When you visit IsNotTheSameWithoutMe.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The purchase of merchandise through IsNotTheSameWithoutMe.com 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 Florida. 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 provided. The Site is available only to individuals and others who meet the IsNotTheSameWithoutMe.com terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to IsNotTheSameWithoutMe.com IsNotTheSameWithoutMe.com, and who have authorized IsNotTheSameWithoutMe.com 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. In addition, IsNotTheSameWithoutMe.com. IsNotTheSameWithoutMe.com reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
All prices and offers remain valid as advertised from time to time. The US Dollar price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error. Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during selling period. Customers purchasing from a country other than the United States of America will incur relevant import duty, tax and fees. These costs are not included in the final purchase price and will be invoiced to you directly from UPS or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion. 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 on the day your card issuer processes the transaction.
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the TOS. Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.
All items purchased from IsNotTheSameWithoutMe.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Payment will be debited and cleared from your account upon completion of the packing of your order by IsNotTheSameWithoutMe.com. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your credit/debit card refuses to authorize payment to IsNotTheSameWithoutMe.com, we will not be liable for any delay or non-delivery. Occasionally, high demand causes us to run out of certain items. If we don't have an item that you have ordered in stock, we'll notify you by email immediately. Sometimes, an item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit/debit card, we will not charge you for the item or any taxes, shipping or handling charges. We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered IsNotTheSameWithoutMe.com user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated. To help ensure that your shopping experience is safe, simple and secure IsNotTheSameWithoutMe.com uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the site.
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
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 as herein described, including IsNotTheSameWithoutMe.com Software and all HTML and other code contained in this Site, shall remain at all times vested in IsNotTheSameWithoutMe.com and/or are the property of 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 IsNotTheSameWithoutMe.com and/or its third party licensors. Any reproduction or redistribution of the above listed 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.
This site and all information, content, materials, products (including software) and services included on or otherwise made available to you through this site are provided by IsNotTheSameWithoutMe.com on an “as is” and “as available” basis, unless otherwise specified in writing. IsNotTheSameWithoutMe.com makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, IsNotTheSameWithoutMe.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. IsNotTheSameWithoutMe.com. IsNotTheSameWithoutMe.com does not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to you through this site; their servers; or e-mail sent from IsNotTheSameWithoutMe.com are free of viruses or other harmful components. IsNotTheSameWithoutMe.com will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
In addition to the Intellectual property rights mentioned above, "Content" is defined as all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. IsNotTheSameWithoutMe.com tries to ensure that the information on this site is accurate and complete. IsNotTheSameWithoutMe.com does not warrant or represent that IsNotTheSameWithoutMe.com content is accurate, error-free or reliable or that your use of IsNotTheSameWithoutMe.com. Content will not infringe rights of third parties. Your use of the Web Site is at your risk.
IsNotTheSameWithoutMe.com does not warrant that the functional aspects of the Web Site or that IsNotTheSameWithoutMe.com Content will be error free or that this Web Site, IsNotTheSameWithoutMe.com Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site, or IsNotTheSameWithoutMe.com Content results in the need for servicing or replacing property, material, equipment or data, IsNotTheSameWithoutMe.com is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is 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. IsNotTheSameWithoutMe.com and its suppliers make no warranties about IsNotTheSameWithoutMe.com Content, software text, downloads, 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. IsNotTheSameWithoutMe.com 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 IsNotTheSameWithoutMe.com is not liable to you or any third party for any such withdrawal.
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 this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
We may include hyperlinks on this Site to other websites or resources operated by parties other than IsNotTheSameWithoutMe.com, including advertisers. IsNotTheSameWithoutMe.com has not reviewed all of the sites linked to its Web 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. You should carefully review their privacy statements and other conditions of use.
You agree fully to defend, indemnify and hold harmless IsNotTheSameWithoutMe.com, its officers, directors, agents, employees, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from, related to or in connection with any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this 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 these TOS and your use of the Site and the Services.
Complete Terms: The TOS constitute the whole legal agreement between you and IsNotTheSameWithoutMe.com and govern your use of the Services and completely replace any prior agreements between you and IsNotTheSameWithoutMe.com in relation to the Services. Notwithstanding the foregoing, you understand that IsNotTheSameWithoutMe.com may make changes to the TOS from time to time. When these changes are made, IsNotTheSameWithoutMe.com will make a new copy of the TOS available at IsNotTheSameWithoutMe.com. You agree that IsNotTheSameWithoutMe.com is under no obligation to provide you with notices regarding changes to the TOS. You understand that it is your responsibility to check the TOS regularly for changes.
Modifications to the Services: IsNotTheSameWithoutMe.com 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 which IsNotTheSameWithoutMe.com provides may change from time to time without prior notice to you. You further acknowledge and agree that IsNotTheSameWithoutMe.com may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at IsNotTheSameWithoutMe.com sole discretion, without prior notice to you.
Confidentiality: You understand that IsNotTheSameWithoutMe.com 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. IsNotTheSameWithoutMe.com reserves the right to revoke these exceptions either generally or in specific cases.
Liability in the Event of Breach: You agree that you will comply with all of the provisions of the TOS. You understand that you are solely responsible for (and that IsNotTheSameWithoutMe.com has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences including any loss or damage which IsNotTheSameWithoutMe.com may suffer) of any such breach.
Rights Not Waived: You agree that if IsNotTheSameWithoutMe.com does not exercise or enforce any legal right or remedy which is contained in the TOS (or which IsNotTheSameWithoutMe.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of IsNotTheSameWithoutMe.com 's rights and that those rights or remedies will still be available to IsNotTheSameWithoutMe.com.
Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable.
Governing Law: The TOS, and your relationship with IsNotTheSameWithoutMe.com.
IsNotTheSameWithoutMe.com, IsNotTheSameWithoutMe.com under the TOS, shall be governed by the laws of the State of Florida. You and IsNotTheSameWithoutMe.com agree to submit to the exclusive jurisdiction of the State and Federal courts in Florida, 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. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of IsNotTheSameWithoutMe.com products) must be commenced within one (1) year after the claim or cause of action arises.
Violation of TOS: Please report any violations of the TOS by emailing firstname.lastname@example.org.
Independent Relationship: You agree that no joint venture, partnership, employment, or agency relationship exists between IsNotTheSameWithoutMe.com and you as a result of this TOS or your use of the Site. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the TOS. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the TOS.
Attorneys’ Fees: In the event either you or IsNotTheSameWithoutMe.com has to take legal action to enforce rights pursuant to, arising out of or in connection with this Agreement and/or with the Return & Exchange Policy, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs and expenses incurred by the prevailing party, including any appeal. Any award of damages following judicial remedy as a result of the breach of this Agreement or any of its provisions shall include an award of prejudgment interest from the date of the breach at the maximum rate interest allowed by the law.
This policy does not apply to the practices of companies that Company does not own or control, or to individuals that Company does not employ or manage.
- What personal information does Company collect?
The information we gather from customers enables us to personalize and improve our services, and to allow our users to set up a user account and make purchases via the Website. We collect the following types of information from our customers.
- Personal Information You Provide to Us:
We receive and may store any information you enter on our Website or provide to us in any other way. The types of Personal Information collected may include your name, email address, gender, zip code, country, IP address, browser information, and, if you make a purchase through our Website, your credit card number, credit card security code, expiration date, billing address, and shipping address. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features, and you may not be able to complete a purchase through the Website. The Personal Information you provide is used for such purposes as allowing you to purchase items, improving the content of the Website, customizing the advertising and content you see, and communicating with you about specials and new features. We do not direct any of our content specifically to children. Users of our Website are required to be at least 18 years old, and any user under 18 is not an authorized user. Additionally, if we learn that a user is under 13 years of age, we will promptly delete any Personal Information we have collected about that user.
- Personal Information Collected Automatically:
We receive and may store certain types of information whenever you interact with our Website or services. Company automatically receives and records information on our server logs from your browser including your IP address, cookie information, the page you requested, and any items you may purchase. This information may be used to customize the content you see on our Website or to communicate with you about specials and new features. Usage information, such as the numbers and frequency of visitors to our site and its components may also be used in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often customers use parts of the Website or services so that we can make the Website appealing to as many customers as possible, and improve those services. As part of this use of information, we may provide aggregate information to our partners about how our customers, collectively, use our site. We share this type of statistical data so that our partners also understand how often people use their services and our Website, so that they, too, may provide you with an optimal online experience. Company never discloses aggregate information to a partner in a manner that would identify you personally.
- E-mail Communications:
We may receive a confirmation when you open an email from Company if your computer supports this type of program. Company uses this confirmation to help us make emails more interesting and helpful and improve our service. If you do not want to receive email or other mail from us, please indicate your preference by making a modification on your account page, or by using the "Unsubscribe" feature in any email we send to you.
- What About Cookies?
- Will company share any of the personal information it receives?
Personal Information about our customers is an integral part of our business. We neither rent nor sell your Personal Information to anyone. We share your Personal Information only as described below. Affiliated Businesses We Do Not Control: We are affiliated with a variety of businesses and work closely with them. In certain situations, these businesses sell items to you through Company's Website. In other situations, Company provides services, or sells products jointly with affiliated businesses. You can recognize when an affiliated business is associated with your transaction, and we will share your Personal Information that is related to such transactions with that affiliated business.
Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, Company's agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information for the above purposes.
Employees: We restrict access to your Personal Information to those employees who need to know that information to provide products or services to you.
Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Moreover, if Company, or substantially all of its assets were acquired, or in the unlikely event that Company goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by a third party.
You acknowledge that such transfers may occur, and that any acquirer of Company may continue to use your Personal Information as set forth in this policy.
Protection of Company and Others: We may release Personal Information when we believe in good faith that release is necessary to comply with that law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Company, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
- Is personal information about me secure?
Your Company account Personal Information is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.
When Company's order form asks users to enter Personal Information such as a credit card number, that information is encrypted with industry-standard Secure Socket Layers ("SSL") encryption to keep your online order safe and secure. When the letters "http" in the URL address change to "https", the "s" indicates you are in a secure area employing SSL. Company also maintains physical, electronic, and procedural safeguards that comply with federal regulations to protect your Personal Information.
Company endeavors to protect user information to ensure that user account information is kept private, however, Company cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
- What personal information can I access?
Company allows you to access the following information about you for the purpose of viewing, and in certain situations, updating that information. This list may change as our Website changes.
- What choices do I have?
- Questions or concerns
IsNotTheSameWithoutMe.com will gladly accept, for return or exchange, items that are in new condition, unworn, unlaundered, unaltered and free of damages by the customer.
For a full refund, mail out your return/exchange within 7 days from the receipt of original order.
Proof of purchase is required and items cannot be returned or exchanged beyond 7 days from the receipt of the original order. Refunds will be issued in the form of the original payment. While we process returns within 3 business days from the day we receive the items, card refunds may take up to 10 business days for your bank to complete, unfortunately we are unable to influence this.
All original IsNotTheSameWithoutMe.com and designer garment tags must still be attached; otherwise the product is considered to have been worn and cannot be returned or exchanged. The item must be sent back in its original packaging, including polybags, authenticity cards, shoe boxes, and dust bags.
To ensure a positive shopping experience for all our customers, if we identify through electronic analysis an unreasonable return pattern, we may restrict or refuse future transactions from such customers.
If UPS is not available in your area, you can use any other trackable method, at your sole expense. Please insure the package for the full retail value of the shipped products, as we will not be liable for any damage incurred in transit. Email us the tracking number at email@example.com
Our return address for both returns and exchanges:
c/o Bergen Logistics
5903 West Side Avenue
North Bergen, NJ 07047
Once we receive your package, we will process your return within 3 business days. You will be notified by email once your return has been received and processed.
Please use any trackable shipping method, at your sole expense. Please insure the package for the full retail value of the shipped products, as we will not be liable for any damage incurred in transit.
Exchanges are made for a different size or color only. If you wish to get a different item or size, please return your original merchandise and place a new order. You will receive a refund for the returned merchandise as soon as it is processed. For further assistance email us at firstname.lastname@example.org or call US +1 (206) 258 7265
Please be advised that due to the limited edition nature of our products, there will be a high likelihood of us selling out of the product before we can process your exchange request. We recommend that instead of exchanging the item you purchase the new item and simply return the old one.
If UPS is not available in your area or you prefer not to use it to return or exchange your items, you can use any other trackable method, at your sole expense. Please insure the package for the full retail value of the shipped products, as we will not be liable for any damage incurred in transit.
Our return address for both returns and exchanges:
c/o Bergen Logistics
5903 West Side Avenue
North Bergen, NJ 07047
International returns must be shipped back to ROSA CLANDESTINO via an insured, trackable method at customer's sole expense. Please, use the same product information from the customs forms enclosed with the item to process all of the relevant paperwork and minimize a chance the item will be stuck at customs.
Currently, we do not accept international exchanges. If you would like to exchange an item, you would have to purchase a new one and return an old one in two separate transactions. All other return/exchange conditions apply.
The quality of our products and your satisfaction are our highest priority. We perform a very thorough quality check when the goods come to us from the manufactures and when we send our orders out. Occasionally, we miss something or the item is damaged in transit. To rectify such situation, we offer three options:
If you find that the item you ordered or the order packaging is damaged, contact us immediately at email@example.com so we can quickly address the issue and find the best solution. Please, save all of the packaging and take a picture of the damage. In order to process the faulty goods return or exchange we must receive the item within 7 business days from your receipt of the item.
Occasionally we may offer a promotional code to be used on full-priced IsNotTheSameWithoutMe.com merchandise. Items purchased using a promotional code can be subsequently returned or exchanged. The amount refunded will equal the amount paid at the time of purchase including any applicable taxes. Promotional codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotional code or offers, and must be used by the date published, if provided. IsNotTheSameWithoutMe.com reserves the right at any time without notice to retract and/or change the terms of its promotional codes.
We may also discount items directly on our website for periodic sales. The sale of such discounted items will be considered final - no exchanges or returns of discounted items will be accepted. IsNotTheSameWithoutMe.com may offer a sale price adjustment for products purchased no more than 7 days prior to the commencement of a sale for such product. For such an adjustment to apply to your purchase, the exact style and size of the purchased product must be available for purchase at the time of your adjustment request. If your adjustment request is approved, you will receive store credit valid for 12 months. IsNotTheSameWithoutMe.com will not offer price adjustments to already discounted items.
Refunds will be made in the form of the original payment where the same credit card used for purchase will be credited with a refund. If your order has been sent to a destination within the US, all sales taxes will be refunded. Outside the US, customs duties and sales taxes are non-refundable through IsNotTheSameWithoutMe.com. However, you may be able to recover these by contacting your local customs bureau directly. As this may not be available for all countries, we recommend that you hire a customs broker if you wish to claim back duties on returned merchandise. While we process returns within three business days from the day we received the items, card refunds may take up to ten business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and unfortunately we are unable to influence this.
- We have made every effort to display as accurately as possible the colors of our products that appear on our website. However, as computer monitors vary, we cannot guarantee that your monitor's display of any color will be completely accurate.
- All items undergo rigorous quality checks when they arrive from the designers and before they are shipped out to you.
- Items should be returned in their original packaging to ensure their safety in transit.
- Free collection does not apply to items returned from a different country to the original shipping destination.
- Please send all items you wish to return from an order in the same shipment to ensure your return is processed as quickly as possible.
- Store credit is valid for one year from its issue date.