Policies Page

Welcome to valabasas.com we provide website features and other products and services (“Valabasas Services”) to you when you visit or shop at thesuperiorshop.com subject to the following conditions. By accessing the Valabasas Services offered by this website, you agree to these conditions. Please read them carefully.YOUR ACCOUNTIf you use any of our services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We sell products to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may useValabasasServices only with involvement of a parent or guardian. Valabasas reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.ELECTRONIC COMMUNICATIONSWhen usingValabasasServices, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through other communications medium. You can retain copies of these communications for your records. 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.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Valabasas Denim (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at ibrahim@valabasas.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Memphis, Tennessee before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Valabasas Denim’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

COPYRIGHTAll content included in or made available through valabasas.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property ofValabasas, partners, or its content suppliers. All such content is protected by United States and international copyright laws.COPYRIGHT COMPLAINTSValabasas respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately.DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITYVALABASASSERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SHOPIFY SOFTWARE, AND THIRD PARTY APPLICATIONS) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE VALABASAS SERVICES ARE PROVIDED BY VALABASAS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. VALABASAS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE VALABASAS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SHOPIFY SOFTWARE, AND THIRD PARTY APPLICATIONS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE VALABASAS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE VALABASAS SERVICES IS AT YOUR SOLE RISK.VALABASAS DOES NOT WARRANT THAT THE VALABASAS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SHOPIFY SOFTWARE, AND THIRD PARTY APPLICATIONS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE VALABASAS SERVICES, SHOPIFY SERVERS OR ELECTRONIC COMMUNICATIONS SENT VALABASAS OR ITS AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VALABASAS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY VALABASAS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SHOPIFY SOFTWARE, AND THIRD PARTY APPLICATIONS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY VALABASAS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.RISK OF LOSSAll items purchased fromValabasasare 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.APPLICABLE LAWBy using our services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Tennessee, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Superior.SITE POLICIES, MODIFICATION, AND SEVERABILITYPlease review all policies that govern your use of our site including pricing policy. We reserve the right to make changes to our site, policies, Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Valabasas (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy https://valabasas.com/pages/privacy-policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method, you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Valabasas and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of digital and physical products, services. Messages may include checkout reminders.
Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@valabasas.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in MEMPHIS, TN before one arbitrator.

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

State Law:

Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/valabasasdenim/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/valabasasdenim/privacy_policy).

At Valabasas we know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy.

By visiting valabasas.com you are accepting the practices described in this Privacy Notice.

WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

CONSENT

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at orders@valabasas.com or mailing us at: Valabasas 4055 American Way, Memphis Tennessee United States of America 38118.

DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms and Conditions

SHOPIFY HOSTING

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

PAYMENT NOTICE:

All orders not using PayPal, must use the same address for Billing as Shipping. Your order WILL BE Cancelled if you do not comply. If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

LINKS

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features for purchasing, check-out, and personalized advertisements on web sites.Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not._session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc)._shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart._secure_session_id, unique token, sessionalstorefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

AGE CONSENT

By using this site, you represent that you are at least 18 years old, or not considered as a minor in your state or province of residence.

CHANGES TO THIS PRIVACY NOTICE

We reserve the right to modify this privacy notice at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

"BY USING OUR WEBSITE, YOU (THE VISITOR) AGREE TO ALLOW THIRD PARTIES TO PROCESS YOUR IP ADDRESS, IN ORDER TO DETERMINE YOUR LOCATION FOR THE PURPOSE OF CURRENCY CONVERSION. YOU ALSO AGREE TO HAVE THAT CURRENCY STORED IN A SESSION COOKIE IN YOUR BROWSER (A TEMPORARY COOKIE WHICH GETS AUTOMATICALLY REMOVED WHEN YOU CLOSE YOUR BROWSER). WE DO THIS IN ORDER FOR THE SELECTED CURRENCY TO REMAIN SELECTED AND CONSISTENT WHEN BROWSING OUR WEBSITE SO THAT THE PRICES CAN CONVERT TO YOUR (THE VISITOR) LOCAL CURRENCY."

WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products, and other updates.

Text marketing (if applicable): With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.

In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/valabasasdenim/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/valabasasdenim/privacy_policy).

DO YOU HAVE A LOST, STOLEN, OR DAMAGED PACKAGE?

IF YOU PURCHASED THE VALABASAS PURCHASE PROTECTION, YOU MAY USE THE LINK BELOW TO FILE A CLAIM. IT MAY TAKE UP TO 48 HOURS TO REVIEW YOUR CLAIM AND PROVIDE AN UPDATE.

Packages presumed to be lost

Order issues for packages presumed to be lost by the carrier (where the status is not "delivered") must be filed no sooner than 5 days after the last tracking update for United States domestic shipments (15 days for international shipments, including Canada unless a Canadian merchant is shipping within Canada in which case the 5 day domestic shipment timeline applies) and within 30 days from the last checkpoint.
If Photo Evidence is provided by the carrier of the parcel shipped to the address your claim will be denied and marked as delivered.

Invalid address or delivery barriers

Sometimes carriers cannot deliver the customer’s package due to an invalid address or other unexpected delivery barriers. At this point, the carrier might return the package to the sender/retailer. The customer’s package is not actually lost, thus Valabasas does not cover this. In instances where the item is being returned to the sender and is reusable, customers will be referred to Valabasas.

Only part of the order delivered

If a single order is being shipped in multiple packages and one package does not arrive, Valabasas Insurance will cover the order issue and reorder the product of the undelivered package.
If Valabasas forgets to ship an item from the customer’s order, the customer needs to reach out to Valabasas to have the missing items fulfilled.

Packages labeled "return to sender"

Valabasas insurance covers the customer’s order if the package gets lost in-transit back to the sender.*

*Please note: Valabasas Package Protection timeframes for filing apply.

Order marked as unfulfilled or unshipped

If the customer’s order is marked as unfulfilled or unshipped, the order hasn’t been fulfilled yet by us (We could be low on inventory of the items, internal delays with the fulfillment center, etc.).
Valabasas Insurance Package Protection is not yet in action because the order has not shipped.

Order issue filed too soon

If the customer is filing an order issue the same day that the package was marked as delivered, at our discretion Valabasas Insurance may ask you to wait 5 business days. Carriers (FedEx, USPS, UPS, DHL, etc.) sometimes prematurely mark the package as delivered when it’s still in transit.

Delivered but Missing Package

Order issues for packages marked "delivered" yet not received are considered stolen, and must be filed 3 days after “delivery date” but no longer than 7 days to ensure it was not mis-delivered or easily found around the premises.

Filing a police report

At our discretion, Valabasas Insurance may require a police report when the customer’s package is marked as delivered.

If requested, the customer will file the police report and include an explanation that Valabasas has a package protection company, and we have protected the customer’s package that has been stolen. To process the order issue with Valabasas, Valabasas Insurance is requiring a police report.
Send Valabasas the police report PDF & number in the order issue.

Upon request, Valabasas Insurance may require additional documentation such as proof of identity, a notarized statement, address, etc.

Note: Depending upon the jurisdiction, a false police report may be charged as a misdemeanor or a felony

Broken items

The customer would need to ship it back to the valabasas to get it replaced.

Damaged items

A damaged item is considered to be a broken product that is unusable, clearly fractured, shattered, bent (if not bendable), crushed, etc.
Valabasas insurance does not cover cosmetic damage (scratches, dents, etc.), manufacturing damages, packaging errors, or unsealed items.
Valabasas Insurance requires further evidence of the customer’s damaged item (i.e. more photos, videos, etc..)

Out of stock

Valabasas Insurance can offer the customer a replacement for the item that is out of stock.

Input wrong address

If the customer entered the wrong address at the time of order, Valabasas insurance protection does not cover this.
Shipping Courier Delivers to Address Inputted by Customer .If you Have submitted an incorrect address we are not responsible for this mistake.

Quality control

If the customer is unsatisfied with their product, Valabasas insurance protection is not a product replacement plan and the order issue cannot be approved.
The customer needs to reach out to the Valabasas customer Chat on our Website.

Estimated Delivery Date

Whenever there is an estimated delivery date, that becomes the date after which the package is considered “lost” PLUS 48 hours. In addition, if there is a recent shipping update at any point, that 7 day lost minimum supersedes any 2 day estimated delivery date minimum.

Expedited shipping hasn't arrived

If the customer’s package is delayed for whatever reason, Valabasas protection will not cover it.
Carriers update their website with expected delays due to inclement weather or other barriers to expected delivery.
If the customer paid for expedited shipping but the package arrives outside of the expected window, Valabasas protection will not cover it.

Payment installment companies

For payment installments (Sezzle, Afterpay, etc.), it is the customer’s responsibility to pay the payment installment company directly.
Once Valabasas reorders the customer's product for their order, the customer must still pay their installments to the payment installment company directly.

Package in Pre-Shipment

Valabasas insurance reserves the right to deny order issues where package tracking is marked as "pre-shipment".

Non-sanctioned shipping address

Valabasas insurance is based in the United States of America. Due to shipping policies in the US, Valabasas insurance Protection will not cover issues shipped to countries that are sanctioned by the US.

Closed order issues

If a customer does not respond within 3 days, Valabasas insurance will automatically close the order issues. Customers can open the order issues back up by responding to the original thread.

Didn't want Valabasas insurance Package Protection

If the customer’s package has not shipped, Valabasas can refund the the Valabasas insurance protection package.
If the item has shipped, Valabasas insurance is already protecting the package and cannot refund the customer.

Package Protection Policy.

If the customer’s package is covered by The Package protection and has made a claim that was approved, the customer will only be able to get a replacement of the same style and size of the order they placed.
If A customer's replacement protection approved package has been sent to the customer. It can only be returned for a different size . It cannot be returned for a refund or a different , color, style jean, tee, jacket etc. unless under authoritarian from the claim support team
Package Protection does not offer refunds on any product, it is strictly a replacement plan only.

Make a claim

If you do not add shipping protection, We are not liable for lost, damaged, or stolen items