Terms & Conditions

Last updated: March 01, 2023

Introduction

Welcome to Emma & Elsa® Clothing, Dress at emmaelsa.shop (the “Site”). These Terms and Conditions are a legally binding agreement between you and Emma & Elsa® Clothing, Dress (“Emma & Elsa®”, “we” “us” or “our”) governing your use of the Site and any purchase of products.

Please read these Terms carefully before using our Site or making a purchase. By accessing or using the Site or making a purchase you agree to be bound by these Terms. If you do not accept these Terms, you may not use the Site or make any purchases.

We may update these Terms at any time. If we make changes, we will update the “Last Updated” date above. Your continued use of the Site after any changes means you accept the new Terms.

Site Access & Use

You may only use the Site and make purchases if you are at least 18 years old. If you are under 18, you may only use the Site and make purchases with the involvement and consent of a parent or guardian.
We grant you a limited, revocable, non-exclusive license to access and use the Site for your own personal use. You may not use the Site for commercial purposes without our written consent.
You agree not to use the Site for any unlawful purpose, or any purpose prohibited in these Terms. You agree to comply with all laws applicable to your use of the Site.
You may not copy, modify, distribute, sell, or lease any part of the Site. You may not reverse engineer or attempt to extract the source code of the Site.
You are solely responsible for providing and maintaining all devices, software, and services necessary to access the Site. We do not guarantee the Site will be compatible or continuous with any specific device, software, or service.
From time to time, we may restrict access to parts of the Site to users. You agree we have sole discretion in restricting site access.

Purchasing Products

By placing an order for products through the Site, you agree to be bound by our Purchase & Returns Policy. Please review the Purchase & Returns Policy carefully before making any purchase.
All product images, descriptions, pricing, and availability on the Site are subject to change at any time, without notice. Prices listed include all taxes and fees. Any product discounts will be reflected in the item purchase price at checkout.
You agree we have sole discretion to accept or reject orders for any reason. We may cancel all or part of your order without liability. If we cancel an order after payment, we will refund you for the amount paid.
You may only purchase products where we expressly offer shipping to your location. We currently only ship products within the United States. Any orders shipping outside the United States are subject to taxes, import duties, customs fees, and any other fees imposed by your country. You are responsible for all such fees.
Title and risk of loss for products pass to you at the shipping location. You are responsible for investigating and responding to any delivery discrepancies or issues. We are not liable for delayed, lost, damaged, misdirected, or undelivered shipments.

Intellectual Property

The Site and all Site Content are the sole and exclusive property of Emma & Elsa®. Site Content includes text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, logos, trademarks, and interactive features.
You may not modify, distribute, publish, or create derivative works from any Site Content without our written consent. The use of Site Content on any other website or networked computer environment is strictly prohibited.
Any trademarks, service marks, and logos used on the Site are registered and unregistered trademarks of Emma & Elsa® and our licensors. No license or rights are granted except as expressly set forth in these Terms.

User Content

You retain ownership of any text, graphics, photos, or other content you upload or post to the Site (“User Content”). You grant us an irrevocable, perpetual, worldwide license to use, host, store, distribute, reproduce, communicate, publish, publicly perform, publicly display, modify, adapt, and create derivative works from your User Content.
You represent and warrant you either own all intellectual property rights in your User Content, or you have acquired all necessary rights to grant us the license described above.
You may not upload or post any User Content that is unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or racially or ethnically objectionable.
We have sole discretion to remove any User Content from the Site for any reason. We are not liable or responsible for any loss or harm related to removed User Content.

Reviews

You may have the ability to post reviews of products you purchase on the Site. Any reviews must be your original work, based on your actual experience with the product.
You agree not to post any untrue, misleading, or unlawful reviews. We reserve the right to remove any review at our sole discretion. We are not obligated to publish or use any specific review.
You grant us an irrevocable, perpetual, worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute any review you submit.

Account Registration

You may need to register for an account to access parts of the Site or make purchases. You agree to provide accurate and complete registration information. You may not impersonate any person or use a name you are not authorized to use.
You are solely responsible for maintaining the confidentiality of your account credentials. You must notify us immediately of any unauthorized account use or other security breach. We are not liable for any loss or damage arising from unauthorized account use.
You may not transfer your account or account credentials to any third party. We reserve the right to suspend or terminate your account for any reason at our sole discretion.

Indemnification

You agree to fully indemnify, defend, and hold harmless Emma & Elsa®, our parents, subsidiaries, affiliates, successors, assigns, directors, officers, employees, agents, vendors, and suppliers from any damages, losses, liabilities, judgments, fees, costs, and expenses (including reasonable attorneys’ fees) arising from any claim related to your use of the Site, violation of these Terms, violation of any law, or violation of any third party right.

Disclaimers

The site and all site content are provided on an “as is” and “as available” basis, without representations or warranties of any kind. We expressly disclaim all warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranties that the Site will meet your requirements, or that the Site will be uninterrupted, timely, secure, non-infringing, or error free. You understand and agree that you use the Site at your own risk.
Any product descriptions, pricing, availability, images, and descriptions on the Site are provided by the product manufacturer or supplier. We make no warranties about product information provided on the Site.
We are not liable for any use, access, or reliance on any User Content you may encounter on the Site. User Content does not reflect our views or opinions. We make no guarantees about the accuracy, currency, suitability, or quality of any User Content.
No advice or information given by Emma & Elsa®, our employees, or representatives shall create a warranty of any kind. We do not warrant that any such advice or information is accurate, reliable, complete, or up to date.

Limitation on Liability

Emma & Elsa® shall not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, including lost profits, arising from or related to the site, site content, user content, purchases, or these terms.
Our total liability arising from or related to the site shall not exceed one hundred U.S. dollars ($100).
The limitations on liability in these terms shall apply even if Emma & Elsa® has been advised of the possibility of such damages. Some jurisdictions do not allow limitations on certain types of liability, so these limitations may not apply.
Nothing in these terms removes or limits our liability for fraud, gross negligence, willful misconduct, or intentional torts causing harm to persons.

Governing Law and Arbitration

These Terms shall be governed by the laws of the State of California without respect to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any dispute arising from or related to the Site, Site Content, User Content, purchases, or these Terms shall be finally settled through binding arbitration. The arbitration shall be held in San Francisco County, California and conducted by the American Arbitration Association, applying California law.
You agree not to combine or bring claims regarding multiple users in a single arbitration. Any arbitration will be limited solely to claims between you and Emma & Elsa®. The arbitrator shall have no authority to conduct class-wide proceedings and may only resolve your individual claims.
If any clause in these Terms is found unenforceable, that clause will be severed from these Terms while preserving all other clauses.

Termination

We may suspend, revoke, or terminate any account or these Terms at any time for any reason at our sole discretion. We shall have no liability related to terminating accounts or these Terms. Upon termination, all licenses you have been granted will immediately terminate.

Entire Agreement

These Terms constitute the entire agreement between you and Emma & Elsa® related to the Site and any products purchased. These Terms supersede any prior agreements.

Contact Us

If you have any questions about these Terms, please contact us at:

Emma & Elsa® Clothing, Dress
123 Emma Elsa Lane
San Francisco, CA 94104
Email: [email protected]