Terms and Conditions

	Rev.
VINEVIDA TERMS OF SERVICE

(Last Updated Nov 25, 2020)

1. Overview

Welcome to the Two Scents LLC dba VINEVIDA, website and services.

These Terms of Use (“Terms“) apply to your access to, and use of, any service offered by Two Scents LLC dba VINEVIDA (hereinafter referred to as “Vinevida.com Services“). These Vinevida terms and conditions sets forth the conditions on which we will provide the services and products offered through this website www.Vinevida.com, ("the website"). The contents, products and materials on this website is regulated through internet hosting standards for all online data regulations, such as GDPR, CCPA and PIPEDA.

We advise you to read the General Terms carefully to ensure that you are aware of your rights and obligations and before using the website. By accessing and or using the site, you agree to be bound by all of the following terms of use and privacy policy.

Overview
General Terms
Website and Products Disclaimer
Eligibility and Legal Capacity
Vinevida Services
Account Registration
Account Security
Package Description and Instructions
Cosmetic Goods Disclaimer
Updates to Terms
Shipping and Handling
International Shipping
Customs and Import Regulations
Customs Clearance
Order and Delivery
Refusal of Shipment
Non-Delivery
Applicability
Price
VAT and Duties
Title and Risk
Making a Purchase
Delivery Schedule
Quality of Products and Refunds Concern
Monitoring
Brand & Trademark Protection
Copyright and Limited License
Repeat Infringer Policy
Copyright Complaints
Trademarks
Accounts Suspension
Cookies Notice
Third-Party Content
Indemnification
Customer Content Responsibilities
Disclaimer
Limitation of Liability
Ratings, Reviews, and other Customer Feedback
Electronic Communications
Children's Privacy Policy
No Reliance
Local Regulations
Data and Privacy
Disputes
Binding Arbitration of All Disputes; No Class Relief.
Our GDPR Obligations
Governing Law and Venue
Termination
Severability
Copyright License
Contact Us

2. General Terms
These Terms of Use (Terms) presented in this document are the fundamentals rights and obligations that customers and Vinevida.com website have and agree on when using the website and service. These Terms constitute a binding agreement between Vinevida.com and you as a customer.
When you use the Vinevida.com website, you agree to the Terms, and they affect your rights and obligations. If you do not accept any or one of the terms and policies herein, please kindly stop using this website immediately.
Vinevida.com reserves the right at any time and in our sole discretion to change or modify these Terms or any policy or guideline of the website and platform. If we make changes or modifications to these Terms, we will provide you with notice of such changes, such as by sending an e-mail, providing advice through the Services, or updating the "Last Updated" date at the top of these Terms on our site. So we implore you to frequently review the Terms and applicable policies guiding your use of the website and service. If you do not agree to the amended terms, you must stop using the Services immediately.

3. Website and Products Disclaimer

Please note that your access and use of the website is at your own risk. Vinevida.com is not responsible for any type of loss or damage which you may sustain as a result of accessing and using the website. Two Scents LLC dba Vinevida assumes no responsibility for the contents of any other websites to which the website may have links, and if you access any such third-party linked sites, you do so at your own risk. Vinevida' inclusion of links to such websites does not imply any endorsement by us of the materials on such sites. Vinevida does not permit any third party to operate a link to the website, nor does it permit any third party to frame the website without obtaining Vinevida' prior written consent.

Your use of the website is at your own risk and subject to all applicable national and international laws and regulations. Vinevida have no responsibility for any information or services obtained by you on the site. Vinevida reserves the right to modify, supplement, move or delete portions of or add to the website at any time with or without notice.

4. Eligibility and Legal Capacity

You must be at least 18 years of age to access or use our website. If you are using the website on behalf of a person or entity, you agree that you are authorized to accept these Terms on that person's behalf and that the person or entity agrees to be responsible to us if you or the person or entity violates these Terms.

5. Vinevida Services

We provide 100% pure, therapeutic grade essential oils, with no fillers or carrier oils. Every product we sell is free of harsh chemicals and we refuse any product that has been tested on animals. By using our website, you agree to waive Vinevida any responsibility for non-compliance of a customer with any local country laws.

6. Account Registration

In order to use the Services, you must create a Customer account (“Account”) by registering with Vinevida.com. By creating your Account, you give us some of your privacy data, such as:

Name in full
Business/brand Name/Customer name
Email Address
Payment information

And other information, needed for us to supply you with our Products and Services. You may read how we process, secure and use your privacy data in our Privacy Policy and Cookie Policy page. You may be provided with a range of subscription options, and prices, for Registration, as listed on the subscription page of the Site

You agree to provide us true, accurate, current, and complete information when registering for an Account and will update the information as necessary to keep your Account and payment information current. As part of the registration process, you will provide Vinevida with a customer name and password for your Account (together “Account Credentials”). Vinevida reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted. You may have only one account

7. Account Security

You are responsible for maintaining the security of your Account Credentials and for all Services ordered, accessed, or otherwise used in connection with your Account and all actions taken in association therewith. You will not share your Account Credentials with any third party.

8. Package Description and Instructions

The description and instructions of the Products shall be as set out as in Vinevida' official pack description. All drawings, descriptive matter, specifications and advertising issued by Vinevida and any descriptions or illustrations contained in Vinevida brochures or information sheets are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They will not form part of this Contract.

9. Cosmetic Goods Disclaimer

All of our products intended for cosmetic use are certified and tested as required by law, and ingredients for any of these items are available via the website and upon request. VINEVIDA highly recommends that the end customers of these products perform a patch test before using any cosmetic product for the first time, and periodically thereafter as allergies can develop from the repeated use of ANY cosmetic product.

10. Updates to Terms

We are always working on adding additional features to our Services, and because of that, and also since sometimes applicable laws change, we may revise and reissue these Terms occasionally, by posting updated Terms. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Services. You should visit this page regularly to review the current Terms. If you do not agree with our updated Terms, you should stop using our Services or close your account. Your continued use of any of our Services means you accept every of our revised terms.

11. Shipping and Handling

For your peace of mind all orders are sent with proof of delivery and are insured against loss or damage. Our partnered shipping carrier is FedEx and our preferred shipping method is FedEx 2-day Guaranteed delivery.

12. International Shipping

We offer international shipping to select countries. Shipping costs will be calculated at checkout based on the size and weight of your order and the shipping destination. Please be aware that international shipments may be subject to delays due to customs inspections.

13. Customs and Import Regulations

Customers are responsible for ensuring that the products they purchase can be legally imported into their country. Restrictions and regulations vary by country, and we recommend contacting your local customs office for further information.

14. Customs Clearance

Customers are responsible for checking their country's regulations to ensure that the products they are purchasing are permitted for import. Different countries have specific regulations regarding our products, and it is the buyer's responsibility to comply with these regulations. VINEVIDA is not responsible for any products that are refused clearance by customs in the destination country, and no refunds or replacements will be provided in such cases. To facilitate smooth customs clearance, we highly recommend engaging a customs clearance agent in your country to ensure compliance with local import regulations.

15. Order and Delivery

If you ordered a product via the website, Vinevida would endeavor to deliver the requested products to the buyer at the agreed date and address. If the buyer specifies no dates for delivery, then delivery shall be within 2-3 business days from the day you place your order. If, for any reason, the buyer or the buyers did not provide appropriate information, shipping address, documents, licenses, or authorizations, which delayed the delivery of the order.

Risk in the Products will pass to the buyer (including for loss or damage caused by negligence);
Vinevida may store the Products until delivery is made after which the buyer will be liable for all related costs and expenses (including, without limitation, storage and insurance).
The buyer will ensure, and where necessary, provide at the buyer's expense, at the Delivery Point that there are adequate and appropriate equipment and manual labor for unloading the Products.

Where for any reason, Vinevida are unable to supply the Buyers ordered quantity, e.g., lack of stock or periods of high demand, etc. Vinevida will offer the buyer to cancel the order, or find another product of interest to continue with their order. Vinevida accept no liability whatsoever for any shortfall in this situation.

16. Refusal of Shipment

If a shipment is refused because of unexpected import fees, the cost of the original shipping, any brokerage/customs/duty/taxes, and any return shipping charges will not be refunded.

17. Non-Delivery

Please ensure that the address/shipping address details you supply are complete and correct. Our Delivery Couriers apply significant fines and redirection fees to items that cannot be delivered due to incorrect or incomplete address details and to items that are not called for or arranged for redelivery within 5 days of the first attempt to deliver. Any such fines, fees and subsequent redelivery costs will be passed on to you

The number of Products recorded by Vinevida upon dispatch from Vinevida warehouse shall be conclusive evidence of the quantity received by the buyer on delivery unless the buyer can provide convincing evidence proving the contrary. Vinevida shall not be liable for any non-delivery of Products (even if caused by Vinevida negligence) unless the buyer has provided written notice to Vinevida within two days' after delivery.

Any liability Vinevida has for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Products.

18. Applicability

These terms and conditions apply to every customer or Customer that places an order for a Vinevida products. Before the conclusion of a transaction or order, the text of these general terms and conditions will be made available to the customer.

19. Price

Unless otherwise agreed by Vinevida in writing (including any applicable Order Form), the price for the Products shall be the price set out in Vinevida sales agreement with the buyer appertaining to the date of delivery or deemed delivery.

The price for the Products shall be exclusive of any value-added tax and all costs or charges concerning loading, unloading, carriage, and insurance all of which amounts the buyer will also pay when it is due to pay for the Products.

20. VAT and Duties

All prices on our website are exclusive of Value Added Tax (VAT) and other import duties. As VINEVIDA is based in Miami, Florida, U.S. customers are not subject to VAT, but international orders may incur local VAT and import duties upon arrival in the destination country. These charges are the responsibility of the purchaser and must be paid by the recipient at the time of delivery.

21. Title and Risk

The Products will be at your risk from the time they are delivered to you. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

22. Making a Purchase

The Vinevida websites is business to business website. If you place an order you will be deemed to be a business customer.

Making a purchase could not be easier. Just browse our online shop and add items to your shopping bag. Then once you're happy with your selection click on 'Checkout' and you will be taken through the checkout to complete the order.

Please note that any bank charges incurred are your sole responsibility as the purchaser and not Vinevida.

23. Delivery Schedule

VINEVIDA, Vinevida normally dispatch orders within 1 working day. As an indication: All orders are sent with proof of postage and delivery confirmation. If you do not receive your order within the stated times please contact us and we will investigate and, where appropriate, resend your order. Please note that all deliveries are made via third parties and are subject to their terms and conditions. Although we make our best efforts to get your order to you as quickly as possible we are not able to guarantee levels of delivery service and timescales for delivery.

If we are aware of any delays in delivery times we will contact you immediately. You may cancel your order without cost up to the point that you receive confirmation that your order has been processed and dispatched. Once an order has been processed you may return the goods as described in the Returns Policy section of our Terms and Conditions. To cancel or return goods please contact us via any of the methods described in the About Us section of our Terms and Conditions quoting your order number. Back Orders If your item is not in stock, we will back order for you. You will always be emailed with the option to cancel your order if you would rather not wait. Tax Charges All prices quoted throughout the VINEVIDA website exclude VAT.

24. Quality of Products and Refunds Concern

The Vinevida warrants that during delivery, the Products shall:

Conform in all material respects with their description;
Be free from material defects in design, Material, and quality;
Be of satisfactory quality (within the meaning of the Sale of Products Act 1979); and
Be fit for the purpose held out by the Vinevida;
Not be damaged in a manner which makes the Products substantially unusable, and any Products which do not comply with any of such warranties shall be "Defective Products."

If:

the Customer gives notice in writing for 14 days after delivery that some or all of the Products are Defective Products;
the Vinevida will be giving a reasonable opportunity of examining such Defective Products;
If asked to return the defective products, the Customer will be in charge of shipping the faulty products to our designated warehouse for proper examination.
If the non-compliance with the warranty is proven, the Vinevida' cost or, if it, not at the Customer's cost the Vinevida shall, at its option, replace the Defective Products or refund the price of the Defective Products in full.
All refunds is credited to the original credit/debit card used during purchase.
Except as provided in these terms, the Vinevida shall have no other liability to the Customer in respect of the Defective Products. These Conditions shall apply to any repaired or replacement Products supplied by Vinevida.

The risk in the Products shall pass to the Customer on completion of delivery by Vinevida.

25. Monitoring

We strive to provide an enjoyable online experience for our customers, so we may monitor activity on the service to foster compliance with the Agreement. You now agree to such monitoring. Nevertheless, we do not make any representations, warranties, covenants, or guarantees that:

The service, or any portion thereof, will be monitored for accuracy or unacceptable use,
We generally do not pre-screen content before posted, uploaded, transmitted, sent or otherwise made available on or through the service by customers, so you may be exposed to content that is opinionated, offensive, or inappropriate, including content that violates the Agreement.

26. Brand & Trademark Protection

For the purposes of brand & trademark protection, any wholesale transactions that involves products that bear the name & trademark Vinevida (xxxxxxxxxxxxxxxxxx), the customer agrees not to sell the products on any eCommerce websites without the permission of the Seller and trademark owner

27. Copyright and Limited License

Unless otherwise indicated, the Services and all materials on the website, including, without limitation, the Vinevida logo and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, (collectively, the "Vinevida Materials") are the property of Vinevida or our licensors and protected by the U.S. and international copyright laws.

Vinevida grants you a limited, non-exclusive, and non-sub licensable license to access and use the website and Vinevida Materials. However, such consent is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Vinevida Materials. (b) The collection and use of any product listings, pictures, or descriptions. (c) the distribution, public performance or public display of any Vinevida Materials; (d) modifying or otherwise making any derivative uses of the Services and the Vinevida Materials, (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the Vinevida Materials or any information contained therein, except as expressly permitted on the Services; or (g) any use of the Services or the Vinevida Materials other than for their intended purposes. Any use of the Services or the Vinevida Materials other than as specifically authorized herein, without the prior written permission of Vinevida, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be conferred any license to intellectual property rights, whether by implication or otherwise. This license is revocable at any time.

28. Repeat Infringer Policy

Following the Digital Millennium Copyright Act ("DMCA") and other applicable law, Vinevida has adopted a policy of terminating, in appropriate circumstances, and in Vinevida' sole discretion, customers who are repeat infringers. Vinevida may also, in our sole discretion, limit access to the Services if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.

29. Copyright Complaints

If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

For the requirements of a proper notification

Name of Designated Agent:

Address:

Telephone Number:

Fax Number:

E-Mail Address:

You must not knowingly misrepresent your information that the Material is infringing when it is not. You will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the Material or activity claimed to be infringing.

30. Trademarks

The Vinevida logos, the slogan, and any other Vinevida' product or service name or slogan contained on the Services are trademarks of Vinevida. They may not be copied, imitated, or used, in whole or in part, without the prior written permission of Vinevida or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Vinevida" or any other name, trademark or product or service name of Vinevida without our prior written permission. Also, the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark or trade dress of Vinevida and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and Vinevida or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

31. Accounts Suspension

Vinevida reserves the right, without any obligation, to remove or to suspend or terminate customers of Vinevida without liability to us.

32. Cookies Notice

Our Sites use cookies. Our cookies do not contain any personally identifiable information, but without them, some elements of our Sites may not function correctly. Cookies are a standard feature of modern web browsers. They are small files that are stored in your web browser and used to make websites work efficiently.

Some of the cookies we use are essential for our Sites to function correctly - for example, keeping track of items that have been added to your shopping basket or remembering you have logged in. To maximize your online experience, we enable cookies on the site to help us understand how we can improve or analyze the success of promotions

For more information about our cookies policy, please visit our cookies policy page.

33. Third-Party Content

Vinevida may provide third party content on the Services. They may contain links to web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Vinevida does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Vinevida is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Customers use such Third Party Content at their own risk.

34. Indemnification

You agree to defend, indemnify, and hold harmless Vinevida, our independent contractors, service providers, and consultants. From and against any claims, damages, costs, liabilities, and expenses arising out of or related to; (a) your use of the Services; (b) any Customer Content or Submissions you provide. (c) your violation of these Terms. (d) your violation of any rights of another, or (e) your conduct in connection with the Services.

35. Customer Content Responsibilities

Any Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such information or content originated. You access all such information and content at your own risk.

You are responsible for all content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so in the way in which you provide it.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Vinevida. When you access third party websites or use third-party services, you accept that there are risks in doing so. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

Vinevida has no control over the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. Also, Vinevida will not and cannot monitor, verify, censor, or edit the content of any third-party site or service.

Your interactions with organizations or individuals found on or through the Services, including payment and delivery of products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

If there is a dispute solely between participants on this site, or exclusively between customers and a third party, you agree that Vinevida is under no obligation to become involved.

36. Disclaimer

EXCEPT AS EXPRESSLY PROVIDED CONTRARY IN WRITING BY VINEVIDA, THE SERVICES AND VINEVIDA MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VINEVIDA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT, AND MATERIALS CONTAINED THEREIN. VINEVIDA DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR VINEVIDA MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE VINEVIDA ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE. VINEVIDA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY USE OF THE SITE.

37. Limitation of Liability

IN NO EVENT SHALL VINEVIDA, OR OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND. INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA. WHETHER IN AN ACTION, IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE VINEVIDA MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO VINEVIDA' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VINEVIDA. WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY. IF ANY, TO VINEVIDA FOR ACCESS TO OR USE OF THE SERVICES.

38. Ratings, Reviews, and other Customer Feedback

Vinevida enables you to generate ratings and reviews, photos, videos, or other content about items and products on the websites ("Feedback"). Feedback may only contain truthful information. Feedback must be following the law and may not violate the rights of third parties, in particular personal rights, trademark rights or copyrights, as well as data protection regulations. You agree: (i) to base any rating or review you post only on your first-hand experience with the applicable business, product, or service. (ii) you will not provide a rating or consideration for any company, product, or assistance concerning which you have competitive ownership or other economic interest, employment relationship, or other affiliation. (iii) you will prominently indicate if your review was sponsored or paid for in any way; (iv) your review will comply with these Terms.

Any use of the feedback system, contrary to the preceding paragraphs, is prohibited. If you abuse the feedback system, Vinevida is entitled to remove the Feedback taking your legitimate interests into account, in particular your right to freedom of expression. These apply mainly if:

Vinevida is legally obliged to remove the Feedback, e.g., due to a court ruling

the Feedback contains vulgar, obscene, racist, not youth-free or in the criminal sense insulting statements
the Feedback comprises personal data, e.g., name, address, telephone number or e-mail address
the Feedback contains inappropriate links or scripts, e.g., with harmful content
the Feedback contains inappropriate advertising for third parties
The ratings for items include irrelevant information not related to the topic, e.g., customer service of the store, shipping of the product, or site usability issues.

Ratings and reviews and photos, videos, or other content about items and stores ("Feedback") posted by customers on our Services are Customer Submissions that are not endorsed by Vinevida and do not represent the views of Vinevida. Vinevida does not assume liability for ratings and reviews or any claims for economic loss resulting from such ratings and reviews. We reserve the right to exclude such Feedback for any reason or no reason, without notice to you. For example, we may exclude Feedback if we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews.

39. Electronic Communications

For contractual purposes, you (1) consent to receive communications from Vinevida in an electronic form such as e-mail, to provide exclusive deals, and promotion. (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Vinevida provides to you electronically via e-mail satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

40. Children's Privacy Policy

Vinevida respects the privacy of children, and we are committed to complying with the Children's Online Privacy Protection Act (COPPA). This Children's Privacy Policy describes our practices concerning the collection of personal information from children under the age of 18. This site does not knowingly collect, use, or disclose personal information from children under the age of 18 without prior parental consent, or do we provide Vinevida services to children under 18 years of age except as permitted by COPPA. However, we may provide our service to children under 18 years of age but in the supervision of a parental guardian.

41. No Reliance

You should not solely rely on the Material but should instead seek other opinions before taking or failing to take any action, which could lead to injury, harm, death, or damage of any kind.

42. Local Regulations

We make no representation that our service is available for use or permitted by law in any particular location. To the extent you choose to access our website, you do so at your own risk and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You expressly agree to comply with all applicable laws concerning the transmission of technical data exported from your country or the U.S.

43. Data and Privacy

By using Vinevida, you agree to the collection, transfer, storage, and use of your personal information by Vinevida on servers located in the U.S. as further described in our Privacy Notice. You and Vinevida shall process personal data received under and in connection with this Customer Agreement, each as a separate and independent controller. In no event will Vinevida and you process personal data under or in connection with this Customer Agreement as joint controllers or a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.

You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation "GDPR")) and supplementing EU and local data protection law, the California Privacy Rights CCPA/CALOPPA and The COPPA data Laws.

These include, but not limited to, an obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization. You shall process personal data received from Vinevida exclusively for the purpose(s) you collected the personal data under or in connection with this Customer Agreement. You shall erase the personal data received under this Customer Agreement immediately after the particular purpose(s). Any further processing of the personal data Wnot permitted except when legally required (e.g., if a retention obligation applies).

Failure to abide by the obligations mentioned above may result in disciplinary action up to and including account suspension.

44. Disputes

We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us please contact us as soon as possible.If you want to take court proceedings, please see our Binding Arbitration of Disputes section in relation to these Terms.

Relevant United States law will apply to these Terms.

45. Binding Arbitration of All Disputes; No Class Relief.

This section sets forth the particular way you can resolve any dispute you may have with us. If you ever wish to seek any relief from us, you agree to do it only through arbitration, and you waive the ability to pursue a class action.

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Service or the Terms (Dispute"), then you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it. But if no such information exists or if such information is not current, then we have no obligation under these terms. Your notice to us must come to us at Sales@vinevida.com. For sixty (60) days from the date of receipt of notice from the other party, Vinevida, and you will engage in a dialogue to attempt to resolve the dispute.

If a dispute arises between you and Vinevida.com, we strongly encourage you to first contact us directly to seek a resolution by going to the Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation, governed by the United States laws.

46. Our GDPR Obligations

We Undertake To:

Process the personal data within the services specified in these terms only on documented instructions from you unless required by applicable laws to which we are subject. In which case we shall, to the extent permitted by applicable laws, inform you of that legal requirement before the relevant processing of that personal data;
Inform you if we consider that an instruction violates data protection laws or regulations. We shall then be entitled to suspend the execution of the relevant instructions;
Ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
Taking into account the nature of the processing, assist you by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of your obligation to respond to requests for exercising the data subject's rights;
Assist You In Ensuring Compliance With The Obligations Under Articles 32 To 36 Of The GDPR Taking Into Account The Nature Of Processing And The Information Available To Us;
At Your Choice, Delete Or Return All The Personal Data To You After The End Of The Provision Of Services Relating To Processing, And Delete Existing Copies Unless Applicable Law Requires Storage Of The Personal Data;
Make Available To You Information Necessary To Demonstrate Our Compliance With The Obligations Laid Down In This TERMS.

47. Governing Law and Venue

This Agreement shall be governed and construed in all respects by the laws of the United States of America and Florida Supreme courts and the required European Union GDPR Regulation. You agree that any claim or dispute you may have against must and be resolved by arbitration. You and Vinevida.com both agree to submit to the non-exclusive jurisdiction of the laws of the United States of America and Florida Supreme courts. For claims falling within the jurisdiction of the United States of America and Florida, you and Vinevida.com both agree to submit to the jurisdiction of the laws of the United States of America and the Florida Supreme Court.

Any dispute arising from these Terms and your use of the Services will be subject to arbitration, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration; hence it will be resolved by arbitration.

48. Termination

Vinevida reserves the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent your future access to, and use of, the Services.

49. Severability

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable. Then that provision shall not affect the validity and enforceability of the remaining provisions.

50. Copyright License

We, together with our licensors, own and control all the copyright and other intellectual property rights in Vinevida website and the Material on our site; and
All the copyright and other intellectual property rights in the Vinevida website and the Material on our site are reserved.

51. Contact Us

If you have any questions about these Terms & conditions, please contact us at E-mail: Sales@vinevida.com.