Terms & Conditions

SALE OF EVENING DRESSES T&C

Dear Client

By clicking on the necessary tick box, situated on the Check Out Page, replying via email/WhatsApp, purchasing an evening gown/dress on our website, Instagram page or directly from our store, the Customer will be bound by these Terms and Conditions and is Livia & Co. entitled to rely on the fact that the Customer agrees to purchase an evening gown/dress from Livia & Co. subject to the Terms and Conditions as set out herein.

1. DEFINITIONS

In these Terms and Conditions, unless expressly stated otherwise, or the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them below and cognate expressions bear corresponding meanings -

1.1. “Customer” means any person or entity who purchase clothing from Livia & Co. via the website or in-store subject to these Terms and Conditions;

1.2. “Livia & Co.” means Glam Closet SA (Pty) Ltd t/a Livia & Co., registration number 2022/475558/07, being a company with limited liability duly registered and incorporated in terms of the laws of South Africa, which has its registered office situated at Unit 14, Fairview Office Park, 1st Street, George, 6529 and owner of the website;

1.3. “Terms and Conditions” means the Terms and Conditions contained herein which regulates the relationship between Livia & Co. and the Customer.

1.4. “Website” means the website and/or the Instagram page of Livia & Co. from time to time.

2. PAYMENT OPTIONS ACCEPTED

2.1. Card payments, as well as EFT payments will be accepted as permitted and facilitated by Livia & Co. Bank account details will be provided upon request;

2.2. By accepting these Terms and Conditions the Customer acknowledges that he/she/they authorized Livia & Co. to charge the selected payment method according to the Terms and Conditions outlined herein.

2.3. By accepting these Terms and Conditions the Customer certifies that he/she/they are authorized to use the card/account for payment of the transaction.

2.4. By accepting these Terms and Conditions the Customer agrees not to dispute the payment with the Customer’s provider upon Livia & Co. fulfilling its responsibilities in providing the purchased evening gown/dress.

2.5. By accepting these Terms and Conditions the Customer authorizes Livia & Co. to charge the Customers supplied payment method, as used for the purchasing of the evening gown/dress, for any additional fees such as Administrative or alteration fees.

2.6. If payment is made by bank transfer to Livia & Co’s bank account, Livia & Co. may ask the Customer to pay a deposit to be held on file to cover any additional fees such as Administrative or alteration fees.

3. CARD ACQUIRING, SECURITY AND CUSTOMER DETAILS

3.1. Card Transactions will be acquired for Livia & Co. via Payfast (Pty) Ltd or any substitute platform as may be elected by Livia & Co. Payfast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no card details are stored on the website. Users may go to https://www.payfast.co.za/ to view their security certificate and security policy.

3.2. Customer details will be stored separately, by Livia & Co., from the card details entered by the Customer on DPO Payfast’s Secure site. For more information on DPO Payfast please visit https://www.payfast.co.za/

3.3. The Merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

4. PRE-SHIPPING INSPECTION

4.1. Livia & Co. follows a strict pre-shipping inspection process that ensures that every item, including fabric, seams, zipper, beads, rhinestones, defects, size, colour and quantity is accurate and according to the order form.

4.2. Livia & Co’s inspection team takes pride in what they do and wants the Customer to feel reassured when ordering from Livia & Co.

5. DELIVERY:

5.1. Livia & Co undertakes to use all reasonable endeavours to ensure timely delivery of the clients’ order(s) by the manufacturers of the product(s). Should unplanned delays be encountered, Livia & Co may make reasonable efforts to rectify the situation.

5.2. Livia & Co will however not be held accountable for delays occasioned by: transit problems; accidents; strikes and/or other unavoidable occurrences.

5.3. The costs of delivery shall be borne by the client and if not included in the quoted price, such costs shall be invoiced separately.

5.4. It is the Customer’s responsibility to be available at the delivery address and date provided by the Customer when the Customer placed the order.

5.5. A specific time for delivery by the courier, on the delivery date provided, cannot be confirmed by Livia & Co.

6. RISK AND OWNERSHIP:

6.1. Any risk of damage and/or loss during delivery or postage of the product shall be borne by the client once the product is dispatched to the client, and Livia & Co shall assume no liability whatsoever.

6.2. Ownership of the product shall only pass to the client once Livia & Co has received the full sum of the purchase price.

7. RETURNS AND CANCELLATIONS:

7.1. No returns of any purchase price will be considered or done, unless:

The product (as in the condition in which delivered to the client) is unsuitable for use due to damage or poor quality and
Such damage or deficiencies are reported to Livia & Co within five (5) working days of receipt of the product by the client and
Livia & Co has first been granted the opportunity to remedy the situation by replacing it with an identical product, or similar product (if agreed to by the client) and
The faulty product is returned to Livia & Co with all original tags intact and attached to the product and
No form of alteration or adjustments have been made to the product
All return shipping costs will be payable by the Customer.

7.2. If, for any reason whatsoever, the client changes her choice in gown/dress after the first order has been placed, then the client will be held liable for the full purchase price of the gown/dress.

8. SIZING AND MEASUREMENTS:

8.1. Dresses are made to standard size.

8.2. Standard size items will not be altered by manufacturers and the client is responsible for ensuring that applicable sizing charts are viewed and sizes are carefully selected.

8.3. Livia & Co will not be responsible for the selection of incorrect sizes by the client and incorrect sizes cannot be returned to the manufacturer(s).

8.4. Whenever the providing of measurements by the client is applicable, the client is required to ensure that the measurements are taken with accuracy. Livia & Co will not bear responsibility for orders placed based on incorrect measurements and any consequences arising from it will be borne by the client.

9. FORCE MAJEURE

9.1. The term "Force Majeure" means an event occurring prior and/or during the rental Period that is beyond the reasonable control, directly or indirectly, of the affected Party, but only if, and to the extent: (i) such event, despite the exercise of reasonable diligence and efforts, cannot be prevented, avoided or removed by the affected Party; (ii) such event materially adversely affects the ability of the affected Party to fulfil its obligations under this Agreement; and (iii) such event is not the result of any failure of the affected Party to comply with any of its obligations under this Agreement or any negligence of the affected Party.

9.2. Force Majeure shall include, but is not limited to, any act of war, rebellion, and sabotage or damage resulting there from, riots, flood, fire, acts and/or orders of government, pandemic epidemic, national and/or industry-specific industrial action which includes, inter alia, strikes, lockouts, picketing, stay-aways, etc.) and lightning, provided that all events asserted as Force Majeure meet the requirements set out in this clause.

9.3. If, because of Force Majeure, either Party fails to perform any of its obligations under these Terms and Conditions and if such Party shall promptly give to the other Party written notice of such Force Majeure, then the obligation of the Party giving such notice ("Claiming Party") shall be suspended to the extent made necessary by such Force Majeure and during its continuance; provided, however, that the Claiming Party shall use good faith efforts to eliminate such Force Majeure, insofar as reasonably possible, with a minimum of delay.

9.4. Once the Force Majeure event terminates, either Party shall promptly give to the other Party written notice of such termination of the Force Majeure event, whereupon to the extent that any performance of any obligation in terms of this Agreement was prevented due such a Force Majeure event, such obligation shall be performed within, but no later than, 7 (seven) days after the date on which such written notice regarding the termination of the Force Majeure event was received by the other Party.

10. GENERAL:

10.1. Livia & Co. does not give any warranty (express or implied) or make any representation in relation to the clothing or the operation of the Website to any Customer. The Customer acknowledges the fact and agrees that the clothing may look different in reality than it does on the Website due to various reasons.

10.2. Livia & Co. may in its sole discretion, amend any of the Terms and Conditions, without notice to the Customer;

10.3. Livia & Co. will give at least five (5) days’ notice of any material amendments to the Terms and Conditions, but retain the right to make minor administrative amendments to the Terms and Conditions at any time without having to notify the Customer;

10.4. Should a Customer not be satisfied with any amendments made to the Terms and Conditions, the Customer may discontinue the use of Livia & Co.’s services;

10.5. Should a Customer make use of the Website after the amended Terms and Conditions have been displayed, it will be deemed that the Customer has accepted such changes;

10.6. The Terms and Conditions and all obligations connected to it or arising from it shall be governed by and interpreted in accordance with the laws of the Republic of South Africa and the parties hereby submit to the exclusive jurisdiction of the courts thereof.

10.7. Livia & Co’s. failure to insist upon or enforce performance of any provision of the Terms and Conditions, by the Customer or to exercise any right under these Terms and Conditions, shall not be deemed as a waiver of Livia & Co’s rights to enforce any such provision or right in any other instance under the Terms and Conditions.

10.8. If any provision of the Terms and Conditions is invalid, illegal or unenforceable under any law, the provision will be limited, narrowed, construed or altered as necessary to render it valid, but only to the extent necessary to achieve such validity.

If necessary, the invalid provision will be deleted from the Agreement and the remaining provisions will remain in full force and effect.

EVENING DRESSES RENTAL T&C

The Terms and Conditions below apply to the Customer upon renting any item through Livia & Co.

By clicking on the necessary tick box, situated on the Check Out Page, replying via email/WhatsApp, renting any clothing on our website, Instagram page or directly from our store, the Customer will be bound by these Terms and Conditions and is Livia & Co. entitled to rely on the fact that the Customer agrees to rent clothing from Livia & Co. subject to the Terms and Conditions as set out herein.

1. DEFINITIONS

1.1. “Administration Fees” means the amount Livia & Co. charge the Customer in the event of Late Fees or Replacement Fees payable or if the Customer cancels its Clothing Rental or if the Customer returns the Clothing or exchanges the Clothing that does not fit;

1.2. “Clothing” means any dresses, clothing garments and other accessories available to rent from Livia & Co. and if the context so requires “Clothing” will also mean the specific Clothing item which the Customer have rented from Livia & Co.;

1.3. “Customer” means any person or entity who rents clothing from Livia & Co. via the website or in-store subject to these Terms and Conditions;

1.4. “Rent”, “Rental” or “Rented” means the rental of Clothing from Livia & Co.;

1.5. “Rental cost" means the amount payable by the Customer, as indicated on the Website or as otherwise agreed with Livia & Co. in writing, for the rental of Clothing;

1.6. “Rental period”means the initial period for which the Customer rents the clothing, as indicated on the Website or as otherwise agreed with Livia & Co. in writing;

1.7. “Late fees” means the amount payable by the Customer for the return of the clothing after the rental period has expired, being an amount equal to the Rental Cost for the rent period, alternatively charged pro-rata for a four-day rental period, whichever is the longest;

1.8. “Livia & Co.”means Glam Closet SA (Pty) Ltd t/a Livia & Co., registration number 2022/475558/07, being a company with limited liability duly registered and incorporated in terms of the laws of South Africa, which has its registered office situated at Unit 14, Fairview Office Park, 1st Street, George, 6529 and owner of the website;

1.9. “Replacement fees”means the amount equal to the retail replacement value of the Clothing which has not been returned, damaged or altered in any way, as is determined by Livia & Co. in its sole and absolute discretion, acting reasonably;

1.10. “Terms and Conditions”means the Terms and Conditions contained herein which regulates the relationship between Livia & Co. and the Customer.

1.11. “Website”means the website and/or the Instagram page of Livia & Co. from time to time.

2. PAYMENT OPTIONS ACCEPTED

2.1. Card payments, as well as EFT payments will be accepted as permitted and facilitated by Livia & Co. Bank account details will be provided upon request;

2.3. By accepting these Terms and Conditions the Customer certifies that he/she/they are authorized to use the card/account for payment of the transaction;

2.5. By accepting these Terms and Conditions the Customer authorizes Livia & Co. to charge the Customers supplied payment method, as used for the rent or purchasing of clothing, for any additional fees such as Late, Replacement or Administrative fees.

2.6. If payment is made by bank transfer to Livia & Co’s bank account, Livia & Co. may ask the Customer to pay a deposit to be held on file to cover any possible Late Fees, Replacement or Administrative fees.

3. CARD ACQUIRING, SECURITY AND CUSTOMER DETAILS

3.3. The Merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

RENTING OF CLOTHING

4. USE, DAMAGE OF CLOTHING AND LATE RETURNS

4.1. The Customer agrees to:

4.1.1. treat the Clothing with the highest standard of care;>

4.1.2. not sub-hire the Clothing;

4.1.3. keep the Clothing under the personal possession and control of the Customer;

4.1.4. not alter in any way (temporarily or permanently) the Clothing without our prior written consent;

4.1.5. return the Clothing on the expiry of the Rental Period and in the same condition as when rented;

4.1.6. return the Clothing together with the Livia & Co. packaging which consists of a dress cover, clothes hanger and any other accessories that are the property of Livia & Co.

4.2 The Customer must inspect all clothing immediately upon receipt of thereof and record in writing to Livia & Co. if there is any damage, defect or wear and tear of whatsoever nature to the Clothing. Livia & Co. will take note of such damage, defect or wear and tear;

4.3 The Customer shall not be held liable for any wear and tear, damage or defect advised to Livia & Co. per paragraph 4.2 above, only if the clothing is returned in the same condition as when Rented;

4.4 Should the Customer fail to advise Livia & Co. of any damages as per paragraph 4.2 above, and there were no known damages to the Clothing upon shipment by Livia & Co., it may be assumed that the damage was caused by the Customer.

4.5 Livia & Co. shall have the right, to be exercised in their sole & absolute discretion, to charge the Customer the Replacement fees of any of the Clothing, should:

4.5.1 the Customer not return the rented clothing and/or accessories on the next working day, following the event date; or

4.5.2 the Clothing be damaged or altered in any way, whether due to the Customer’s fault or another’s, whilst the Clothing was in the possession of the Customer.

This is to ensure that all Clothing rented by Livia & Co. is fit for its purpose and ready for the next Rental event.

4.6 Whenever the retail value of Clothing garments needs to be determined for the purpose of the Terms and Conditions, Livia & Co. undertakes to act reasonably in making a determination to secure pricing for the same or similar Clothing garment.

4.7 Livia & Co. shall have the right, to be exercised in their sole & absolute discretion, to charge the Customer a Late Fee, in the event that the Customer does not return the Clothing upon the expiration of the rental Period;

4.8 Livia & Co. shall have the right, to be exercised in their sole & absolute discretion, to charge the Customer a reasonable Administrative Fee if any Replacement or Late fees are payable for Lost Clothing, late deliveries etc. of which this list is not exhaustive.

4.9 Any Replacement Fees, Late Fees or Administrative Fees payable by the Customer in terms of the Terms and Conditions are in addition to any rental Cost.

4.10 Should the Customer fail to return the Clothing to Livia & Co. after the rental period has ended and the Customer has paid all the Replacement Fees, Late Fees and/or Administrative Fees (as may be applicable), the Customer will then be considered the owner of the Clothing as this will constitute a ‘sale’ of the Clothing to the Customer which has been done on a voetstoots basis and Livia & Co. cannot make any warranty to the Customer in respect of such Clothing.

5. AVAILABILITY OF CLOTHING

5.1 Livia & Co. cannot make warranties or guarantees to the availability of the Clothing which is listed on the Website during the Customer’s desired rental Period;

5.2 Circumstances, which are out of Livia & Co.’s control, may arise (failure to return clothing by other customers or the return of damaged clothing), and Clothing may at short notice, no longer be available to rent by the Customer.

5.3 Livia & Co. endeavor to give the Customer as much notice as possible in the circumstances that Clothing is no longer available to rent, in order to provide the Customer with an opportunity to make alternative arrangements.

5.4 Livia & Co. will refund any Rental Costs already paid by the Customer should Livia & Co. not be able to fulfil an order for the rental of Clothing.

6. ORDERS AND PAYMENT FOR HIRING OF CLOTHING

6.1 The Rental Cost is the full amount payable by the Customer to rent the Clothing for the rental Period. If there are any additional costs payable by the Customer, this will be indicated by Livia & Co. to the Customer at the time of rent;

6.2 The full rental amount is payable to secure your rental booking;

6.3 The rental amount as referred to in 6.2 is non-refundable;

6.4 In order to rent clothing from Livia & Co. the Customer needs to provide Livia & Co. with all the necessary information on the Website or in-store;

6.5 When the Customer places an order to rent Clothing, the Customer authorizes Livia & Co. to charge the rental Cost to the Customer’s chosen bank card immediately;

6.6 After payment of the rental Cost has been received, Livia & Co. will email the Customer all the necessary information.

EXTENDING THE RENTAL PERIOD

7.1A customer may request an extension of the rental Period by e-mailing Livia & Co. as soon as possible and before the current rental Period ends;

7.2 Livia & Co. may extend the rental Period, subject to availability;

7.3 Livia & Co. reserves the right to refuse any extensions of the rental Period so requested;

7.4 Should the required extension be granted, Livia & Co. will send the customer an e-mail with the necessary details pertaining to the extended rental Period, including the new rental Cost.

8. PRE-SHIPPING INSPECTION

8.1 Livia & Co. follows a strict pre-shipping inspection process that ensures that every item, including fabric, seams, zipper, beads, rhinestones, defects, size, colour and quantity is accurate and according to the order form;

8.2 Livia & Co’s. inspection team takes pride in what they do and wants the Customer to feel reassured when ordering or renting from Livia & Co.

9. DELIVERY OF RENTED CLOTHING

9.1 It is the Customer’s responsibility to be available at the delivery address and date provided by the Customer when the Customer booked the rental. The rental Period will run upon the Delivery Date and Livia & Co. will be entitled to charge extra delivery fees should the Customer not be unavailable for the courier as agreed;

9.2 A specific time for delivery by the courier, on the delivery date provided, cannot be confirmed by Livia & Co.

9.3Livia & Co. will ensure that the rented clothing is ready to be worn upon delivery thereof to the Customer;

9.4 If due to the negligence or fault of Livia & Co. or that of the courier, the Clothing is not delivered to the Customer timeously, or the wrong Clothing is delivered to the Customer, or the Clothing is not fit for use, Livia & Co. will at the election of the Customer, either extend the rental Period, subject to any other orders for the Clothing by another customer, or refund to the Customer the portion of the rental Fee for the elapsed period, or refund the rental Fee and cancel the rental.

10. RETURNS & REFUNDS FOR RENTED CLOTHING

10.1 In the event that clothing does not fit the Customer, the Customer must notify Livia & Co. within four (4) hours of accepting delivery and either request another size of the clothing (subject to availability) or return the clothing;

10.2 Should the customer notify Livia & Co. within the prescribed four (4) hour period of a problem with the clothing and elect to return the clothing, the Customer shall be issued with a gift card to the value of the rental amount, minus dry cleaning and delivery fee;

10.3 Livia & Co. aims to provide as much information as possible regarding the fit of the items for rent on their website and are therefor entitled to charge the Customer the Administrative fee as per paragraph 1.1;

10.4 It is the Customer’s responsibility to be available at the delivery address and date, for the collection of the clothing at the end of the rental period. If the Customer fails to do so, Late Fees in accordance with the Terms and Conditions will be applicable.

10.5 The Customer will be held liable for Late Fees and Administrative fees in accordance with the Terms and Conditions should the Customer request another courier to the collect the rented Clothing, from the same location, after the rental period has lapsed;

10.6 The Customer may make prior alternative arrangements with Livia & Co. for the return of the clothing, which Livia & Co. may accept or reject at their sole and absolute discretion;

10.7 Livia & Co. will inspect the clothing for any damages or alterations upon receipt thereof;

10.8 Livia & Co. does not accept responsibility for any items left in the clothing when returned to Livia & Co.

11. CANCELLATION POLICY

11.1 Cancellation requests within 30 days from the date that the rental booking was confirmed and paid by the Customer, will grant the Customer with store credit for the full amount of the rental Cost to use at Livia & Co.

11.2 No store credit will be applied or granted if the rental booking is cancelled after 30 days from confirmation and payment thereof;

11.3 Should the Customer want to amend the date of the event after the initial booking of the rented clothing, Livia & Co. must be informed within 30 days from the date that the rental booking was confirmed and paid;

11.4 Amendments to the rental dates and granting of store credit are subject to availability and only allowed within 30 days from the date that the rental booking was confirmed and paid;

12. WARRANTIES AND REPRESENTATIONS

12.1. Livia & Co. does not give any warranty (express or implied), make any representation in relation to the clothing or the operation of the Website to any Customer. The Customer rents clothing entirely at his/her/their own risk and acknowledge the fact and agree that the clothing may look different in reality than it does on the Website due to various reasons;

12.2 The Customer acknowledges that the item(s), being rented to the Customer, are not brand new items;

12.3 The Customer, as the user of the rental services, warrant to and in favour of Livia & Co. that:

12.3.1 If the Customer is a minor, he/she/they confirm that they have the consent of a parent/guardian to enter into the agreement with Livia & Co.

12.3.2 The Customer has full legal capacity to agree and be bound by the Terms and Conditions of Livia & Co.

12.3.3 these Terms and Conditions constitute a valid legal contract, which is enforceable against the Customer.

12.4 Each of the warranties that the Customer gives is:

12.4.1 a separate warranty and will not be limited or restricted by inference from the terms of any other warranty or by any other words in these Terms and Conditions;

12.4.2 severable from the other warranties contained herein; and

12.4.3 deemed to be material.

13. FORCE MAJEURE

13.1. The term "Force Majeure" means an event occurring prior and/or during the rental Period that is beyond the reasonable control, directly or indirectly, of the affected Party, but only if, and to the extent: (i) such event, despite the exercise of reasonable diligence and efforts, cannot be prevented, avoided or removed by the affected Party; (ii) such event materially adversely affects the ability of the affected Party to fulfil its obligations under this Agreement; and (iii) such event is not the result of any failure of the affected Party to comply with any of its obligations under this Agreement or any negligence of the affected Party.

13.2. Force Majeure shall include, but is not limited to, any act of war, rebellion, and sabotage or damage resulting there from, riots, flood, fire, acts and/or orders of government, pandemic epidemic, national and/or industry-specific industrial action which includes, inter alia, strikes, lockouts, picketing, stay-aways, etc.) and lightning, provided that all events asserted as Force Majeure meet the requirements set out in this clause.

13.3. If, because of Force Majeure, either Party fails to perform any of its obligations under these Terms and Conditions and if such Party shall promptly give to the other Party written notice of such Force Majeure, then the obligation of the Party giving such notice ("Claiming Party") shall be suspended to the extent made necessary by such Force Majeure and during its continuance; provided, however, that the Claiming Party shall use good faith efforts to eliminate such Force Majeure, insofar as reasonably possible, with a minimum of delay.

13.4. Once the Force Majeure event terminates, either Party shall promptly give to the other Party written notice of such termination of the Force Majeure event, whereupon to the extent that any performance of any obligation in terms of this Agreement was prevented due such a Force Majeure event, such obligation shall be performed within, but no later than, 7 (seven) days after the date on which such written notice regarding the termination of the Force Majeure event was received by the other Party.

14. NOTICES AND DOMICILIUM

14.1 The Parties choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any formal notices provided for under the Terms and Conditions or resulting from the rental:

14.1.1 Livia & Co:

Unit 14, Fairview Office Park,

1st Street,

George,

6529

e-mail: info@liviaandco.co.za

14.1.2 The Customers physical and e-mail address provided to Livia & Co. at the time of booking the Rental of Clothing will be the Customer’s physical and e-mail address for the purpose of legal proceedings and for the purpose of giving or sending any formal notices.

14.2 The Customer may change his/her/their physical and e-mail address by providing Livia & Co. with three (3) days notice.

14.3 Livia & Co. may change its physical and e-mail address for notices by updating the Terms and Conditions.

15. MISCELLANEOUS

15.1. Livia & Co. may in its sole discretion, amend any of the Terms and Conditions, without notice to the Customer;

15.2. Livia & Co. will give at least five (5) days’ notice of any material amendments to the Terms and Conditions, but retain the right to make minor administrative amendments to the Terms and Conditions at any time without having to notify the Customer;

15.3 Should a Customer not be satisfied with any amendments made to the Terms and Conditions, the Customer may discontinue the use of Livia & Co.’s services;;

15.4 Should a Customer make use of the Website after the amended Terms and Conditions have been displayed, it will be deemed that the Customer has accepted such changes;

15.5 The Terms and Conditions are applicable for the duration of the Customer’s rental booking (including any automatic extensions of the rental Period due to the Clothing being returned late) and during any period thereafter including during any unsettled disputes in relation to the Customer’s rent.

15.6 The Terms and Conditions and all obligations connected to it or arising from it shall be governed by and interpreted in accordance with the laws of the Republic of South Africa and the parties hereby submit to the exclusive jurisdiction of the courts thereof.

15.7 At all times the Clothing shall and will remain the property of Livia & Co. and Livia & Co. reserves the right to retrieve the clothing at any time.

15.8 This Agreement constitutes the whole Agreement between the Parties as to the subject matter hereof and no Agreements, representations, or warranties between the Parties regarding the subject matter hereof other than those set out herein, shall be of any force or effect between the Parties. This Agreement supersedes all prior agreements, oral or written, between the parties and is intended as a complete and exclusive statement of the agreement between the parties. No changes may be made to this agreement unless the change is done in writing.

15.9 Livia & Co’s. failure to insist upon or enforce performance of any provision of the Terms and Conditions, by the Customer or to exercise any right under these Terms and Conditions, shall not be deemed as a waiver of Livia & Co’s rights to enforce any such provision or right in any other instance under the Terms and Conditions.

15.10 Livia & Co. hereby reserves the right to transfer the rights and obligations under these Terms and Conditions to a third party, but the Customer is hereby prohibited from doing so without the written consent of Livia & Co.

15.11 If any provision of the Terms and Conditions is invalid, illegal or unenforceable under any law, the provision will be limited, narrowed, construed or altered as necessary to render it valid, but only to the extent necessary to achieve such validity.

If necessary, the invalid provision will be deleted from the Agreement and the remaining provisions will remain in full force and effect.