Terms and Conditions of Use
A Brief Summary
What follows are the Terms and Conditions of Use (the “Terms”) that govern your use of the Yvonne-Estelles.com website. Please take the time to review these terms carefully. As is explained in the Terms, Yvonne-Estelles.com reserves the right to change these terms and conditions from time to time. So, check back often for updates.
There are a few things in the Terms that we at Yvonne-Estelles.com would like to draw your attention to: If you don’t agree to the Terms, you are not permitted to use Yvonne-Estelles.com. If you have any questions or concerns regarding anything that appears on Yvonne-Estelles.com, please feel free to contact us. Our email address and other contact information can be found by visiting the following webpage: http://www.yvonne-estelles.com/content/4-about-yvonne-estelle-s.
These points are just for your assistance, and in no way supersede or replace the Terms and Conditions of Use that appear below. Thank you for using Yvonne-Estelles.com.
Terms and Conditions of Use
Acceptance of Terms
Yvonne-Estelles.com (“Yvonne Estelle’s”) is a website operated by Yvonne Estelle’s, Inc., an Illinois corporation. Yvonne Estelle’s is an internet service that provides information about various products and services, and also offers various products and services for sale. All of the preceding services (collectively referred to as “the Service”) are subject to the following Terms and Conditions of Use.
By using the Service in any way, you are agreeing to comply with the Terms and Conditions of Use. Should you object to any term or condition of the Terms and Conditions of Use or any subsequent modifications to the Terms and Conditions of Use, or should you become dissatisfied with Yvonne Estelle’s in any way, your only recourse is to immediately discontinue use of Yvonne Estelle’s. Yvonne Estelle’s has the right, but not an obligation, to strictly enforce the Terms and Conditions of Use through self-help, active investigation, litigation, and prosecution.
Modifications to This Agreement
Yvonne Estelle’s reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and conditions at any time. Such modifications will become effective immediately upon their posting. You must review this agreement on a regular basis to keep yourself informed of any changes. You can find the most recent version of the Terms and Conditions of Use at: http://www.yvonne-estelles.com/content/7-terms-conditions
Permitted Uses of Yvonne Estelle’s
Your permission to use Yvonne Estelle’s is conditioned upon your agreement that:
- You are 13 years of age or older. You must be 18 years old or older to purchase any product or service offered on Yvonne Estelle’s.
- You will comply with these Terms & Conditions of Use.
- You will not copy or distribute any part of the Service in any medium without Yvonne Estelle’s’s prior written authorization.
- You will provide accurate information when creating an account or registering for the Service.
- You are solely responsible for your User ID and the activity that occurs while signed-in to, or while using the Service using your User ID.
- The Service, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software, and the HTML used to generate the pages (the “Materials and Content”), is the property of Yvonne Estelle’s or that of one or more of the suppliers or licensors of Yvonne Estelle’s. The Materials and Content is protected by patent, trademark, and/or copyright under United States and/or foreign laws.
- You will not copy, reproduce, republish, upload, post, transmit, or distribute in any way the Material or Content on the Service.
- Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from this Service, in whole or in part, for any public or commercial purpose without the specific prior written permission of Yvonne Estelle’s
Forbidden Uses of Yvonne Estelle’s
Your permission to use Yvonne Estelle’s is conditioned upon your agreement that you will not:
- Violate, or attempt to violate, the security of the Services, including, without limitation, the following:
- Accessing data not intended for you or logging-on to a Yvonne Estelle’s server or account, which you are not authorized to access;
- Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
- Attempting to interfere or interfering with the operation of the Service, the provision of services to any other users of the Service, our hosting provider, or our network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding”, “mail bombing,” or “crashing” the Service; and/or
- Forging any TCP/IP packet header or any part of the header information of any email or transmission or posting to the Service.
- Violate any local, State, or Federal laws or regulations, including the requirement that you pay sales, use, or Value-Added (VAT) taxes.
- Place fraudulent orders, place orders using payment information that is not your own and/or that you do not have permission to use, and/or place orders with the predetermined intent to contest charges with a credit card company.
- Take any action that could conceivably damage Yvonne Estelle’s, its affiliates, its suppliers, or any other parties as determined by Yvonne Estelle’s.
- Infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
Intellectual Property and Proprietary Rights
As between you and Yvonne Estelle’s, or any other company whose marks appear on the Service, Yvonne Estelle’s (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name, and/or service mark appearing on the Service, and is the copyright holder or licensee of the Materials and Content of the Service, unless otherwise indicated. The Yvonne Estelle’s logos, designs, titles, phrases, and product names and the copyrights, trademarks, service marks, trade dress, and/or other intellectual property in such materials (collectively “Yvonne Estelle’s Intellectual Property”) are owned by Yvonne Estelle’s and may be registered in the United States and internationally. You agree not to display or use the Yvonne Estelle’s Intellectual Property in any manner without Yvonne Estelle’s prior permission.
Nothing on the Service should be construed to grant any license or right to use any Yvonne Estelle’s Intellectual Property without the prior written consent of Yvonne Estelle’s.
Except as otherwise provided in these Terms, the use of the Service does not grant you a license to any Materials and Content or features you may access on the Service, and you may not modify, rent, lease, loan, sell, distribute, or create derivative works of such Materials or Content, features or materials, in whole or in part. Any commercial use of the Service is strictly prohibited, except as allowed in these Terms or otherwise approved by Yvonne Estelle’s. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by Yvonne Estelle’s. If you make use of the Service, other than as provided in these Terms, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Service including, without limitation, all Service design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
Prices and Orders
All prices displayed on Yvonne Estelle’s are quoted in U.S. Dollars. Yvonne Estelle’s may restrict delivery to addresses within the United States or Canada, and will not do business with any nationals of, or residents within, any countries that are subject to trade embargo under the laws and regulations of the United States (currently Cote d’Ivoire, Cuba, Democratic Republic of Congo, Iran, Republic of Congo, Somalia, Myanmar, North Korea, Sudan, and Syria), or listed on any of the United States Government’s lists of prohibited and restricted parties.
Yvonne Estelle’s will add shipping and handling fees and applicable sales/use tax to all orders. Yvonne Estelle’s reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on this Service without incurring any obligation to you. Products displayed on the Service are available while supplies last. Descriptions of, or references to, products or services on Yvonne Estelle’s does not imply endorsement of that product or service, or constitute a warranty by Yvonne Estelle’s.
The receipt by you of an order confirmation by you does not constitute the acceptance of an order by Yvonne Estelle’s. Prior to the acceptance of an order by Yvonne Estelle’s, verification of information may be required. Yvonne Estelle’s reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Yvonne Estelle’s, for any reason.
Yvonne Estelle’s reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Yvonne Estelle’s shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Yvonne Estelle’s shall promptly issue a credit to your credit card account in the amount of the incorrect price.
At Yvonne Estelle’s, we want you to be happy with your purchase. If you are not satisfied with your purchase, you may return it within fourteen (14) calendar days of receipt of shipment, excluding bath products, fabric, furniture, vintage items, sale items, and special orders.
All sales are final on bath products, fabric, furniture, vintage items, sale items, and special orders. Refunds will be issued in the same method as the order was paid. After fourteen (14) calendar days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer’s warranty and service information detailing specific terms and conditions. Manufacturers’ warranties may vary from product to product.
Privacy and Information Disclosure
In the course of your use of the Service, you may be asked to provide information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.
If you respond to Yvonne Estelle’s with any information, including (but not limited to) feedback, data, questions, comments, suggestions, or the like, such information shall not be deemed confidential. All such submissions shall be deemed the property of Yvonne Estelle’s , and your submission of information shall constitute an irrevocable assignment to Yvonne Estelle’s of all worldwide rights, titles, and interests in and to such information. Yvonne Estelle’s shall not be liable for any use or disclosure of such information. Yvonne Estelle’s will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose, and distribute the information to others without limitation. Yvonne Estelle’s will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
Transmission of Information
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we cannot be, and are not, responsible for the security of information that you choose to communicate with Yvonne Estelle’s and the Service while it is being transmitted. In addition, Yvonne Estelle’s is not responsible for any data lost during transmission.
Disclaimer of Warranties
Neither Yvonne Estelle’s, nor its affiliates, makes any representations, warranties, or guarantees regarding: (1) the operation or performance of Yvonne Estelle’s, the Service, or any Third Party site; (2) the nature, content, or accuracy (either when posted or as a result of the passage of time) of any information, material, apparatus, or other process contained on, distributed through, or linked, downloaded or accessed from the sites (including without limitation, those contained on a Third Party site); (3) any products or services purchased on or through a Third Party site, or any products or services purchased or obtained as a result of an advertisement, or other information or material on, or in connection with, this website; or (4) the internet generally.
You agree that use of the Yvonne Estelle’s site and the Service is entirely at your own risk. The Yvonne Estelle’s site and the Service are provided on an “As Is” or “As Available” Basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Yvonne Estelle’s disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Yvonne Estelle’s site and the Service. To the fullest extent permitted by law, Yvonne Estelle’s disclaims any warranties for other services or goods received through or advertised on the Yvonne Estelle’s site or the sites or Service, or accessed through any links on the Yvonne Estelle’s site. To the fullest extent permitted by law, Yvonne Estelle’s disclaims any warranties for viruses or other harmful components in connection with the Yvonne Estelle’s site or the Service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing discliamers may not apply to you insofar as they relate to implied warranties.
Limitation of Liability
Under no circumstances shall Yvonne Estelle’s be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Yvonne Estelle’s has been advised of the possibility of such damages), resulting from any aspect of your use of the Yvonne Estelle’s site or the Service, whether the damages arise from use or misuse of the Yvonne Estelle’s site or the Service, from inability to use the Yvonne Estelle’s site or the Service, or the interruption, suspension, modification, alteration, or termination of the Yvonne Estelle’s site or the Service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through, or advertised in connection with, the Yvonne Estelle’s site or the Service or any links on the Yvonne Estelle’s site, as well as by reason of any information or advice received through or advertised in connection with the Yvonne Estelle’s site, or the Service or any links on the Yvonne Estelle’s site. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Yvonne Estelle’s, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorney’s fees and court costs, made by any third party due to or arising out of your use of the Service, your violation of the Terms and Conditions of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The communications between you and Yvonne Estelle’s use electronic means, whether you visit the Service or send us emails, or whether Yvonne Estelle’s posts notices on the site, or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Yvonne Estelle’s in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Yvonne Estelle’s provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Terms and Conditions of Use constitute the entire agreement between you and Yvonne Estelle’s, and govern your use of the Service, superseding any prior agreements between you and Yvonne Estelle’s. You agree that no joint venture, partnership, employment, or agency relationship exists between Yvonne Estelle’s and you as a result of this Agreement or your use of the Service. The Terms and Conditions of Use and the relationship between you and Yvonne Estelle’s shall be governed by the laws of the State of Illinois without regard to its conflicts of law provisions. You and Yvonne Estelle’s agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Cook, in the State of Illinois. The failure of Yvonne Estelle’s to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Conditions of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or the Terms and Conditions of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.