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Terms & Conditions

Check these Terms to ensure you understand the terms which will apply at that time.

These pages tell you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

These Terms together with our Via Pampa Returns and Exchange Policy constitute the contract between us for the sale of Products to you (Contract). Please read these Shipping and Returns policy carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.

We amend these Terms from time to time as set out in clause 9. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms, and the Contract between us, are only in the English language.

  1. INFORMATION ABOUT US

1.1 We operate the websites www.viapampausa.com. We are Velaii, a company registered in California, USA, an official distributor of Via Pampa.  Our main trading address is 11333 Moorpark st #384 North Hollywood 91602.

1.2 Contacting us if you are a consumer:

(a) To cancel a Contract in accordance with your legal right to do so as set out in our Shipping and Returns Policy If you are emailing us or writing to us please include details of your order to help us to identify it.

(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at info@viapampausa.com.

(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

  1. OUR PRODUCTS

The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colours of the Products. Your Products may vary slightly from those images.

  1. USE OF OUR SITE

3.1 We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

3.2 We do not guarantee that our site, or any content on it, will be free from errors or omissions.

3.3 Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

3.4 You are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

3.5 We may revise these terms of use at any time by amending this page. Please check this page from time to time and before any purchase to take notice of any changes we have made, as they are binding to you. 

  1. NO RELIANCE ON INFORMATION

4.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

4.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

 

  1. INTELLECTUAL PROPERTY

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials (“Contents”) that appear as part of the Site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Via Pampa and Velaii, Inc. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Via Pampa.

5.1 We are the owner or the licensee of all of the intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

5.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

5.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

5.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

5.5 You must not use any part of the content on our site for commercial purposes without obtaining consent to do so from us.

5.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

  1. LIMITATION OF LIABILITY

6.1 To the fullest extent permitted by law, in no event shall Via Pampa, its affiliates, employees, officers, representatives, or suppliers be responsible or liable under contract, tort, strict liability, negligence, or any other cause of action for personal injury; any direct, indirect, incidental, special, exemplary, punitive or other damages; or any other damages in excess of fees paid to Via Pampa for applicable products arising out of or related to a) your access to, use of, or reliance on any content provided through the site; b) any unauthorized access to or use of personal information provided to Via Pampa; or c) any malware, viruses, trojan horses or similar malicious program that may be transmitted to or through the site by any third party, regardless of origin, regardless of whether Via Pampa was advised of the possibility of such damages.

You agree to defend, indemnify and hold Via Pampa harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

6.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

6.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a) use of, or inability to use, our site; or

(b) use of or reliance on any content displayed on our site.

6.4 Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

6.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

6.6 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

  1. Compliance with laws

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding the use of the Site.  When you use our website, you must not: (1) violate any law, statute, ordinance or regulation; (2) subject our website to any virus, Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, corrupt or expropriate any system, data or personal information; (3) cause us or our affiliates to lose (in whole or in part) the services of our ISPs or other suppliers; (4) place an undue burden on the software and hardware used with our website, (5) directly or indirectly result in the transmission of spam, junk mail, or other unsolicited mass e-mails; (6) seek to obtain personally identifiable information from other users of our website; or (7) modify or alter any part of our website.  You agree that no comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.

  1. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

  1. Posted Content

We reserve the right, and you authorize us, to use all information regarding your use of the Site and all information provided by you, consistent with our Privacy Policy. By submitting material to us, you automatically grant, or warrant that the owner of such material has expressly granted to us, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the website to access, view, store, or reproduce the material for that user’s personal use. You grant Via Pampa the right to edit, copy, display, publish and distribute any materials made available on the Site by you. By submitting material to us, or making materials available on the Site, you irrevocably waive your, or warrant that the owner of such material has waived his or her, moral rights in the materials.

  1. Digital Millennium Copyright Act

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number, and email address;
  5. 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; and
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

  1. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

11.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

11.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 11.4.

11.3 Risk and title in the Products passes to you on delivery of the Products. If you return the Products, risk and title passes back to us on receipt of the Products.

11.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the dispatch confirmation.

11.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 10.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

  1. Users must be 16 and over

Any user of the Site represents to us that he or she has reached the legal age of majority in the state, province or territory in which they reside. If you are between ages 16 and the legal age of majority, and continue to use the Site, then your parent/legal guardian represents to us that he or she consents to this Agreement on your behalf, and that she or he consents to your use of the Site. A parent/legal guardian of a child between ages 16 and the legal age of majority is solely responsible for their child’s use of the Site, including all financial charges. We are not liable for any damages that may result from a user’s misrepresentation of age. No one under age 16 is authorized to submit or post any information, including personally identifying information, on the Site. Under no circumstances may anyone under age 16 use this Site, except to browse. Parents or legal guardians of children under 16 cannot agree to this Agreement on their behalf.

  1. OUR RIGHT TO VARY THESE TERMS

13.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

13.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

13.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances changes in relevant laws and regulatory requirements.

13.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

  1. Not responsible for errors,inaccuracies or omissions

From time to time there may be information on Via Pampa.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your Via Pampa purchase you may return it with your invoice to Via Pampa by mail.  For more information regarding our return policy, please see the HELP menu.

  1. Arbitration or legal claim

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Minneapolis, Minnesota, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Minneapolis, Minnesota necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.

  1. No professional advice

Any information supplied through the Site or by any of our employees or agents, whether by telephone, e-mail, letter or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. Health-related information provided through the Site is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician, optometrist or other healthcare professional. The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

  1. User Representation

By providing Via Pampa with your eyeglass prescription, you represent that it is current and has been prescribed by a licensed optometrist or ophthalmologist.  Your eyeglass prescription must be valid on the date of your order.  You are responsible for obtaining any necessary clarification or additional information necessary for installation of prescription lenses from your optometrist, ophthalmologist, or optician.  Via Pampa disclaims any and all liability related to any inaccuracies of the prescription lenses installed on your Via Pampa eyewear as a result of incomplete or inaccurate prescription information.  

  1. Disclaimer

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR MALWARE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT Via Pampa SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.

  1. Miscellaneous

To the extent that this Site contains links to outside services and resources, the availability and content of which Via Pampa does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

Unless otherwise specified and except to the extent Via Pampa’ products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Via Pampa products and services available in the United States and select foreign markets. This Site is controlled and operated by Via Pampa from its offices in .

This Agreement is effective unless and until terminated by either you or Via Pampa. You may terminate this Agreement at any time. Via Pampa also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if, in Via Pampa sole discretion, you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Via Pampa, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

Effective Date: Nov 21, 2020

PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Last updated: Nov 21, 2020

This Privacy Notice applies to Consumers residing in the State of California (hereinafter the “California Privacy Notice” or “Notice”), who are entitled to certain rights and protections with respect to their Personal Information under the California Consumer Privacy Act of 2018 (the “CCPA”).

 

The terms “personal information”, “business purpose”, “commercial purpose”, “sale” and “service provider” as used in this Notice have the meanings ascribed to them in the CCPA. Capitalized terms used but not defined in this Privacy Notice will have the meanings set out in the Via Pampa Privacy Policy (the “Privacy Policy”). If there is any conflict or inconsistency between the terms of this Notice and the Privacy Policy, the terms of this Notice will govern.

 

  1. CATEGORIES OF PERSONAL INFORMATION WE COLLECT FROM CALIFORNIA CONSUMERS

In the preceding 12 months, we have collected the following categories and types of personal information from California consumers, and intend to continue doing so subject to the requirements under the CCPA:

  • Identifiers, such as name, email addresses, and billing and shipping addresses for online purchases.
  • Customer characteristics, which includes the categories of personal information described in the California Customer Records statute (California Civil Code Section 1798.80), including physical characteristics, payment information and, for employment candidates, education and employment history, and characteristics of protected classifications under California law, such as gender and age (over 40).
  • Commercial information, including purchasing habits, such as the products you have ordered or considered (i.e., placed in your basket but never ultimately purchased), as well as your purchasing history.
  • Technical Identifies, such as internet and other similar network activity, such as browsing history and cookie history.
  • Geolocation data.
  • Audio and visual information, such as pictures you may have uploaded to our site and recorded customer services calls.
  • Inferences, which are drawn from the above information to create consumer profiles reflecting certain preferences and behaviors and customized content/offerings.

 

For more information about the types of personal information we collect, please see the “What Information do we collect?” section in our Privacy Policy.

 

  1. BUSINESS OR COMMERCIAL PURPOSE FOR COLLECTING, SHARING AND SELLING INFORMATION.

We collect and share your personal information for the following business and commercial purposes: to authenticate you when you use our Properties/Services, to provide customer support, to audit our products and services, to detect security incidents, to debug and fix errors associated with our Properties and Services, research, activities to maintain the quality of our Properties, Services and products and services, to encourage and enable purchases such as through our various promotions, to provide personalized marketing offers and programs, to enroll you in our newsletter subscription program, and other commercial transactions that occur from time to time.

We do not make your data publicly available, we do not act as data brokers and we do not trade in your data. However, certain standard generally accepted business practices may be deemed as “Sale” of data under the CCPA, such as when we utilize third party service providers that provide us with services, while they retain certain rights to use your data for their own business needs (e.g. Google Analytics, Facebook, fraud detection services, Taboola, etc.).

If you are a California customer, you have a right under the new definition of “sale”, to request to opt-out of certain data transfers and sharing of personal activities which we operate. Please refer to section 3 – “Your California Consumer Rights” below, for information on how you can exercise your rights.

 

For more details on how and to whom we share your data please refer to “TO WHOM WE SHARE PERSONAL INFORMATION,” “DIRECT MARKETING” and “COOKIE POLICY” in our Privacy Policy.

  1. YOUR CALIFORNIA CONSUMER RIGHTS.

California consumers have the right to request access to the specific pieces of personal information we have collected about them in the last 12 months. You may make this request up to two times in a 12-month period.

You may also request additional details about our information practices, including the categories of personal information we have collected about you, the categories of sources of such collection, the business or commercial purpose for collecting or selling personal information, the categories of third parties with whom we share and sell your personal information, the categories of personal information we have disclosed and “sold” about you in the preceding 12 months, and the categories of third parties to whom we sold personal information in the preceding 12 months.

If you are a California consumer, you also have the right to request deletion of your personal information (subject to certain exceptions), to opt out of sales of personal information and to receive equal service and price and not be discriminated against even if you exercise any of your CCPA rights (unless permitted by applicable law, such as if the differences are reasonably related to your information).

Our Website does not sell (as “sell” is traditionally defined) your personal information. That is, we don’t provide your name, phone number, address, email address or other personally identifiable information to third parties in exchange for money. However, under California Privacy Notice, sharing information for instance for advertising purposes may be considered a “sale” of “personal information.” If you’ve visited our digital properties within the past 12 months, under the CCPA personal information about you may have been “sold” to our advertising or other partners for their own use. California residents have the right to opt out of the “sale” of personal information, and we’ve made it easy for anyone to stop the information transfers that might be considered such a “sale” from our website or mobile app.

California consumers may make a rights request by submitting an online request. Your request must include sufficient information that allows us to reasonably verify you are the person about whom we collected personal information, which may include your email address, name and account id (which is required only if you already have an account with us). If you have an account with us, you can find your account id on your main account page after you log in.

Additionally, users may opt-out of the “sale” of information as described above, by contacting us at info@viapampausa.com.

Please note that by opting out of the sharing of your personal information considered as sale as defined by CCPA:

  • You may still see some tailored advertising that third parties may have previously collected unless you opt out of all interest based advertising (see our cookie policy)
  • We will still share your personal information with our service providers to provide the services on our websites and mobile apps
  • These settings may not persist if you clear your cookies, switch devices, or switch browsers. If you access our websites from other browsers or devices, you will also need to make this selection on each browser and device. If you delete or clear cookies, you’ll need to click the button again the next time you visit. If you delete or clear your cookies, that will delete our opt-out cookie and you will need to opt out again. If you have previously requested that we do not sell your personal information, your request remains in effect until you tell us otherwise.
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