Last Updated: June 29, 2022
Introduction
These Terms of Use (“Terms”) apply to the website located at eillybazar.shop and any related sites linked to eillybazar.shop by Eilly Bazar® Dress, Jacket, its subsidiaries and affiliates (“Eilly Bazar®,” “we,” “us” or “our“). These Terms govern your access and use of Eilly Bazar® applications, websites, content, products, and services (the “Services“).
Please read these Terms carefully before accessing or using any of our Services. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all the Terms, do not access or use the Services.
If you have any questions regarding these Terms, please contact us using the information below.
1. Accounts and Use of the Services
You must create an account and provide certain information about yourself to use some Services. You are responsible for maintaining the confidentiality of your account password and restricting access to your account. You agree to accept responsibility for all activities that occur under your account.
Eilly Bazar® reserves the right to refuse service, close accounts, or cancel orders at our sole discretion.
2. Sales Contracts and Payment
When you purchase products or services from Eilly Bazar®, you are entering into a legally binding contract to purchase those items. You will be required to provide customary billing and shipping information prior to completing a purchase.
As a buyer, you must:
- Pay the prices displayed plus applicable taxes and fees
- Review the Eilly Bazar® Return Policy and follow those rules if you need to return an item
- Bear any shipping costs associated with returns or exchanges
- Bear any import fees, duties or other taxes that may be applied to international orders
We reserve the right to:
- Request additional information to verify any orders or changes to payment method
- Place limitations on quantities ordered or items purchased
- Cancel any orders we believe may be fraudulent, violate our policies or terms, or otherwise present risk
- Initiate returns and process refunds according to our internal company policies
All sales are final. Please review your selections carefully before purchasing. We will attempt to describe products accurately, but some variance may occur. Pictures are for illustration only. We are not liable for inaccuracies or differences in product appearance.
By completing your purchase, you accept sole responsibility for your purchase selection and costs. Contact [email protected] if you believe an error occurred with your order.
3. Products, Content and Specifications
Product Information: Details about product features, specifications, components, and appearance are subject to change based on manufacturing availability, revisions, and updates to improve the product. Items may differ from their images. Measurements are approximate and provided for convenience only.
Pricing and Availability: Prices fluctuate frequently and are subject to change without notice. Item availability is not guaranteed. Offers good while supplies last. Items may go out of stock unexpectedly.
Services: Any descriptions of services, including any planned availability dates, are subject to change at any time, for any reason, without notice.
4. Contests, Sweepstakes, Promotions
Any contests, sweepstakes or promotions made available through the Services may require entry of certain personally identifying information. Promotions are subject to specific rules published with those promotions.
All participants entering promotions agree to the terms and conditions provided at time of entry defining eligibility, process, rules, requirements, and prizes. Participation may require submitting results of user-generated creative content as outlined in the promotion rules. We reserve the right to verify eligibility qualifications of any winner.
Submission of sweepstakes or promotions entries constitutes permission to use participants’ names, likenesses, and states of residency for advertising and promotional purposes without additional compensation or permission unless prohibited by law.
5. Acceptable Use of Services
You must access and use our Services only for lawful, authorized, and ethical purposes. You will not use (or assist others in using) our Services in ways that:
- Violate, misappropriate or infringe the rights of Eilly Bazar®, our customers, or others including privacy, publicity, intellectual property, or other proprietary rights;
- Are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive or instigate or encourage conduct that would be illegal or otherwise inappropriate;
- Involve publishing falsehoods, misrepresentations, impersonations or confidential information;
- Involve sending illegal or impermissible communications;
- Involve mining, collecting or harvesting any data or information in any unauthorized manner;
- Imply any type of affiliation with or endorsement from Eilly Bazar® where none exists;
- Adversely affect the Services or ability of others to effectively use the Services by intentionally interfering with normal operations.
6. Content You Submit and Community Usage
User-generated content and comments you submit to the Services may be available to the public. You are solely responsible for all content, information and files provided.
Content and comments should not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious. Eilly Bazar® may remove any content at our discretion.
Do not disclose personal information within any content. We do not assume any responsibility or liability for your content. However, by posting content to our Service:
- You grant us permission to use the content without compensation to you and warrant you have all necessary rights do so.
- You assume sole responsibility for the content you submit and warrant it is accurate.
- You agree to indemnify and hold us harmless for any claims or legal action arising from the content.
Any use of third party intellectual property must have proper permission from those owners. Do not post content unless you are the copyright owner or have permission or a legal basis under fair use doctrine to post the content.
We reserve the right to remove any content at any time, for any reason in our discretion. We have no responsibility or liability for failure to monitor the Services or edit, move or delete any content.
7. User Communications and Feedback
Any communications made through our feedback mechanisms, such as email, chat, surveys, social media posts or messages, are deemed user-generated content owned by the author, not Eilly Bazar®. This includes suggestions for improvements, ideas, or any other concepts provided to us related to the Services.
You hereby grant us a perpetual, irrevocable license to use any feedback for any purpose throughout the world without compensation to you. However, we will not publicly disclose feedback in a way that could identify you without your permission.
8. Ownership, Proprietary Rights and Licenses
Eilly Bazar® retains all ownership over our Services, including systems, code, branded elements, logos, designs, content, and related intellectual property. These Terms do not grant you any legal rights to use or modify our intellectual property in any manner.
You are granted a limited, revocable non-exclusive license to access our systems and use our Services for your own personal use subject to these Terms. Any other use requires advance written permission from Eilly Bazar®. You agree not to:
- copy, distribute, publicly display, translate or modify any portion of our websites or services;
- reverse engineer, decompile or disassemble any software or algorithms powering our services;
- sell, lease or sublicense our services or access thereto;
- create derivative works based upon our websites and services;
- act as a service bureau to any third parties using our services;
- conceal or remove any proprietary notices displayed with our services
Trademarks, logos, slogans and imagery are property of their respective owners. Do not use or imitate them without proper permission or legal bases to do so under applicable law.
9. Links to Third Party Sites and Services
The Services may provide links to third party sites, apps and services to enhance your experience. Access and use of any such third party sites or services is at your own risk. Third party sites and services have their own terms of use and policies. Eilly Bazar® has no liability for any third party sites or services.
10. Termination of Account and Restriction of Access
Eilly Bazar® may suspend, restrict or terminate your access to the Services and your account at any time for any reason without notice, including for violations of these Terms. We may also block IP addresses or device identifiers associated with Terms violations.
Sections regarding indemnification, proprietary rights, warranty disclaimers and limitations of liability shall survive any termination or expiration of these Terms.
11. Modifications to Terms
Eilly Bazar® may revise these Terms from time to time to better reflect our evolving business, industry standards, regulatory requirements, or clarifications in response to user feedback. The most current version will always be posted on our website. Any changes apply as of the date published.
If changes affect registered users or are otherwise material, we may place additional notices on the site or contact you directly to inform you. Continued use of our Services after any changes constitutes acceptance of the revised Terms. Revisions do not apply retroactively or to events that occurred prior to the date of change.
12. Modification or Discontinuance of Services
We reserve the right to add, alter, discontinue or remove any part of our Services at any time, including features and functionality, without notice. We may restrict, suspend or terminate all or part of the Services, suspend or terminate your access and remove related content at any time for any reason with or without notice. We will have no liability on account of any change to our Services or any suspension or termination of your access or use.
13. Disclaimers of Warranties
Your use of the Services is solely at your own risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis.
Eilly Bazar® disclaims all warranties, express or implied, including warranties of non-infringement, merchantability, and fitness for a particular purpose. Eilly Bazar® does not warrant that services or electronic communications will be uninterrupted or error-free, that defects will be corrected, or that servers or the network are free of viruses or bugs.
14. Limitations on Liability
Eilly Bazar® will not be liable for indirect, incidental, consequential, special, or punitive damages arising from use of the Services. This includes damages for lost profits, revenue, data, or use even if aware of the possibility of such damage.
In no event will Eilly Bazar® aggregate liability exceed the fees paid by you during the prior six month period before the event giving rise to liability.
Certain states do not allow limitations on implied warranties or exclusion of certain damages, so some of these limitations may not apply.
15. Indemnification
You will defend, fully indemnify and hold harmless Eilly Bazar® and all subsidiaries, affiliates, shareholders, investors, employees against all claims, costs, damages, losses, liabilities arising from:
- Your use of the Services
- Your violation of these Terms or any applicable policy or guidelines
- Your violation of any third party rights including intellectual property rights
- Any content or information you submit, post, transmit through the Services
16. Arbitration and Class Action Waiver
This section applies to any dispute you have with Eilly Bazar®.
Initial Dispute Resolution: You and Eilly Bazar® agree to first attempt to resolve any dispute informally before resorting to arbitration. Please contact our customer service team with concerns before filing a claim.
Binding Arbitration: Any dispute arising from or related to your use of the Services or these Terms which cannot be resolved informally will be resolved confidentially through binding arbitration. Arbitration shall use a single arbitrator appointed by the American Arbitration Association (“AAA”), under its rules. Arbitration fees will be paid based on AAA Rules.
Class Action Waiver: All arbitration will be conducted solely between you and Eilly Bazar® on an individual, non-class basis. No arbitration can seek relief on behalf of other persons.
Location of Arbitration: Arbitration hearings will be held remotely whenever possible. If an in-person hearing is necessary, hearings will take place in your county of residence. For any in-person hearings, if the value of relief sought is $10,000 or less, you may choose whether to have the hearing conducted in person, by phone or through submission of documents.
Severability: If any part of this arbitration clause is deemed invalid or ineffective for any reason, it will be severed and the remaining terms shall still apply.
17. Governing Law and Jurisdiction
California state law governs these Terms, any disputes, as well as any claims, causes of action, suits and proceedings arising from or related to these Terms, without reference to conflict of law principles. Jurisdiction and venue shall be in Los Angeles County, California.
For any arbitration or small claims court permitted on an individual, non-class basis, jurisdiction and venue will be in the county of your residence. New York laws govern to the extent applicable for arbitration related to intellectual property rights.
18. U.S. Export Controls and Restricted Countries
The Services originate in the United States and are subject to United States export controls. No Services may be accessed, exported, re-exported, downloaded, or otherwise transferred into any restricted countries or to prohibited persons or entities. You represent you are not under the control of any such restrictions and are not located in any restricted country. You also agree not to allow access to the Services from those locations. You agree to comply with U.S. export controls and trade laws.
19. Severability and Interpretation
If any provision of these Terms is invalid, illegal or incapable of being enforced by applicable law, it will be deemed excluded and not part of these Terms. The remainder of these Terms will continue to apply.
The section titles are provided for convenience only and have no legal or contractual effect.
20. Contact Information
If you have any questions about these Terms or our Services please contact:
Eilly Bazar®
Phone: 555-123-4567
Email: [email protected]
Address: 123 Main St, Anytown, CA 12345