TERMS & CONDITIONS

 Updated: March. 5. 2023

Welcome to www.dripsen.com. Please review this page carefully. These Terms of Use (“Terms”) constitute a legal contract between you and BOTTARI CLOTHING INC (DBA, DRIPSEN). (“Dripsen,” “we,” “us” or “our”) and govern your access to and use of the www.dripsen.com website and its subdomains (collectively, the “Website” or “Site”), our software applications (the “Apps”), and all portals, products, goods, services, events, and interactive features, or other services controlled by us that post a link to these Terms (collectively, the “Services”).  By using the Website, Apps or Services, you agree to be bound by and comply with these Terms. We may change these Terms or modify any features of the Website at any time. The most current version of the Terms can be viewed by clicking on the “Terms of Use” link posted through the Website. You accept any changes to the Terms by continuing to use the Services after we post the changes. If you do not agree to the Terms, do not use our Services.

All references to “you” or “your” in these Terms mean the person that registers for, accesses, or uses the Site, App, or the Services. If you use or access any of the Services on behalf of an entity or individual, you represent and warrant that you have the authority to bind that entity or individual. Our Services are not intended for those under the age of 18 – if you access our Services, you represent and warrant that you are at least 18 years of age. 

1. PRIVACY NOTICE

Our Privacy Policy is incorporated into these Terms by reference, and constitutes a part of these Terms. By using the Services, you indicate that you understand and consent to the collection, use and disclosure of your information as described in our Privacy Policy

1. PROHIBITED CONDUCT

You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, the Site or the App, or in a manner that violates any law(s). For example, and without limitation, you may not:

• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
• Engage in unauthorized spidering, scraping or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
• Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site or in the App;
• Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, App or Services or any activity conducted on the Site or App or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
• Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt or otherwise alter or interfere with (or attempt, encourage or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Site or the App. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
• Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
• Upload or otherwise transmit any communication, software or material that contains a virus or is otherwise harmful to DRIPSEN’ or its users’ computers or systems;
• Send or cause to be sent any communication (including email) to other users without their consent (e.g., “mail bombs” or “spamming”);
• Violate, or encourage any conduct that would violate, any applicable law or regulation; 
• Engage in fraud or misuse of the Services; 
• Cause damage, embarrassment or adverse publicity to DRIPSEN; or
• Engage in any other conduct that restricts or inhibits any person from using or enjoying the Site or App or that, in our sole judgment, exposes us or any of our users, affiliates or any other third party to any liability, damages or detriment of any type.

Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Site or Apps for any or no reason at any time without notice.

1. USER COMMUNICATIONS

Unless specifically requested, DRIPSEN does not wish to receive any confidential, proprietary, or trade secret from you via the Site or the App (including via contact email made available on our Services). You remain fully responsible for the materials that you provide to us, including, without limitation, information, requests, creative works, pictures, photographs, letters, documents, demos, ideas, suggestions, reviews, concepts, methods, systems, designs, plans, techniques or other materials submitted, posted, uploaded, sent or otherwise transmitted to us (“User Content”). If you send DRIPSEN any User Content, you grant DRIPSEN unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) such User Content in any media now known or hereinafter invented, including for commercial purposes. In addition to the rights applicable to any User Content, when you post comments or reviews to our Site, App, or via mentions in social media, you also grant us the right to use the name that you submit with any comment, review, or other content, in connection with the comment, review or other content. 

You agree not to provide User Content that:

• Infringes on the copyright, trademark, patent or other intellectual property right of any third party;
• Is false, misleading, libelous, defamatory, obscene, abusive, hateful or sexually explicit;
• Violates a third party’s right to privacy or publicity;
• Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
• Contains epithets or other language or material intended to intimidate or incite violence;
• Contains a virus, worm, Trojan Horse, time bomb or any other harmful program or component;
• Contains any commercial material or solicits any funds (charitable or commercial), perpetuates chain letters or pyramid schemes, promotes commercial entities, or otherwise engages in commercial activity; or
• Violates any applicable local, state, national or international law, or advocates illegal activity.

We are not obligated to use your User Content. We do not guarantee any confidentiality with respect to any User Content. 

The obligations that you have to us under these Terms shall survive termination of the Site, App or Services, any use by you of the Site, App or Services as well as any User Content uploaded or sent through the Site or App, or the termination of these Terms.

·  RESTRICTED ACCESS

Access to certain areas of the Site or App may be restricted. DRIPSEN reserves the right to restrict access to other areas of the Site, App, or indeed this entire website or portal, at DRIPSEN’ discretion.

If DRIPSEN provides you with a user ID and password to enable you to access restricted areas of the Site or other content or services, you must ensure that the user ID and password are kept confidential. 

DRIPSEN may disable your user ID and password in DRIPSEN' sole discretion without notice or explanation.

·  ACCURACY OF CONTENT AND INVITATION TO OFFER

DRIPSEN has taken care in the preparation of the content of the Site and App, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colors of our products that appear on the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect the color of the product on delivery. To the extent permitted by applicable law, DRIPSEN disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on the Site. DRIPSEN shall not be liable to any person for any loss or damage which may arise from the use of any of the information or products contained in any of the materials on the Site.

All products/services and information displayed on the Site constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the Terms as listed herein. DRIPSEN reserves the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by DRIPSEN and the balance would continue to be on offer to DRIPSEN and DRIPSEN reserves the right to accept or reject such balance order. No act or omission of DRIPSEN prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm dispatch and therefore acceptance of the order.

·  SHOPPING RULES AND PROVISIONS

DRIPSEN reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. DRIPSEN also reserves the right, at our sole discretion, to prohibit sales to any one as it may deem fit.

DRIPSEN hereby disclaims any guarantees of exactness as to the texture, finish, exact color, and appearance of the final Product as ordered by the user.

While DRIPSEN strives to provide accurate product and pricing information, pricing or typographical errors may occur. DRIPSEN cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, DRIPSEN shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, DRIPSEN may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and DRIPSEN will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event DRIPSEN accepts your order the same shall be debited to your credit / debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to DRIPSEN’ dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit / debit card account.

·  RETURNS

Items bought on DRIPSEN.COM will gladly be accepted for a refund within 14 days of the delivery date. All merchandise must be received back in its original form. Clothing must not be worn, altered, damaged, free of any stains, odors, self tanner, pet hairs, or distinct smells including deodorant and perfume.  Return label fees are calculated and deducted from your refund at the portal checkout stage. Refunds will be issued in the same form of original payment type, excluding shipping and handling costs. All tags must be attached when returned. Please note that all Final sale items, Clearance items, Accessories, Swimwear and Intimates are a Final Sale. If such items are returned a $25.00 fee will be charged and the items will be returned to you. In the event your item is damaged or defective please contact us within 7 days from the date of delivery and we will gladly process a return or exchange. Any international returns received later than 60 days from the order date will be returned back to the sender. Used a coupon code? No problem! We are now accepting returns using coupon codes unless otherwise stated. Note the item must be unwashed, unworn, and free of any stains or odors. 

Please note all Black Friday Deals are considered Final sale*

·  ACCOUNT CREATION

To access and use the Services, we may require you to first register for an account (“Account”). You agree to provide accurate, current, and complete information during the registration process, and to update such information to keep it accurate, current, and complete. If you create an Account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your registration, username, password, and/or Account. We therefore urge you not to share your Account credentials with anyone. We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Site at any time and for any or no reason. DRIPSEN will not be liable to you or any third party for any termination of your access to the Site. If your status as a user of the Site is terminated, you will (i) stop using the website and any information obtained from the website, and (ii) destroy all copies of your account information, password and any information obtained from the Site. 

1. INTELLECTUAL PROPERTY

This Website contains content that is protected under the copyright, trademark and other intellectual property laws of the United States and other countries (“Content”) and these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. Unless otherwise provided in these Terms or elsewhere indicated on the Website, all intellectual property rights in the Content are owned by us or our third-party licensors to the full extent permitted under United States and international intellectual property laws, including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel,” and arrangement of the Content. Your use of this Website shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable intellectual property laws. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provided that you maintain any notices contained in the Content, or maintained by the licensor or author, such as all copyright notices, trademark legends, attributions, by-lines or other proprietary rights notices. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify or otherwise exploit any part of the Website, including the DRIPSEN name and logo, without our prior written consent. You may provide a link to the top page of the Website unless and until DRIPSEN gives notice that you must discontinue linking to the Website. You may not store electronically any significant portion of Content from this Website. The use of Content from this Website on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without our prior written approval.

·  CLAIMS OF INFRINGEMENT

DRIPSEN respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, DRIPSEN will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. DRIPSEN will disable and/or remove access to the website for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide DRIPSEN Copyright Agent the following information:

DMCA Notice of Alleged Infringement (“Notice”)

• Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
• Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
• Provide your mailing address, telephone number and, if available, email address.
• Include both of the following statements in the body of the Notice:
• “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
• “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
• Provide your full legal name and your electronic or physical signature.
• Deliver this Notice, with all items completed, to DRIPSEN Designated Copyright Agent:

Copyright Agent
DRIPSEN

807 E 12^TH  STREET #104

Los Angeles CA 90021

Email Address: support@dripsen.com

While DRIPSEN considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

1. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES 

The Site, App or Services may contain links to third-party content that take you outside of the Site or App and the Services (“Linked Sites”). We do not control, endorse, sponsor, recommend or otherwise accept responsibility for such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. You should be sure that you read and agree to those policies. Use of any linked third-party content is at the user’s own risk.

1. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless DRIPSEN, its officers, directors, affiliates, agents and employees, from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with (i) your use of and access to the Website or Services, (ii) your violation of any of these Terms, and (iii) your violation of any third party right, including any copyright, trademark, trade secret or privacy right related to your User Content (as applicable) or use of this Website.

1. DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE OPERATION OF THE WEBSITE OR THE INFORMATION, MATERIALS, GOODS OR SERVICES APPEARING OR OFFERED ON THE WEBSITE, ALL OF WHICH ARE PROVIDED “AS IS.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (1) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (3) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE; (4) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF DATA MADE AVAILABLE ON THE WEBSITE OR OTHERWISE BY DRIPSEN; (5) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY DRIPSEN OR ANY THIRD PARTY; AND (6) WARRANTY OF TITLE. FURTHER, DRIPSEN DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, (1) THAT THE WEBSITE OR ANY EMAIL WE SEND YOU IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF OR BROWSING ON THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE; OR (2) THAT THE WEBSITE, WEBSITE CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UP-TO-DATE OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

1. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL DRIPSEN (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, EMPLOYEES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES AND LOST PROFITS, ARISING OUT OF YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THE WEBSITE, WEBSITE CONTENT, USER CONTENT OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF DRIPSEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL DRIPSEN’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT, NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $100. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, DRIPSEN’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DRIPSEN DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR APPS, YOUR SOLE REMEDY IS TO STOP USING THE WEBSITE OR APPS.

1. APPLICABLE LAW; JURISDICTION

These Terms are governed by, and must be construed in accordance with, the laws of the United States and the State of California, as applicable, without giving effect to their principles of conflicts of law. By using the Site, Apps, or Services, you waive any claims that may arise under the laws of other countries or territories. 

1. DISPUTE RESOLUTION; CLASS ACTION WAIVER

With respect to any and all disputes arising out of or in connection with the Site, Apps, Services, or these Terms (including, without limitation, the Privacy Notice), DRIPSEN and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and DRIPSEN do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor DRIPSEN will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. DRIPSEN and you agree that all disputes arising under these Terms that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in Los Angeles, California, or another forum mutually agreed upon by the parties, pursuant to the Rules of Arbitration (“Rules”) of the International Chamber of Commerce (“ICC”) by a sole arbitrator nominated by agreement of the parties and confirmed in accordance with said Rules. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that DRIPSEN is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect.

1. SEPARATE TERMS AND CONDITIONS

In connection with your use of the Site or Apps, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Site or Apps. Any supplemental terms will not vary or replace these Terms regarding any use of the Site or Apps, unless otherwise expressly stated.

1. ACCESS OUTSIDE THE UNITED STATES

If you are visiting the Site from a location outside of the United States, be advised that your information may be transferred from your location through and to servers located in the United States or elsewhere. The data protection laws in the United States and in other countries may differ from those of the country in which you are located, and your information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Site or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information in the United States and in other countries. Please see our Privacy Policy for more information. 

1. MISCELLANEOUS

These Terms constitute the entire agreement between DRIPSEN and you, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment or agency relationship exists between you and DRIPSEN as a result of these Terms or your access to and use of the Site or Apps. Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.

1. CONTACT US

If you have any questions about the Terms, please contact us at:

Email Address: support@dripsen.com