Effective Date: March 30, 2024
Last Updated: March 30, 2024
PLEASE READ CAREFULLY: These Terms and Conditions constitute a legally binding agreement between you and Visionly. By using our website or services, you agree to all terms outlined below.
1. Acceptance of Terms
By accessing, browsing, or using the Visionly website (visionly.online), mobile application, or any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree with any part of these terms, you must not use our website or services.
2. Business Information
Company Details:
- • Business Name: Visionly
- • Address: 15075 N Hayden Rd, Scottsdale, Arizona 85260, United States
- • Phone: (480) 483-5952
- • Email: support@visionly.online
- • Website: visionly.online
3. Eligibility and Age Requirements
You must be at least 18 years old to use our services and make purchases. By using our website, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are under 18, you may only use our services with the involvement and consent of a parent or legal guardian.
4. Product Information and Availability
Product Descriptions: We strive to provide accurate product descriptions, specifications, and pricing information. However, we do not warrant that product descriptions, images, specifications, or other content is accurate, complete, reliable, current, or error-free. Product colors may vary slightly from those displayed on your device due to monitor settings.
Availability: All products are subject to availability. We reserve the right to discontinue any product at any time without prior notice. In the event a product is no longer available after you have submitted an order, we will notify you and provide a full refund.
Pricing: All prices are displayed in US Dollars (USD) and are subject to change without notice. Prices include applicable taxes where required by law. Additional shipping costs may apply and will be clearly displayed during checkout.
5. Orders and Purchase Process
Order Acceptance: All orders are subject to acceptance and availability. We reserve the right to refuse, cancel, or limit orders for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity.
Order Confirmation: After placing an order, you will receive an email confirmation with order details. This confirmation does not constitute acceptance of your order. Order acceptance occurs when we ship your products or send shipping confirmation.
Cancellation Rights: You may cancel your order within 1 hour of placement by contacting us immediately. After this time, cancellation may not be possible if the order has already been processed or shipped.
6. Payment Terms
Payment Methods: We accept major credit cards, debit cards, and other payment methods as displayed during checkout. All payments are processed securely through third-party payment processors.
Payment Authorization: By providing payment information, you authorize us to charge your payment method for the total order amount, including product costs, taxes, and shipping fees. Payment must be received in full before products are shipped.
Failed Payments: If your payment is declined or fails to process, we will notify you and may cancel your order. We are not responsible for any fees your bank or payment provider may charge for declined transactions.
7. Shipping and Delivery
Shipping Policy: We ship to addresses within the United States. Shipping costs and estimated delivery times are provided during checkout and may vary based on destination and shipping method selected.
Delivery: We will make every reasonable effort to ship products within the timeframes specified. However, delivery times are estimates and not guarantees. We are not liable for delays caused by shipping carriers, weather, or other circumstances beyond our control.
Risk of Loss: Risk of loss and title for products pass to you upon delivery to the shipping carrier.
8. Returns and Refunds
Return Policy: We accept returns of unused, undamaged products in original packaging within 30 days of delivery. Custom or personalized items may not be eligible for return.
Return Process: To initiate a return, contact our customer service team at support@visionly.online. You will receive instructions for returning the product. Return shipping costs may be the customer's responsibility unless the return is due to our error.
Refunds: Refunds will be processed within 5-10 business days after we receive and inspect the returned product. Refunds will be issued to the original payment method. Shipping costs are generally non-refundable unless the return is due to our error.
9. Website Use and Prohibited Activities
Permitted Use: Our website is intended for lawful purposes only. You may browse, search, and make purchases in accordance with these terms.
Prohibited Activities: You may not:
- • Use our website for any unlawful purpose or in violation of applicable laws
- • Attempt to gain unauthorized access to our systems or networks
- • Interfere with or disrupt the website's operation or security
- • Use automated systems (bots, scrapers) to access our website
- • Transmit viruses, malware, or other harmful code
- • Impersonate another person or entity
- • Violate the intellectual property rights of others
10. Intellectual Property Rights
Our Content: All content on our website, including text, images, logos, graphics, designs, and software, is owned by Visionly or our licensors and is protected by copyright, trademark, and other intellectual property laws.
Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. You may not reproduce, distribute, modify, or create derivative works of our content without written permission.
Trademarks: "Visionly" and related marks are trademarks of our company. You may not use our trademarks without prior written consent.
11. User Accounts and Security
Account Creation: You may be required to create an account to access certain features or make purchases. You are responsible for maintaining the confidentiality of your account credentials.
Account Security: You are responsible for all activities that occur under your account. Notify us immediately of any unauthorized use of your account or any security breaches.
Account Termination: We reserve the right to suspend or terminate accounts that violate these terms or engage in suspicious or fraudulent activity.
12. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these terms by reference. By using our services, you consent to our data practices as described in the Privacy Policy.
13. Communications and Marketing
Transactional Communications: We will send you communications related to your orders, account, and customer service. These communications are necessary for our business relationship.
Marketing Communications: With your consent, we may send you promotional emails, newsletters, and other marketing materials. You can opt out at any time by following the unsubscribe instructions in our emails.
14. Disclaimers and Warranties
AS IS BASIS: Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.
NO WARRANTIES: We disclaim all warranties, including but not limited to:
- • Merchantability and fitness for a particular purpose
- • Non-infringement of third-party rights
- • Uninterrupted or error-free operation
- • Accuracy or completeness of content
PRODUCT WARRANTIES: Product warranties, if any, are provided by the manufacturer and are separate from these terms.
15. Limitation of Liability
MAXIMUM LIABILITY: To the fullest extent permitted by law, Visionly's total liability for any claims arising from these terms or your use of our services shall not exceed the amount you paid for the specific product or service giving rise to the claim.
EXCLUDED DAMAGES: In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- • Lost profits or revenues
- • Business interruption
- • Loss of data or information
- • Pain and suffering
- • Emotional distress
16. Indemnification
You agree to indemnify, defend, and hold harmless Visionly, its owners, employees, agents, and affiliates from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from your use of our services, violation of these terms, or infringement of any third-party rights.
17. Force Majeure
We shall not be liable for any failure or delay in performance under these terms which is due to fire, flood, earthquake, pandemic, governmental action, war, terrorism, or other causes beyond our reasonable control.
18. Governing Law and Dispute Resolution
Governing Law: These terms shall be governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to conflict of law principles.
Jurisdiction: Any disputes arising from these terms or your use of our services shall be subject to the exclusive jurisdiction of the courts in Maricopa County, Arizona.
Dispute Resolution: Before filing any legal action, you agree to first contact us to attempt to resolve the dispute informally. We are committed to working with customers to resolve issues amicably.
19. Modifications to Terms
We reserve the right to modify these Terms and Conditions at any time. We will provide notice of material changes by posting the updated terms on our website and updating the "Last Updated" date. Your continued use of our services after such modifications constitutes acceptance of the updated terms.
20. Severability and Waiver
Severability: If any provision of these terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.
Waiver: Our failure to enforce any provision of these terms shall not constitute a waiver of that provision or any other provision.
21. Entire Agreement
These Terms and Conditions, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Visionly regarding your use of our services and supersede all prior agreements and understandings.
22. International Users
Our services are intended for use within the United States. If you access our website from outside the United States, you do so at your own risk and are responsible for compliance with local laws. We make no representation that our services are appropriate or available for use outside the United States.
23. Customer Service and Support
For questions, concerns, or support related to these terms or our services, please contact us:
- • Email: support@visionly.online
- • Phone: (480) 483-5952
- • Address: 15075 N Hayden Rd, Scottsdale, Arizona 85260
- • Business Hours: Monday - Friday: 9:00 AM - 6:00 PM MST
We strive to respond to all inquiries within 24-48 hours during business days.
ACKNOWLEDGMENT: By using our website and services, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by all provisions contained herein.