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.
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.Eligibility
You must be at least 13 years old to use the Web Site or our mobile applications. If you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use the Site with permission from your parent or legal guardian.
All content, organization, images, media, graphics, design, compilation, text, translation, layout, code, digital conversion, and any derivative works incorporating, combining, altering, duplicating, copying, or reproducing in any way or format such materials or information on the Site, or linked from the Site, are protected under applicable copyrights, trademarks, and other proprietary 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 rights as to such information and materials by Tipsy Elves. By submitting any material, work, or information through this Site or to Tipsy Elves, you agree to and thereby do, fully and irrevocably assign all rights, title, and interest in that material, work, information or idea to Tipsy Elves and forever and fully release Tipsy Elves from any claims regarding your submission, including any infringement, conversion, unjust enrichment, tort, contract, or other legal claim.
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).
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. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
Your right to use the Site is not transferable. Any password or right given to you to use the Site is not transferable.
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.
IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATED PARTIES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (E) ANY BUGS, VIRUSES, MALWARE OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE.
OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR 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.
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.
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.
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.
Returns must be requested within thirty (30) days of receipt of the item. Returned items for a refund must be received at the warehouse the order originally shipped from within thirty (30) days of receipt of the item. Returned items must be in an unworn state with the tag still attached. Returns received after that thirty (30) day return period will not be accepted. To request a return, please visit our Returns Center by visiting Returns.TipsElves.com. Follow the prompts to request a Return Authorization. You will receive return instructions via e-mail, including a return shipping label if you elected to receive one. Orders that are returned to the same warehouse the order originally shipped from 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 3 days to process upon arrival at the warehouse before another 3-5 days for the funds to return to the account you used to pay for the item(s).
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.
Exchanges can be completed by creating a Return Authorization and placing a new order for the alternate item. Return Authorizations typically provide an Instant Refund (TM) Store Credit Code that can be used to place a follow up exchange order. To request a return, please visit our Returns Center by visiting Returns.TipsyElves.com. You will receive return instructions via e-mail, including a return shipping label if you elected to receive one. Customer pays for return shipping. Exchanges may not be done in person at the warehouse location and returned packages must be sent to the same warehouse location the order originally shipped from. Manual exchange request cannot be fulfilled at this time. Once delivered by the carrier, processing of the original item requires 3 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.
All discounts, coupons and promo codes must be used at the time of purchase. Tipsy Elves reserves the right to deny all "price matching" or coupon and promo code refund requests submitted by customers after the time that purchase is completed. Discounts, coupons and promotional codes do not apply to shipping and/or taxes, if applicable.
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.
This Agreement may be changed from time to time by us in our sole and absolute discretion. These changes will go into effect on the Last Updated Date shown on the revised Agreement. By continuing to use the Site, you are agreeing to the revised Terms and Conditions Agreement. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Site, including 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. We may assign our rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.