Last updated: March 01, 2023
Introduction
Welcome to Chelsea And Violet® Shoes, Dresses, Boots, Clothing! These Terms and Conditions (“Terms”) govern your access to and use of our website, including any content, products, and services we offer (collectively, the “Services”).
Please read these Terms carefully before using our Services. By accessing or using our Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
We may modify these Terms at any time, and such changes will be effective immediately upon posting. Your continued use of our Services will mean you accept those changes. You should check these Terms periodically for updates.
Use of Our Services
You must be at least 18 years old or have parental consent to access our Services. If you are under 18 and have parental consent, we recommend parents supervise any purchases.
You agree to use our Services for legitimate purposes and obey all laws, regulations, and proper etiquette when using our Services. For example, you will not:
- Violate laws or promote illegal activity – Use our Services for any illegal purpose or in violation of laws or regulations.
- Engage in harmful activities – Use our Services to distribute viruses, malware, or other harmful code.
- Infringe intellectual property – Copy, distribute, modify or make derivative works of any text, images, videos, etc. from our Services without permission.
- Violate privacy – Collect or harvest any personal data, including account information, from our Services.
- Interfere with others’ use – Interfere with or disrupt our Services or servers, or restrict other users from using our Services.
- Resell our Services – Reproduce, duplicate, copy, sell, resell, or exploit our Services for any commercial purpose without our express written consent.
We reserve the right to suspend, ban, or terminate your access to our Services if you violate these Terms, applicable law, or engage in behavior we deem improper.
Purchasing Products
Eligibility
To purchase products from us, you must:
- Be at least 18 years old, or be purchasing under the supervision of a parent or legal guardian
- Have a valid payment method
- NOT be prohibited from receiving products under applicable laws
Product Description
We strive for accuracy in product descriptions, photographs, pricing, and other information on our Services. However, we do not warrant that such information is accurate, complete, reliable, current, or error-free. Minor variations may exist.
Prices
All prices are in USD unless otherwise stated. Prices are subject to change without notice. Price changes will not affect orders already placed.
Sales Tax
Applicable sales tax will be added to your order total based on your shipping destination and our tax nexus obligations.
Shipping & Delivery
We will ship your order to the address you provide us. Please ensure it is accurate and includes the ZIP/postal code.
Shipping costs will be calculated and displayed at checkout based on weight, dimensions, and destination. We may ship using USPS, FedEx, UPS, or other carriers.
Delivery timelines are estimates only and subject to change. We are not liable for any delays caused by the carrier.
Risk of Loss
Risk of loss for all physical products passes to you when we transfer the items to the carrier. If your order never arrives due to loss by the carrier, we will work with them to locate it. If they are unable to find it, we will refund or replace your order, at our discretion.
Returns & Refunds
If you are dissatisfied with your purchase, you may return it for a refund subject to the following:
- Items must be returned within 30 days of delivery.
- Items must be in new, unused condition with original tags/packaging.
- You are responsible for return shipping costs unless the return is due to our error.
- Refunds are generally issued within 3-5 business days of receiving the return.
- Refund/replacement of defective, damaged, or inaccurate items is handled on a case-by-case basis.
Sale items are final sale – no returns or refunds. Custom or made-to-order items are non-refundable.
Payment Processing
We accept major credit and debit cards. Your payment information is processed by trusted third-party processors who comply with payment card industry standards.
We do not directly store any payment card data. By placing an order, you authorize the collection, use and disclosure of your personal information by us, the payment processor, and your issuing bank subject to each party’s privacy policy and applicable laws.
Account Registration
You have the option to register an account when making a purchase or accessing certain features. You must provide accurate information and keep your account secure.
We are not liable for any unauthorized access to your account due to your failure to secure credentials like usernames and passwords. You may not transfer or sell access to your account.
Feedback
We welcome feedback, reviews, suggestions, and ideas about our Services. You grant us a non-exclusive license to use any such submission for any purpose without compensation or attribution to you.
Intellectual Property Rights
Our Services contain material that is owned by or licensed to us, including (but not limited to) text, images, videos, graphics, logos, tools, patents, products, and computer code (“Content”).
This Content is protected under copyright, trademark, patent, and other intellectual property rights and laws. You may not modify, copy, distribute, transmit, publicly display, publish, create derivative works, transfer, or sell any Content obtained from our Services unless expressly authorized by us.
Any unauthorized use of the Content violates our intellectual property rights.
User Content
We are not responsible for any material or opinions posted by you or other users (“User Content”) on our Services. You are solely responsible for your User Content.
By sharing User Content, you grant us a non-exclusive, royalty-free, perpetual, and irrevocable license to copy and distribute it on our Services. You represent that you own or have sufficient rights to the User Content and it does not violate any laws or infringe anyone’s rights.
We may refuse, remove, edit, or monitor User Content at our discretion if we deem it objectionable. We have no obligation to retain your User Content.
Third-Party Links & Services
Our Services may contain links to or integrations with third-party websites, apps, products, or services (“Third-Party Services”). We are not affiliated with or responsible for Third-Party Services.
Your use, purchase, and interactions with any Third-Party Services are between you and the provider – they are not covered under our Terms or Privacy Policy. We encourage you to read the terms and policies of any Third-Party Services carefully.
Disclaimers
Your access to and use of our Services is at your own risk. Our Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express or implied.
We do not guarantee our Services will be error-free, available at any time, free from defects, malware, or viruses, or suitable for any purpose. We disclaim any implied warranties of title, merchantability, fitness for a particular purpose and noninfringement.
We are not liable for any loss, corruption, damage, or interruption in your access to our Services for any reason, including technical failures or bankruptcy. You assume full responsibility and risk of loss for using our Services and are solely responsible for backing up and securing any information you upload or access.
Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer may not fully apply. Check your local laws for any restrictions or limitations regarding disclaimers.
Limitation of Liability
We will not be liable to you or any third party for any lost profits, lost data, personal injury, or other indirect, incidental, consequential, special, punitive or exemplary damages arising from or relating to these Terms, the Services, or any products, content or information accessed or downloaded, even if we knew or should have known of the possibility of such damages.
Our total cumulative liability arising from or related to these Terms, the Services, or products will not exceed the greater of: a) the total amount paid by you to us over the previous 12 months, or b) $100.
You waive any right to recover indirect damages (including consequential losses) that exceed this limit, even if foreseeable. This waiver does not apply to residents of New Jersey.
Certain state laws do not allow limitations on implied warranties or exclusion of certain damages. If these laws apply, some aspects of the above limitations may not apply. However, all other provisions will remain in effect to the fullest extent permitted by applicable law.
Indemnity
You agree to defend, indemnify, and hold harmless us, our directors, officers, employees, agents, vendors, and suppliers from any claims, damages, liabilities, losses, costs, and expenses (including legal fees) brought by third parties relating to:
- Your breach of these Terms
- Your misuse of our Services
- Any User Content you make available through our Services
We reserve the right to assume exclusive defense and control of any such claims or actions and all negotiations for settlement or compromise, at your expense. You agree to cooperate fully in our defense of any such claim.
Changes to These Terms
We reserve the right to amend these Terms at any time in our sole discretion. If we make material changes, we will notify you via email or by posting a notice on our website. Your continued use of our Services confirms your acceptance of the changes. If you do not agree to the changes, you must stop using our Services immediately.
Governing Law
These Terms are governed by the laws of the State of California without regard to conflict of law rules. If any provision is held invalid or unenforceable, the remaining provisions will remain in effect.
Certain jurisdictions do not allow limitations of liability or exclusions of damages. If these laws apply to you, some provisions may not apply. Sections related to waiver of warranties, liability disclaimers, damage exclusions, and limitations will apply to the greatest extent enforceable under applicable law.
Termination
We reserve the right, without notice and in our sole discretion, to terminate or restrict your access to all or part of our Services, including for violations of these Terms. All provisions that by their nature should survive termination shall survive termination.
Entire Agreement
These Terms constitute the entire agreement between you and us regarding the use of the Services. These Terms supersede any prior agreements or negotiations. Our failure to enforce any provision of these Terms will not be deemed a waiver.
Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect. The invalid or unenforceable portion will be modified or limited to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
Assignment
We may assign any rights or duties under these Terms at any time without notice or consent from you. You may not assign these Terms without our prior written consent.
Contact Us
Please contact us with any questions or concerns regarding these Terms and Conditions:
Email: [email protected]
