TERMS AND CONDITIONS
TERMS & CONDITIONS
- Order Acceptance, Cancellation and Account Registration
Your receipt of an electronic, or other form of, order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If applicable, your order will be refunded in the original form of payment. If your credit card has been charged and your order is canceled, we will immediately issue a refund to your credit card account in the amount of the charge and notify you that your order was canceled. Orders placed using credit issued by us (“Site Credit”) will be available immediately to use once the order is canceled. Promotions will be refunded and reactivated in your account, as long as the promotion has yet to expire. Please note that all orders are subject to acceptance and availability and are only guaranteed once they are fulfilled. To use some of the services or features made available to you on this Website you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address firstname.lastname@example.org. We may also change registration requirements from time to time. The account password you provide should be unique and kept secure, and you must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or others due to such unauthorized use
- Payment Terms
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, shall be as follows:
All orders are subject to verification for security reasons. You will be contacted and will have 48 hours to complete verification process. If you do not respond after such time, you will be notified and the order will be canceled and refunded in the original payment method. Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below. Payments made on debit/credit cards outside of US Dollars will be calculated using currency conversion on www.xe.com on the day of the transaction. You agree that we are not responsible for any credit shortages due to currency conversion rates. If you preorder Products, you will be required to pay fifty percent (50%) of the amount due as a deposit at the time you place your order, exclusive of shipping fees and taxes. We will charge the remaining fifty percent (50%) of the amount due, plus shipping fees, and any taxes or duties owed at such time as the Product is ready for shipment. Please note that any available Site Credit will be automatically applied towards the balance of any pending orders. If you order Products available for immediate shipping from our boutique, you will be required to pay the full amount due, plus shipping fees and any taxes and/or duties associated with the Product at the time you place your order. Please be aware that because of the “pre-sale” nature of such transactions, you should expect a wait period of approximately four to six (4 to 6) months between the date you place your order and the date that the Product is ready for shipment. The estimated delivery window will be noted on the respective Product page. If we are notified (by the designer, manufacture, vendor, etc.) that the Products you have preordered will not be manufactured or delivered (and that all monies deposited or paid by us in respect of such preorders, if any, will be refunded) your order will be canceled and your monies will be refunded.
- Changes in Products and Pricing
We are constantly updating and revising our offerings of Products, and we may discontinue Products at any time without notice. All pricing for the Products is subject to change. For all of our prices and Products, we reserve the right to make adjustments due to changing market conditions, Product discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances. If the price of an order changes after you’ve paid for it in full or after you’ve paid the down payment, your order will be canceled and your monies refunded. We endeavor to be as accurate as possible with Product descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a refund to your credit or debit card account in the amount of the charge and advise you of the canceled order. If you are not completely satisfied with your purchase, you may return it in accordance with our Return Policy, as set forth below. We may, in our sole discretion, permanently or temporarily terminate or suspend your access to the Website without notice or liability, for any reason or for no reason, including if in our sole determination you violate any provision of these terms and conditions. Upon termination of these terms and conditions, your access to the Website will continue to be bound by the terms of these terms and conditions, which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Shipping Fees, Taxes, and International Duties
If you are shipping within the United States of America, sales tax will be charged on orders shipping to New York State and California. For preorder Products, this tax will be charged at such time as the Product is ready for shipment and for all other Products, this tax will be charged at the time you place your order for the Product. No other tax or import duty will be applied to orders shipped within the United States. If you are shipping outside the United States on a DDP (Delivery Duty Paid) basis, import taxes and duties may be automatically applied at the time of checkout, but we may now or in the future permit shipping on a DDU (Delivery Duty Unpaid) basis, where no taxes or duties are charged by us (and you will be responsible and liable for all import duties, customers and local sales taxes levied by the country you are shipping to). For preorder Products, all relevant shipping fees, import taxes, and duties (if applicable) will be charged at such time as the Product is ready for shipment and for all other Products, such shipping fees, import taxes, and duties will be charged at the time you place your order for the Product. The costs of shipping and any import taxes, and duties paid are non-refundable.
- Shipping Policy
We offer a variety of shipping options to meet your shipping needs. Please check the shipping options at checkout for specific delivery options and fees. No C.O.D. orders can be accepted. Please note that the posted shipping time frame, if provided, may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization. These shipping terms, including the terms set forth in any shipping guidelines we may now have or may later adopt, are accepted by you by placing an order with us. All orders are dispatched with ‘No Signature Required’ and may be left at a residence deemed safe by the delivery company. We are not responsible for any loss or liability or damage that may result from leaving your package at the shipping address without a signature. If you prefer to have your order shipped with ‘Signature Required’ please contact us at email@example.com so that we may make arrangements. We are not responsible for any international shipping delays caused by the customs clearance process.
- Return Policy
We offer complimentary return shipping on all orders. We accept timely returns of new and unused Products within 15 days from the date you received your order. Please contact firstname.lastname@example.org to return/exchange an item and we will send you a RMA label. Returns can be refunded as Site Credit or, at our discretion, in the form of the original method of payment. Pre-orders placed across multiple cards will be refunded to the same cards used, regardless of the cards being removed from the site, cards expiring, or updating card information. The Products must be returned in the original packaging, including any boxes, hangers, garment bags, and other signature packaging materials, including our tags and designer hanging tags. Other designer packaging such as belts, dust bags, authenticity cards, and leather tags should all be included where provide. Any returned Products which are damaged, do not include the packaging materials, soiled, or altered may not be accepted and will be returned to you. Refunds or credits will not be processed until the items are returned and inspected by us. Any Product returned outside of the 14-day return policy will not be accepted. No returns or exchanges will be accepted on any Products that are jewelry, jewelry-related, or any other Products that may be described as a “final sale” Product on the Website. Shoes must be tried on over a carpeted surface to prevent any scratches to the soles. All shoes must be returned in their original shoe box. Shoes returned without the original box, a damaged box, or marked soles may not be accepted and will be returned to you. We have made every effort possible to ensure the colors are displayed as accurately as possible. We cannot guarantee your computer’s monitor will accurately display the true color. If you have any questions about the color of an item please contact email@example.com prior to placing your order. We do monitor the number of returns made by customers, and continued returns will be flagged and potentially refused at our discretion or lead to the closure of your account. We prefer our products are returned to us using FedEx, UPS, or DHL to ensure the products are protected and insured. However you may return goods at your sole risk and expense using any safe and secured means. Please note that we may not accept liability for any good returned to us outside our own return labels. Returns may be sent to this address: Atelier 7918, 7918 East Coast Highway, Newport Beach, CA 92657.
- Contests and Promotions
On occasion we issue promotional codes, site credits, and similar “gift certificates” which will provide a credit towards a purchase on the Website when redeemed at checkout. These codes are non-transferrable, and are to be used only by the intended recipient. In particular, we reserve the right to cancel a promotion and/or to reject redemption of a promotional code when the total value of the promotional code exceeds a certain value, generally the price of the item for which the promotional code is used. Promotions are only eligible for full-priced products and are limited to one per transaction. Minimum spends may be required and will be communicated on any correspondence. Where a promotion has been communicated via email, the promotional code is non-transferable and the email address provided during checkout must be the same as the email address to which the promotion was sent. We are not be liable to any customer for any financial loss arising out of the refusal, cancellation or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason. Promotional codes do not cover the costs of any shipping, duties, and/or regional taxes where applicable. These are to be paid by you. All promotions have an expiration date which will be indicated in your account or in any communication to the customer. Once a promotion has expired the amount may not be refunded. If the promotion is still active, it will be refunded back to the customer’s account to be used towards a future order.
- Intellectual Property
You acknowledge and agree that all copyright, designs, the "look and feel" of the Website, trademarks and all other intellectual property and material rights relating to the Content as herein described, including Atelier 7918 Software and all HTML and other code contained in this Website, shall remain at all times vested in Atelier 7918 and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by Atelier 7918 and/or its third-party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. In addition to the Intellectual property rights mentioned above, "Content" is defined as all information such as the "look and feel" of the Website, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. We try to ensure that the information on this site is accurate and complete. We do not warrant or represent that the Content is accurate, error-free or reliable or that your use of the Content will not infringe rights of third parties. Your use of the Website is at your risk. We do not warrant that the functional aspects of the Website or the Content will be error free or that this Website, the Content or the server that makes it available are free of viruses or other harmful components. If your use of this Website, or the Content results in the need for servicing or replacing property, material, equipment or data, we are not responsible for those costs. Without limiting the foregoing, everything on the Website is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. We and our suppliers make no warranties about the Content, software text, downloads, graphics, and links, or about results to be obtained from using the Website. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Website. We reserve the right to withdraw, temporarily or permanently, any Content from this Website at any time and for any reason. Removal may be immediate and without notice. You confirm that we are not liable to you or any third party for any such withdrawal. Opinions expressed on the Website are the personal opinions of the authors and do not reflect our views. Comments may be moderated and may take up to72 hours to be displayed but we do not commit to checking all content and will not be liable for third party posts. We reserve the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This Website is available to the public, information you consider confidential should not be posted to this site. The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect our views and we accept no responsibility for any such views expressed in any media. This Website is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site. The name, “Atelier 7918”, and all related names, logos, product and service names, designs, marks and slogans (the “Marks”) are trademarks of ours or our owners, partners, affiliates or licensors. You must not use such Marks without our prior written permission, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Website. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
- GENERAL LEGAL TERMS
Limitation of Liability
In no event shall we or our suppliers have any obligations or liabilities to you or any other person for loss of profits, for loss of business or use, or for incidental, punitive, special or consequential damages, whether based on contract, tort (including negligence), products liability, or any other theory or form of action, even if we have been advised of the possibility thereof, arising out of or in connection with the sale, delivery, or use of the Products. We shall not be liable for any losses caused by forces or parties that are outside of our control, including any third party service providers. Our sole and entire maximum liability (and the liability of our suppliers) for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the Products you have ordered through our Website. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction’s law is applicable to your purchase of Products.
All matters relating to the Website and these terms and conditions and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these terms and conditions or the Website shall be instituted exclusively in the federal or state courts in and for Orange County, California, although we retain the right to bring any suit, action or proceeding against you for breach of these terms and conditions in your country of residence or any other relevant country.
Changes to Terms and Conditions
From time to time we may revise these terms and conditions to reflect changes in the Website or to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these terms and conditions at any time in our sole discretion. Your continued use of our Website means that you accept and agree to these terms and conditions as amended or revised by us from time to time, and you should therefore review these terms and conditions regularly to ensure that you are aware of its terms.
Risk of Loss
Any merchandise purchased from our Website will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
Waiver and Severability
No waiver by us of any term or condition set forth in these terms and conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure to assert a right or provision under these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the terms and conditions will continue in full force and effect.