Tipsy Elves LLC - Terms and Conditions
Welcome to our site. We maintain this Web site as a service to our customers. By using our site, you are agreeing to comply with and be bound by the following terms and conditions. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain goods or products from this site.
1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms and Conditions Agreement (this "Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 3, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3. Limited Right to Use
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
4. Editing, Deleting and Modification
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable. Any password or right given to you to use the Site is not transferable.
7. Disclaimer and Limits
THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
8. Use of Information
You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
11. Links to Other Web Sites
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
12. Information and Press Releases
The Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
13. Shipping and Delivery
In-stock orders placed on our website will generally ship within 1-3 business days. We assume no responsibility or liability and will not accept returns or chargebacks for loss or damage due to delayed shipment or inability to deliver, whether or not such loss or damage was made known to us, including, but not limited to, liability for non-performance caused by acts of God, war, labor difficulties, accidents, inability to obtain materials, delays of carriers, contractors or suppliers or any other cause of any kind whatsoever beyond our control. Under no circumstances shall we be liable for any special, consequential, incidental, indirect, or liquidated damages, losses, or expense (whether or not based on negligence) arising directly or indirectly from delays or failure to give notice of delay.
14. Return Policy
Returns must be requested within seven (7) days of receipt of the item. Returned items for a refund must be received at the warehouse within thirty (30) days of receipt of the item. To request a return, please visit our contact page. In the subject field, type "return" and enter your order number in the comments field and the reason for your return. You will receive return instructions via e-mail, including a return shipping address. Orders that are returned to warehouse and qualify for a refund will receive a product refund but not shipping refund. Customer pays for return shipping. Returns may not be done in person at the warehouse location. Returns for a refund require 1-2 business days to process.
WE REQUIRE THAT ALL RETURNED ITEMS BE IN NEW CONDITION IN THE ORIGINAL PACKAGING WITH THE ORIGINAL TAGS STILL ATTACHED. We reserve the right to refuse the return of any items that have been worn, damaged, or had the tags removed. If an item we receive for return has been worn, or the tags removed, the item will be deemed unacceptable for return. We reserve the right to return to you any unacceptable pieces. All packaging for the returned item must be in tact and not damaged in any way. ALL RETURNS ARE SUBJECT TO A FIFTEEN PERCENT (15%) PROCESSING AND RESTOCKING FEE BASED ON THE PURCHASE PRICE PAID FOR THE RETURNED ITEM(S).
15. Exchange Policy
Exchanges must be requested within seven (7) days of receipt of the item. To request an exchange, please visit our contact page. In the subject field, type "exchange" and enter your order number in the comments field and the reason for your exchange. You will receive exchange instructions via e-mail, including a return shipping address. Customer pays for return shipping. Exchanges may not be down in person at the warehouse location. Exchanges require 1-2 business days to process.
WE REQUIRE THAT ALL EXCHANGED ITEMS BE IN NEW CONDITION IN THE ORIGINAL PACKAGING WITH THE ORIGINAL TAGS STILL ATTACHED. We reserve the right to refuse the exchange of any items that have been worn, damaged, or had the tags removed. If an item we receive for exchange has been worn, or the tags removed, the item will be deemed unacceptable for exchange. We reserve the right to return to you any unacceptable pieces. All packaging for the exchanged item must be in tact and not damaged in any way.
In the event of an exchange, we will provide you a credit for other purchases on the Site equal to the purchase price paid for the exchanged item(s) (less shipping and handling charges incurred).
16. Coupons and Discounts
All discounts and coupons must be used at the time of purchase. Tipsy Elves reserves the right to deny all "price matching" or coupon refund requests submitted by customers after the time that purchase is completed.
17. Sweater Donation Policy
We reserve the right, and you authorize us, to change our sweater donation policy (the "Donation Policy") at any time. You agree that any purchases made by you on the Site are not made in reliance on the Donation Policy.
18. Changes to Terms and Conditions
This Agreement may be changed from time to time by us in our sole and absolute discretion. We will post a copy of the current version of this Agreement as modified on the Site and this Agreement will be deemed amended and restated in its entirety upon you agreeing to this Agreement by checking on the "I Agree" button during checkout.
This Agreement shall be treated as though it were executed and performed in San Diego, California and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 7. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in San Diego, California. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.