree that no refunds will be given once a listing has been posted.
MARKET PLACE
MARKETPLACE VICKYC5 accepts Item listings in its Marketplace greater than a $30 sale price. VICKYC5 will contact you regarding your submission within 3 days of it being submitted. You acknowledge that any submission by you is not considered an agreement by VICKYC5 to list your item and VICKYC5 may reject any submission for any reason, at its sole discretion. Listings will be published to the Site within 3 days of acceptance by VICKYC5 and payment of the initial from $5 to $25 “Listing Fee”. You agree to update or remove your listing from the Marketplace due to a change in status of your listing, including Items that are no longer available for sale. You agree to ship your Item upon purchase and no later than 2 business days from the sale of the Item. We require that all sellers accept & adhere to our 5 day return policy, depending on Seller’s choice.
By uploading content to VICKCYC5 site you grant VICKYC5 a limited irrevocable license to use and republish the content you provide anywhere, anytime, without any compensation.
COLLECTION & CONSIGMENT
VICKYC5 offers new items for sale in addition to a marketplace for brides to sell their wedding dresses, chosen at VICKCY5’s sole discretion. VICKYC5 will contact you in the event your dress is chosen to be listed on the site.
A. INSURANCE & WARRANTY
VICKYC5 may maintain general business insurance which shall cover Item(s) for certain damage(s) covered by such insurance policy during the period in which the Item(s) are in VICKYC5’S control or during shipment by VICKYC5 to a buyer. Seller acknowledges and agrees that because of the nature of the business for wedding gowns, there is a certain degree of normal wear that occurs from handling from the buyer that cannot be insured against. Seller agrees that VICKYC5 shall not be liable for such minor wear. Once the Item(s) is purchased, ownership is transferred to the buyer. In the event that the Item(s) is returned and found to be damaged (excluding normal wear from handling and trying on the Item(s)) upon return of the Item(s) to the seller by a buyer, VICKYC5 will attempt to resolve the damage with the buyer. If damage is irreversible, the return request will not be honored, and as such, VICKYC5 will use best efforts to recover the Commission (as defined herein) from such buyer. In the rare event that the Item(s) is damaged when it is in Nearly VICKYC5’s control, VICKYC5 shall make a claim under its respective insurance policy, if any, and only upon receipt by VICKYC5 of the paid insurance claim, if any, VICKYC5 shall pay Seller an amount equal to the Commission that Seller would have received had the Item been sold pursuant to these terms. In no event shall VICKYC5 be liable to Seller for an amount greater than the Commission that Seller would have received had the Item(s) been sold pursuant to these terms. Sellers acknowledges and agrees to allow VICKYC5 to occasionally use items listed or consigned and in possession by VICKYC5 for promotional purposes including photography or editorial shoots. VICKYC5 assumes full responsibility for any damage to items used for these purposes and will make reasonable efforts to contact Seller about such events in advance.
B. COMMISSION ON CONSIGMENT
In the event that a Listed Item(s) is sold, Seller shall receive 65% of the Net Sale Price for Listed Item(s) sold and VICKYC5 will retain 35% of the Net Sale Price for such Listed Item(s) sold (the “Commission”.) As used herein, Net Sale Price shall mean the gross retail price at which the Listed Item was sold. If an item is accepted and sold for a price less than $500, VICKYC5 will retain a minimum consignment payment of $100, even if this exceeds the 40% commission indicated herein. VICKYC5 reserves the right to only accept items retailing above $500 but in the event that VICKYC5 agrees to sell items $499 and under, a minimum commission of $100 will be assessed.
C. RIGHT TO REMOVE
Seller shall have the right to remove their Listed Item(s) by logging in to their Seller listing dashboard and removing the listing, or responding as such to an automated email from VICKYC5. VICKYC5 retains the right to remove any Listing at its sole discretion should a seller not respond to the automated email notifications within the specified time period.
D. PAYOUTS TO SELLERS
All payments due to the Seller for the sale of an Item pursuant to these terms shall be made via PayPal, within fourteen (14) business days of the end of the Return Period. As used herein, the Return Period shall mean five (5) calendar days from a buyer’s receipt of the Item.
BUYER POLICY
You acknowledge that all items listed for sale on the Site (the “Item(s)”) by VICKYC5 in the Collection or through the Marketplace service are new, pre-owned, used and/or sample items. VICKYC5 does not describe or photograph Items added by a seller through the listing service and are not responsible for the content of seller listings. VICKYC5 strives to authenticate all Items in the Marketplace but does not warrant the authenticity of such Items nor is VICKYC5 an authorized dealer of such Items.
A. ORDERS
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
VICKYC5 offers products for sale that are in stock and available for shipment from company headquarters, as well as products for sale that are in possession of the Seller. Occasionally we may be waiting for shipments from one of our Consignors or Sellers. Consequently you may from time to time be given the possibility of making advance purchases for certain items. This will ensure that you receive this item in priority once it has been delivered and authenticated by VICKYC5. Your rights regarding advance purchases are the same as those for any other purchase at VICKYC5.
Please be aware that we may be unable to deliver selected advance purchase merchandise due to delivery problems and/or quality check issues identified when we receive an order into stock. VICKYC5 makes no representations or warranties that any advanced purchase item will be available to you and you agree that you take full risk and responsibility that any advanced purchase item may not be delivered to you. In these circumstances we will notify you by email and refund the advance purchase payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable. You agree that VICKYC5 shall not be liable for non-delivery of any advanced purchase item except as described herein.
VICKYC5 will store a record of your transactions for a minimum of one year, provided that all credit card/debit card information will only be stored for sixty days.
B. PRICING POLICY
Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, sales tax will only be charged on orders shipped to New York State. No other tax or import duty will be applied to orders shipped within the USA. If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate provided by an established third party financial institution on the day your card issuer processes the transaction.
All tariffs, fees and taxes that may be imposed are the responsibility of the buyer.
C. ACCEPTANCE OF YOUR ORDER
Your order will only be placed once you have completed the check out process through the Site. Once you complete the check out process, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order but is only a confirmation that we have received your request.
Unless you cancel your order, acceptance of your order will be perfected only upon VICKYC5’S successful authorization and capture of the purchase price to your debit/credit card AND completion of the packaging and shipping of your order. After we dispatch the ordered item(s) to you we will send a second email containing your tracking number, and confirming that your order has been dispatched.
We reserve the right to refuse your order for any reason, at VICKYC5’S sole discretion, including, without limitation, in the event that (a) your payment is declined by our credit card authorization or any financial institute, (b) shipping restrictions apply to a particular item, (c) the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or (d) that you do not meet any of the requirements contained within the Agreement.
We will not be liable to you or any third party by reason of our decision to refuse your order, withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or reversing or suspending any transaction after processing has begun.
D. PAYMENT AND "TRY IT ON"
Payment can be made by Visa, MasterCard, American Express & Paypal. VICKYC5 will charge your credit card for the amount of the total sale. At the end of the Return Period the charge amount will be refunded less any charges for the completed sale or order. You confirm that the credit/debit card that is being used is yours or that you have been directly authorized by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If, upon charging your credit/debit card, the charge is refused or declined by any authorization system or financial institution VICKYC5 shall have no obligation to fulfill or ship your order. If for any reason you feel that your debit/credit card charge was unauthorized you agree to contact VICKYC5 immediately to resolve the concern rather than contacting a third party. In addition, at the time of Your order of an Item, You hereby authorize VICKYC5 to charge Your card for an amount equal to 100% of the original retail value of that Item (when new) set forth on the Website, (“Retail Value”) plus applicable sales taxes. We will not charge You for more than an amount equal to 100% of the Retail Value of the total sale, in the aggregate, excluding any potential collection costs. If You pay us an amount equal to 100% of the Retail Value and You still possess the Item, the Item is Yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the return shipping cost, which is charged separately from, and in addition to, any other charges payable by You set forth in this Section D.
E. INSURANCE AND DELIVERY ON CONSIGMENT
VICKYC5 insures each purchase during the time it is in transit until it is delivered to your specified delivery address in an amount only up to the purchase price authorized to your debit/credit card. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or any individual at that delivery address) is evidence of delivery and fulfillment by VICKYC5 and transfer of responsibility in the same way. VICKYC5 shall not be liable for fraudulent signatures, acceptance by a party other than yourself or any other delivery issues.
Please note that we aim to dispatch all Collection orders within 24 hours of receiving authorization of the charge to your debit/credit card, and within two weeks for Marketplace orders. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, VICKYC5 is not responsible for any delays caused by destination customs clearance processes or delays caused by third party coastal/courier services.
F. OUR RETURN POLICY
All items available on VICKYC5 are eligible for a return unless otherwise marked. If you wish to return an item, a Return request should be submitted to vickyc5.com within 5 calendar days of receiving your order.
To submit your return request, log in to your account and select the item you wish to return. If a return request is approved, VICKYC5 will send a prepaid UPS shipping label via email. Return label should be printed and affixed to the original packaging. Returns that are posted for shipment after the 48 hour deadline will not be accommodated and will be considered a final, non-returnable sale. If You return the Items late, a late fee of one hundred dollars ($100.00) will be charged to the card used to authorize the order or to any other payment card included in Your account information that You have provided to VICKYC5 for every day that you are late returning the Items, and You agree to pay such late fees, up to an amount not to exceed 100% of the Retail Value plus applicable sales tax. The late fee is payable for each order of Items that is not returned when due, not for each Items that is the subject of the order that is late. If you have not returned an Item within twenty (20) days after the return date for the Item, Your late return will be considered a non-return and VICKYC5 will charge Your card the maximum late fee set forth above, less any late fees that You have already paid, plus applicable sales tax. If item is received within the given time windows and is in the same condition that it was sent out in, a release of the original purchase price authorization of the item(s) will be made, less any shipping and return fees.
Items must be returned unused and with no signs of additional wear and tear. Where provided, all other items or attachments shipped with the purchased items such as belts or any designer packaging such as authenticity cards, dust bags, and garment bags must be included with your return. VICKYC5 shall have no obligation to accept any item that is returned damaged, soiled or missing items or attachments.
Any purchases made through promotions or sales related to a final sale, or items marked as final sale, constitutes a non-returnable purchase. These items cannot be returned. All items that cannot be returned can be consigned.
Purchases shipped outside of the U.S. are Final Sale.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, designs, the “look and feel” of the Site, trademarks and all other intellectual property and material rights relating to the Content (defined below) shall remain at all times the property of VICKYC5 and/or their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by VICKYC5 and/or its third party licensors. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
CONTENT
For the purposes of these T&C, “Content” is defined as any and all information, images, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files, any other content contained on the Site and the composition of such content on the Site. VICKYC5 tries to ensure that the information on this site is accurate and complete, however, VICKYC5 does not represent or warrant that VICKYC5’s Content is accurate, error-free or reliable or that your use of VICKYC5’s Content will not infringe on rights of third parties. Your use of the Site is at your risk. VICKYC5 does not warrant that the functional aspects of the Site or VICKYC5’s Content will be error free or that the Site, the Content or the server that makes it available are free of viruses or other harmful components. If your use of the Site, or VICKYC5’s Content results in the need for servicing or replacing property, material, equipment or data, VICKYC5 shall not responsible for those costs. VICKYC5 inspects the Items for damage, wear and other defects and attempts to clearly identify such defects in the Item description, however, VICKTC5 makes no warranty or representation as to the quality, condition or merchantability of the Items listed for sale on the Site. Without limiting the foregoing, everything on the Site and purchased through the Site, including purchased Items, are provided to you “as is” and “as available” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. VICKYC5 strives to authenticate all Items but does not warrant the authenticity of such Items nor is VICKYC5 an authorized dealer of such Items.
VICKYC5 and its suppliers make no warranties about VICKYC5 Content, software text, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. VICKYC5 reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that VICKYC5 is not liable to you or any third party for any such withdrawal.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within the Site. You may not use the Site, or any of its Content, to further any commercial purpose, including, without limitation, any advertising or advertising revenue generation activity on your own website.
YOUR ACTIVITY
You use the Site at your sole risk. You agree that you will be personally responsible for your use of the Site and for all of your communication and activity on the Site. We reserve the right to deny you access to the Site, or any part of the Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated any of the terms of the Agreements, we may, in addition to any other rights or remedies provided to us by contract or at law, deny you access to the Site on a temporary or permanent basis and any decision to do so is final.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.
THIRD PARTY
We may include hyperlinks on the Site to other websites or resources operated by parties other than VICKYC5, including advertisers. VICKYC5 has not reviewed all of the sites linked to the Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
GENERAL
While VICKYC5 will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Site, or any transaction that may be conducted on or through the Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through the Site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Site and any information provided to or taken from the Site by you. You agree that we shall not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the Agreements.
IDEMNIFICATION
At our request and immediately on demand, you agree fully to defend, indemnify and hold harmless VICKYC5, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Agreements by you or any other liabilities arising out of your use of the Site, or the use by any other persons accessing the Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive the Agreements and your use of the Site.
DIGITAL MILLENNIUM COPY RIGHT ACT
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please submit the above listed information to our agent at the following address:
VICKYC5 LLC 214-07 42ND AVE. BAYSIDE, NY 11361 Attn: Agent Tel: 212-695-7999
GENERAL LEGAL TERMS
(a) Complete Terms: The Agreements constitute the whole legal agreement between you and VICKYC5 and govern your use of the Site and completely replace any prior agreements between you and VICKYC5 in relation to the Site. Notwithstanding the foregoing, you understand that VICKYC5 may make changes to the Agreements from time to time. When these changes are made, VICKYC5 will make a new copy of the Agreements available at https://www.vickyc5.com. You agree that VICKYC5 is under no obligation to provide you with notices regarding changes to the Agreements. You understand that it is your responsibility to check the Agreements regularly for changes.
(b) Modifications to the Services: VICKYC5 is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the services that VICKYC5 provides may change from time to time without prior notice to you. You further acknowledge and agree that VICKYC5 may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally at VICKYC5’s sole discretion, without prior notice to you.
(c) Confidentiality: You understand that VICKYC5 grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. VICKYC5 reserves the right to revoke these exceptions either generally or in specific cases.
(d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the Agreements. You understand that you are solely responsible for (and that VICKYC5 has no responsibility to you or to any third party for) any breach of your obligations under the Agreements and for the consequences (including any loss or damage which VICKYC5 may suffer) of any such breach.
(e) Rights Not Waived: You agree that if VICKYC5 does not exercise or enforce any legal right or remedy which is contained in the Agreements (or which VICKYC5 has the benefit of under any applicable law), it will not be taken to be a formal waiver of VICKYC5’s rights and that those rights or remedies will still be available to VICKYC5.
(f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the Agreements is invalid, then that provision will be removed from the applicable Agreement without affecting the rest of the Agreements. The remaining provisions of the Agreements shall continue to be valid and enforceable.
(g) Governing Law: The Agreements, and your relationship with VICKYC5 under the Agreements, shall be governed by the laws of the State of New York. You and VICKYC5 agree to submit to the exclusive jurisdiction of the State and Federal courts in New York City, New York, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.
(h) Force Majeure: If VICKYC5’s operations are materially impaired, hampered, interrupted, prevented, suspended, postponed or discontinued by reason of the occurrence of any event of force majeure, including, but not limited to war (declared or undeclared), act of public enemy, riot, epidemic, fire, casualty, labor dispute (including, but not limited to lockout and/or strike or threat of either), governmental order or regulation, judicial order or decree, act of God, death, or any other similar or dissimilar contingency beyond such party’s control (a “Force Majeure”), VICKYC5 shall have the right, to suspend its obligations hereunder (including any delivery obligations) for the duration of such Force Majeure and if such Force Majeure continues for seven (7) days or more, VICKYC5 shall have the right to terminate any agreement to sell/purchase a purchased item.
QUESTIONS/CONCERNS
Should you have any questions or concerns regarding these Terms and Conditions, the Site, any Items listed on the Site or any other inquiries, please contact vickyc5ny@gmail.com