Terms and Conditions
This Website is operated by Vienna Imports, Inc. All inquiries may be directed to:
PO BOX 281
Ohio, OH 44222-0281
Your use of this Website is governed by these Terms and Conditions. Your use of the https://viennaimports.com Website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use the https://viennaimports.com Website.
These Terms and Conditions May Change
Vienna Imports reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the https://viennaimports.com Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions each time you use this Website.
Use of Website
The https://viennaimports.com Website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Vienna Imports’ goods and services and/or to otherwise transact business with or contact Vienna Imports, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer. In particular, Vienna Imports expressly prohibits third parties from opting out of Vienna Imports’ services and/or contacts on behalf of a Vienna Imports customer or other person or entity, without both (a) Vienna Imports’ full knowledge as to the surrogate action being taken and (b) Vienna Imports’ express permission. This prohibition is intended to protect the privacy and freedom of Vienna Imports’ customers and the personal relationship Vienna Imports works to develop with its customers and others authorized to use its Website.
All of the content you see on this Website, including, for example, but not limited to, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (referred to herein as the “Content”) is the exclusive property of Vienna Imports and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Vienna Imports, by one of its affiliates or by third parties who have licensed or assigned their rights, interests and/or materials to Vienna Imports. The entire Content of the https://viennaimports.com Website is copyrighted as a collective work under U.S. and other applicable copyright laws, and Vienna Imports owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the https://viennaimports.com Website, and the Website as a whole, are intended solely for the personal and non-commercial use of the users of our Website. As such a user, you may download, print and store selected portions of the Content, but only if (1) you use any such copies of the Content only for your own personal and non-commercial use, (2) you do not copy or post the Content on any network computer or broadcast the Content in any media and/or in any form or format, (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (4) you properly credit any intellectual property rights to Vienna Imports. No right, title or interest in any downloaded or copied materials are transferred to you as a result of any such downloading or copying. Vienna Imports reserves complete title and full intellectual property rights in any Content you download from this Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining the express written permission of Vienna Imports.
Notice of Copyright Infringement
We respect the intellectual property rights of others. Please notify us in writing by mail or email if you believe that a user of our Websites has infringed your copyright. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”), to be effective the notification should include:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit Vienna Imports to locate the material on our websites;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- your physical or electronic signature.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our websites without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.
Please send all notices under the above copyright infringement policies to Vienna Imports’ for receipt of notifications of claimed infringement:
PO BOX 281
Ohio, OH 44222-0281
Please do not send notices or inquiries about anything other than alleged copyright infringement to us for Notice.
Your account may be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
We welcome your comments regarding the https://viennaimports.com Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to https://viennaimports.com shall be and remain the exclusive property of Vienna Imports. Your submission of any such Comments shall constitute an assignment to Vienna Imports of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Vienna Imports will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
You promise that:
- you own all rights to your Comments or, alternatively, that you have the right to give us the rights described above; and
- your Comments do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit Comments for any reason. We may remove Comments from the https://viennaimports.com Website for any reason.
We have done our best to display as accurately as possible the colors of the products shown on this Website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
U.S. Pricing Policy
Our goal is to have clear and understandable pricing for our products. Our product prices are consistent in catalogs, in stores and online; however, product prices may be displayed differently in our stores. We use these pricing terms in our catalogs and online:
The prices displayed on this Website are quoted in U.S. Dollars and are valid and effective only in the United States. Additional shipping and other charges may apply for orders outside of the United States and/or into US territories, and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on this Website at the time of your order. Product availability and prices are subject to change. Vienna Imports reserves the right to correct any errors, inaccuracies, or omissions and to change or update product pricing, availability or other information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.
THIS WEBSITE AND ALL CONTENT AVAILABLE ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS WEBSITE THAT YOUR USE IS AT YOUR SOLE RISK AND THAT VIENNA IMPORTS AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.
IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VIENNA IMPORTS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VIENNA IMPORTS AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR MOBILE APPLICATIONS; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE OR MOBILE APPLICATIONS; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VIENNA IMPORTS OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE WEBSITE HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold Vienna Imports and its Affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys’; fees, arising from or related to your use of the Website, including, without limitation, your use of the https://viennaimports.com Website in violation of these Terms and Conditions.
Arbitration Agreement & Waiver of Certain Rights
You and Vienna Imports agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Vienna Imports hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Vienna Imports relating to these Terms and Conditions or the Website (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
Neither you nor Vienna Imports may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Vienna Imports’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
You agree all court proceedings will be in the surrounding area of Akron, Ohio.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms and Conditions. This Section of the Terms and Conditions will survive the termination of your relationship with Vienna Imports.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR VIENNA IMPORTS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Any action relating to the use of the Website, any mobile applications, catalogs or any transaction with Vienna Imports must be brought in the state or federal courts located in Ohio. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any conflict of laws rules or provisions.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms and Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms and Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions (the “Terms”). Please only provide your own mobile phone number. You may not enroll if you are under 18 years old.
Messages You May Receive
Once you affirm your choice to opt in to the Service, you will receive the following alerts for your online order for in-store pick up. You will receive up to SIX alerts per order. You will receive an alert each time an item or items are ready for pick up; you will receive an alert when the order is complete and ready for pick up; and you will receive a reminder to pick up your order if not yet picked up after three days. You will also receive email alerts as the order is processed at the email address you provide at the time of your order.
All products are sold for external use only.
We do not sell products for internal use.
Vienna Imports reserves the right to discontinue the Service at any time without notice.