Terms and Conditions
This Site is provided as a service to our customers. The following Terms & Conditions and any other rule posted on ÀCHEVAL Site (T&C) constitute the Agreement between Ananda Investments LLC (dba as "ÀCHEVAL") and you (“The Customer ”), so they govern the access and use of all content and functionalities available at ÀCHEVAL website, related domain names, related micro-sites and any other website accessed through the URL www.ÀCHEVAL.com (collectively the “Site”).
The use by The Customer of the Site constitutes his/her acceptance of this Agreement, and to follow and be bound by the T&C. ÀCHEVAL reserves the right to update or modify this agreement at any time without prior notice, and the continued use of this Site by The Customer following such change shall signify his/her agreement to be bound by the modified T&C. That is why we recommend The Customer to review the T&C whenever he/she uses any of the sites. If you do not agree to these terms, please do not use this Site. The Customer is responsible to check the T&S regularly for changes.
In order to enter into a legally binding Agreement, The Customer must have the capacity and legal ability to enter into that contract. Minors must be accompanied by their parents or guardians.
ÀCHEVAL does not intentionally collect personal information from children under 13. If ÁCHEVAL learns that has collected any personal information from a child under the age of 13 without verifiable parental consent, ÀCHEVAL will delete that information from its database as quickly as possible. If The Customer believes that ÀCHEVAL may have collected information from a child under 13, please contact us at support@ÀCHEVAL.com.
- REGISTRATION - ACCOUNT - PASSWORD
When The Customer creates an account, she/he must register an account password. The password must be distinctive and kept secure by The Customer. If there is a breach of security or misuse of The Customer’s account, she/he must immediately notify to ÀCHEVAL through the following email support@ÀCHEVAL.com. The confidentiality of The Customer’s account is her/his responsibility.
The Customer, as owner of the account, can contact the Customer Service of ÀCHEVAL for any assistance.
If The Customer forgets her/his password, follow the instructions on the Site – Sign in. Take into account that ÀCHEVAL cannot send passwords by email for security reasons.
ÀCHEVAL will not be held responsible or liable for any misuse of The Customer account in the event that a third party has access to and uses his/her password and account login in any way.
- QUALIFIED CUSTOMERS AND INFORMATION
The purchase of any Product through the ÀCHEVAL Site is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of Florida. In order to enter into a legally binding Agreement, The Customer must have the capacity and legal ability to enter into this Agreement.
The information that ÀCHEVAL Site will require in order to make purchases is the following:
- Real full name,
- Phone contact number,
- E-mail address,
- Valid payment details that The Customer represents and warrants,
- Valid credit/debit card by a bank acceptable to ÀCHEVAL, and which have authorized ÀCHEVAL to process a charge or charges on their credit/debit card in the amount of the total purchase price including taxes, transport and any other authorized fee,
- Billing information,
- Other specific information.
ÀCHEVAL reserves the right to refuse any placed order and may, at its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit/debit card, and/or orders that use the same billing and/or shipping address. In this event, ÀCHEVAL will attempt to notify The Customer by contacting the e-mail and/or billing address/phone number provided at the time the order was made. ÀCHEVAL reserves the right to limit or prohibit orders that, in at its sole discretion, appear to be placed by dealers, resellers or distributors.
The Customer expressly authorize ÀCHEVAL or its third party to perform credit checks and to transmit or to obtain credit card information or credit report information to or from third parties solely to authenticate The Customer’s identity, to validate The Customer’s credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.
Furthermore, The Customer agrees that ÀCHEVAL may use Personal Information provided by her/him in order to conduct appropriate security and anti-fraud checks. Personal Information that The Customer provides may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Even ÀCHEVAL offers products for sale that are in stock and available for dispatch from its distribution center, all orders are subject to acceptance and availability verification.
The Products in The Customer shopping basket will remain reserved for the time shown there, after this term, they will be not longer reserved and may be offered to other customers.
Advance Purchases may be available for certain Products from time to time, so The Customer will have the possibility of making Advance Payment and receive her/his purchased item in priority. This will happen once ÀCHEVAL e-commerce warehouse has received stock. ÀCHEVAL will only deliver priority stock for orders scheduled. However, regarding Advance Purchases or any other purchase at ÀCHEVAL, all Customers rights are the same.
As an alternative, The Customer may only choose to receive the notification of the selected Products arrival through email.
Due to production matters or quality verification issues by the time the order is received into stock, ÀCHEVAL may be unable to deliver some specific Advance Payment Products. In case it occurs, ÀCHEVAL will notify The Customer by email and will proceed to refund the Advance Payment to her/his registered credit/debit card within thirty days of being advised of the ordered product unavailability.
If The Customer has registered an email for notification of the arrival of a specific Product on ÀCHEVAL’s site, ÀCHEVAL will attempt to notify The Customer through this channel within 48 hours of the specific Product becoming available to purchase. Please be aware that certain ÀCHEVAL products may be sold out during this period due to high demand.
ÀCHEVAL will store a record of your transactions for a minimum of one year.
- PRICING POLICY
The prices displayed on the Site are quoted in U.S. Dollars and don´t include taxes. If you are shipping within the USA, local sales tax will be charged on all orders (where applicable).
The Customer is responsible for paying any governmental taxes related to the use of the Site or the purchase of any product or service through the Site, including sales, use, and excise taxes (excluding only taxes on ÀCHEVAL’s net income).
The applicable tax will be added to the Customer’s billing account insofar as ÀCHEVAL is obligated to collect such taxes.
Prices are subject to change.
The price applicable to The Customer order will be the current price at the time The Customer´s order is accepted.
Due that all ÀCHEVAL prices are in US Dollars, if The Customer uses a debit/credit card nominated in a different currency, the price will be calculated with the applicable exchange rate on the day of the transaction.
ÀCHEVAL may commit involuntary errors or mistakes in the pricing of products. If any mistake occurs in The Customer’s order, ÀCHEVAL will let him/her know as soon as possible, without any obligation to fulfill an order with such mistake. In this case, The Customer can choose between the payment with the right price or to cancel the order. In the last event, ÀCHEVAL shall refund the full amount as soon as possible.
- PRICE ALIGNMENT
When Sales period arrives, ÀCHEVAL offers Sale Price Alignment on products purchased up to 7 days previous to the commencement date of a sale. However, it is essential to note that the exact size and/or style of any product must be available for purchase insofar as the Customer request is made before any adjustment in the sale price.
All Sale Price Alignment will be credited to The Customer as store credit which will have a expiry date of 12 months.
Regarding Price Alignment, once a product has been purchased in sale or at any discounted price, no price alignment will be applicable if the product price is further marked-down.
- ORDER CONFIRMATION – ORDER ACCEPTANCE
The Customer’s order will be confirmed, once The Customer has made his/her choice and his/her order has been placed, through an email.
The Customer’s order will be accepted upon completion of the packing, so The Customer will receive an email containing his/her tracking number and confirming that The Customer’s order has been dispatched.
The sale contract is therefore concluded in the State of Florida, USA, and the language of the contract is English. Only ÀCHEVAL has the authority to accept an order on its behalf.
ÀCHEVAL reserves the right not to accept The Customer’s order at its sole discretion, and/or to process a transaction for any reason or refuse service to anyone at any time, without any liability.
ÀCHEVAL may use a third-party payment processor to process credit/debit card transactions made through the Site.
ÀCHEVAL will clearly advertised payment methods on the site and reserve the right to up-date them from time to time. In each case The Customer must follow the steps shown in the site. Only when the transaction is confirmed the transaction will be complete.
If a Product is no longer available and The Customer paid for it, ÀCHEVAL will let her/him know as soon as possible, and ÀCHEVAL will not charge any amount for the Product nor of any tax, shipping or handling cost to the Customer credit/debit card.
Once you register as an ÀCHEVAL user, we will securely store your credit/debit card details.
ÀCHEVAL efforts on making the Site secure establishing that all credit/debit card transactions are processed through Shopify Paymentech, a secure online payment getaway that encrypts all cards details in a secure host environment and allows to process transactions that only The Customer, as card holder, can initiate. In addition, ÀCHEVAL’s Site uses Secure Socket Layer (SSL) technology to make all The Customer shopping experiences safer and easier.
ÀCHEVAL will keep the orders and payment details secure, but will not be responsible for any loss that The Customer may suffer if an unauthorized third party procures access to the data that The Customer provide to the Site.
ÀCHEVAL will maintain certain data that The Customer transmits to the Site for the purpose of managing the performance of the Site, as well as data relating to The Customer´s use of the Site. Although ÀCHEVAL performs regular routine backups of data, The Customer is solely responsible for all data that he/she transmits or that relates to any activity he/she has undertaken using the Site. The Customer agrees that ÀCHEVAL shall have no liability to The Customer for any loss or corruption of any data, and The Customer hereby waives any right of action against ÀCHEVAL arising from any such loss or corruption of such data.
- PROMOTIONAL CODES AND COUPONS
Promotional codes, coupons and special offers from ÀCHEVAL are untransferable, cannot be exchange for cash and they are not cumulative. If provided, promotional codes must be redeemed by the date established.
- INSURANCE AND DELIVERY
The Customer will own the products when ÀCHEVAL delivers the product to The Customer. All purchases during the time it is in transit until it is delivered to The Customer registered delivery address is ÀCHEVAL responsibility.
The signature to verify that the products were delivered, and responsibility was passed to the recipient is understood that it is waived for orders dispatched via the choose transport by ÀCHEVAL within the United States. The Customer agrees with ÀCHEVAL T&C, authorizing ÀCHEVAL to leave The Customer purchased Products outside the premises at the provided shipping address with no need of a signature for proof of delivery. Note that once The Customer agrees to this T&C, he/she releases ÀCHEVAL from accountability for any damage or loss that may occur from leaving his/her order paper without a signature.
ÀCHEVAL seeks to dispatch all orders within 24 to 48 business hours during business days, but delivery times on the Site are estimates and commence from the date of dispatch. In any event, your purchase will be delivered within 30 days of the day on which The Customer’s order has been accepted.
ÀCHEVAL is not liable for any delay caused by an even out of it control but will let know The Customer and do its best effort to reduce the delay.
If delivery is delayed by any event outside of ÀCHEVAL’s control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. If the delay exceeds The Customer’s convenience, he/she can contact ÀCHEVAL to cancel his/her order and ÀCHEVAL will refund.
- 10.REFUNDS AND EXCHANGES
The Customer can request the exchange by sending the unwanted products back to ÀCHEVAL within 15 days for an exchange on the same item in a different size, subject to the stock availability, without shipping cost. The Customer can find more details on ÀCHEVAL´s Exchange policy.
ÀCHEVAL allows exchanges only for a different size, so if The Customer would like an exchange for another product, the procedure must be first a refund, and then The Customer can purchase the new item.
The Customer can request the refund of the products by sending the unwanted products back to ÀCHEVAL within 15 days for a refund of the value of the product only. For more information about ÀCHEVAL’s Returns policy please visit the follow link Refund. All refunds are in ÀCHEVAL’s sole discretion.
To make the online shopping experience better and easier, ÀCHEVAL offers a flexible refund policy. We supervise the number of refunds made by The Customer(s) and flag the procedure of continued refunds, which at ÀCHEVAL’s discretion, lead to future orders being refused and/or the closure of any Customer ÀCHEVAL´s account.
The Customer only can accept returns for ÀCHEVAL´s products purchase in the Site. If by mistake The Customer send other products, ÀCHEVAL will let her/him know, to arrange their return no later that 30 days after the notification. If The Customer does not instruct ÀCHEVAL, it can dispose of the products.
The conditions for Refund are:
- Products must be unused, in perfect conditions and clean with all ÀCHEVAL garment tags attached.
- In addition, bikini bottoms, swimming costumes and briefs should be tried on over underwear with protective adhesive strip still on.
- Belts and any packaging such as leather tags, dust bags, bags, boxes and authenticity cards should be included for the return to be accepted. If you receive any of your purchases without ÀCHEVAL tags, do not hesitate on emailing support@ÀCHEVAL.com to notify the issue.
- An ÀCHEVAL product cannot be considered flawed if it is damaged or impaired as a result of normal wear, misuse or tear by accident. ÀCHEVAL products are classified as flawed if they do not fully respond to our quality standards.
- All returns should be requested to ÀCHEVAL before The Customer send his/her products back to our premises for easy identification and effective processing.
- If you notice your product is flawed as soon as you receive it, you can return it for a refund within 5 days from the date you received it. If you passed this term, please contact ÀCHEVAL Customer support support@ÀCHEVAL.com to explain your specific case.
- Any request of Refund made by The Customer with the non-compliance of this conditions will not be accepted and will be returned to The Customer without the possibility of a Refund.
ÀCHEVAL displays the more accurate possible the products, including colors, on the site, but cannot be responsible for the display on each The Customer´s screen.
ÀCHEVAL products in promotion and special offers cannot be refunded or exchanged.
ÀCHEVAL owns or licenses all copyright, designs, images, illustrations, trademarks and/or any other intellectual property rights shown in the Content of the Site, so they all shall remain at all times vested in ÀCHEVAL and/or are the property of their respective owners.
All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. The Customer agrees not to remove or alter any copyright notice or any other proprietary notice on any Site Content. As between The Customer and ÀCHEVAL, all names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to ÀCHEVAL or its affiliates, licensors, or suppliers. The use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
The Customer uses the Site at his/her own risk for the function of the site. Also, The Customer uses of ÀCHEVAL’s content is at his/her own risk.
Without notice, at any time and for any reason, ÀCHEVAL can, at its own discretion and criteria, withdraw, modify, add, or any other action regarding the content from its Site, and for any reason. These actions do not generate any liability regarding The Customer.
The Customer is responsible for all the activity on the site.
ÀCHEVAL reserves the right to deny the access to this Site, at its own discretion, at any time, without notice.
This site is for the personal non-commercial, non-exclusive, untransferable and limited personal use only of The Customer, any other use is expressly not authorized and will be under The Customer own responsibility. Any other use is forbidden, especially any regarding unauthorized access to ÀCHEVAL´s computer system or use of any aspect of the Site.
Some features of ÀCHEVAL’s site may allow The Customer to provide comments, viewing and information that may be used by other The Customers in order to contribute feedback. By posting any comment, it is established that The Customer has a full legal right to provide comments and that ÀCHEVAL can use these comments and all other persons or entities on the Site will not (a) be considered infringing any intellectual property rights of any person or entity; (b) be infringing any rights of publicity, privacy or personality of any person or entity, even if it is a result of The Customer failures to obtain consent to post personal identification information or private information about a person; (c) violating any law, act, enactment, ordinance, edict, decree, regulation and will not be reveling any confidential information from any third party.
Once The Customer submits his/her comments or any other information to ÀCHEVAL Site, The Customer grants ÀCHEVAL an irrevocable, untransferable, perpetual, worldwide license to reproduce, base on and/or modify these comments without any kind of compensation.
ÀCHEVAL will not be obliged to respond to any comments, compensate The Customer in any way for his/her comments nor maintain any comments in confidence.
- 12.THIRD PARTY
ÀCHEVAL Site may include links to other resources and/or websites operated by third parties, advertisers included. ÀCHEVAL is not responsible for the accuracy, content or availability of any off-site pages or external resources and is not responsible or liable, directly or indirectly for the practices, privacy management or content of such websites, including (but not limited to) any kind of advertising, products or services from such external resources. Equally, any damage, offense or loss caused by, or related to the use or reliance on any content, services or products from external resources, will not be the responsibility of ÀCHEVAL in any case.
Even though ÀCHEVAL puts all its efforts to verify the accuracy of the information placed on its Site, it makes no express or implied warranties of total accuracy.
The Customer AGREES THAT HIS/HER USE OF THE SITE SERVICES WILL BE AT HIS/HER SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ÀCHEVAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND The Customer USES THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ÀCHEVAL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ÀCHEVAL WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM The Customer ACCESSES TO AND USES OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF ÀCHEVAL´S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE BY ANY THIRD PARTY, AND ANY ERRORS OR OMISSION IN ANY CONTENT AND MATERIAL OF FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE.
- 14.LIMITATIONS OF LIABILITY
In no event will ÀCHCEVAL or its directors, employees, or agents be liable to The Customer or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from The Customer uses of the site, even if ÀCHEVAL has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, ÀCHEVAL liability to The Customer for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by The Customer to ÀCHEVAL during the three month period prior to any cause of action arising. Certain state laws do not allow limitations on implied warranties or the exclusion of limitation of certain damages. If these laws apply to The Customer, some or all of the above disclaimers or limitations may not apply to The Customer.
- 15.GOVERNING LAW
These Terms & Conditions and The Customer uses of the Site and the Marketplace Offerings shall be governed by and construed in accordance with the laws of the State of Florida.
At ÀCHEVAL`s request, The Customer agrees to fully defend, indemnify and hold harmless ÀCHEVAL, immediately at ÀCHEVAL demand, throug its officers, directors, agents, affiliates, licensors, and suppliers, from and against all possible liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the T&C by The Customer or any other liabilities arising out of his/her uses of this Site, or the use by any other persons accessing this Site using her/his Internet account. ÀCHEVAL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by The Customer hereafter. This defense and indemnification obligation will survive these T&C and The Customer use of the Site and the Service.
- 17.DIGITAL MILLENIUM COPYRIGHT ACT – DMCA
ÀCHEVAL is required by the DMCA to respond to takedown notices and remove any content created and posted on the Site and that do not own the rights to.
If the content post through ÀCHEVAL Site is copyright infringement and a takedown notice from the copyright owner (author – owner of copyright content), is received, ÀCHEVAL will respond to the take down if it meets the dmca requirements:
- Electronic or physical signature of the copyrighted work owner (or authorized person)
- A description of the copyrighted work, including the URL where this infringing content is available or a copy of it
- Contact details: email address, telephone and address
- A statement in “good faith belief” that the work is not authorized by the copyright owner
- A statement by the author, person who sends the takedown notice, that the information sent in the notice (above information) is accurate and that you are either the copyright owner or you are authorized to act on copyright owner’s behalf
ÀCHEVAL will respond to takedown notices and remove any infringing content if that content is copyright infringement, if it meets the requirements explained.
- 18.DISPUTE RESOLUTION
The Customer and ÀCHEVAL agree that in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of these T&C or any part of it, the party asserting the Dispute shall first try in good faith to settle such dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the dispute and allowing the receiving party 30 days in which to respond to or settle the dispute.
Notice shall be sent to ÀCHEVAL at: 9590 NW 40th street RD Doral Florida 33178 United States
Notice shall be sent to The Customer at: last-used billing address or the billing and/or shipping address in The Customer online profile.
The Customer and ÀCHEVAL agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
Any controversy or claim arising out of or relating to these T&C, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Arbitration shall take place in Miami, Florida, unless ÀCHEVAL elects otherwise.The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida. The arbitrator shall not be bound by rulings in prior arbitrations involving different ÀCHEVAL users, but is bound by rulings in prior arbitrations involving the same ÀCHEVAL user to the extent required by applicable law.
The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The Customer can elect to renounce to arbitrate by mailing ÀCHEVAL a written withdraw notice that must be postmarked no later than twenty days after the date The Customer accepts these T&C for the first time, at the follow address: 9590 NW 40th street RD Doral Florida 33178 United States. The notice must include the following information: name, address (including street number and address, city, state, and zip code), phone number, and the email address used to log in to the ÀCHEVAL account to which the renouncement applies. The Notice must be sign for it to be effective. The rest of the T&C will continue to apply.
- CALIFORNIA USERS AND RESIDENTS
In any case if any complaint is not satisfactorily resolved, The Consumer can contact the Customer Service Department in writing at support@ÀCHEVAL.com
These T&C and any policies or operating rules, including the Private Policy, posted by ÀCHEVAL on the Site or in respect to the Site constitute the entire agreement and understanding between ÀCHEVAL and The Customer.
ÀCHEVAL´s failure to exercise or enforce any right or provision of these T&C shall not operate as a waiver of such right or provision. These T&C operate to the fullest extent permissible by law. ÀCHEVAL may assign any or all of its rights and obligations to others at any time. ÀCHEVAL shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond its reasonable control.
If any provision or part of a provision of these T&C is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these T&C and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between The Customer and ÀCHEVAL as a result of these T&C or use of the Site.
The Customer agrees that these T&C will not be construed against ÀCHEVAL by virtue of having drafted them.
The Customer understands and accepts that ÀCHEVAL grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. In any case, it is ÀCHEVAL´s discretion the right to revoke these exceptions.