Terms of service

TERMS OF USE

This website is operated by DRESS KELLY. Throughout the site, the terms "we," "our," and "us" refer to DRESS KELLY. This website, including all of the information, tools, and services it gives access to, is offered by DRESS KELLY to you, the user, on the condition that you accept all of the terms, conditions, policies, and notices set out here.

By visiting our site and/or purchasing something from our company, you take part in our "Service" and agree to be bound by the following terms and conditions ("General Terms," "Terms of Use"), including the terms, conditions, and policies referred to herein and/or accessible by hyperlink. These Terms of Use apply to all users of the site, including, without limitation, individuals who are visitors, vendors, customers, merchants, and/or content providers. Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not accept all of the terms and conditions of this agreement, you may not be able to access the website or use its services. If these Terms of Use are considered an offer, acceptance is expressly limited to them.

Any new tools or features added to this store are also subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Use by posting such updates and/or changes on our website. It is your responsibility to check this page from time to time to see whether any changes have been made. By continuing to access or use the website after the changes are posted, you accept them. Our store is hosted on Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell our products and services to you.

ARTICLE 1 – ONLINE STORE TERMS OF USE

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your region, province, or state and that you have given us your consent to allow any minor dependent in your care to use this site. You must not use our products in any way for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws). You must not transmit any computer worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in the immediate termination of your services.

ARTICLE 2 – GENERAL TERMS

We reserve the right to refuse service to anyone at any time and for any reason.

You understand that your content (excluding information relating to your credit card) may be transferred without encryption and that this includes (a) transmissions over various networks; and (b) changes made in order to conform and adapt to the technical requirements of connecting networks or devices. Your credit card information is always encrypted when transferred over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, any use of the Service or any access to the Service, or any contact on the website through which the Service is provided, without our express written permission. The headings used in this agreement are included for convenience only and will in no way limit or otherwise affect these terms.

ARTICLE 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We cannot be held responsible if the information provided on this site is inaccurate, incomplete, or out of date. The content of this site is provided for general information purposes only and must not be regarded or used as the sole basis for making decisions without consulting more significant, more accurate, more complete, or more current sources of information. If you rely on the content of this site, you do so at your own risk.

This site may contain certain historical data. By definition, historical data is not current and is provided for reference only. We reserve the right to change the content of this site at any time, but we have no obligation to update any information it contains, whatever it may be. You acknowledge that it is your responsibility to monitor changes made to our site.

ARTICLE 4 – CHANGES TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the service (or any part of it) at any time and without notice. We shall not be liable to you or to any third party for any price change, or for any modification, suspension, or discontinuance of the service.

ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available only online through the website. These products or services may be available in limited quantities, and their return or exchange may be strictly subject to our Return Policy.

We have made every effort to display the colors and images of the products shown in the store as accurately as possible. However, we cannot guarantee that your computer screen will display colors accurately. We reserve the right, but are not obligated, to limit the sale of our products or Services to any given person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of the products or services we offer. All product descriptions and pricing are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any offer of a product or service on this site is void where prohibited by law.

We do not guarantee that the quality of any products, services, information, or other materials you purchase or obtain will meet your expectations, or that any errors in the service will be corrected.

The products offered are new clothing and fashion accessories (dresses, sets, tops, etc.), with their features detailed on each product page.

ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting you at the email address and/or billing address or phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to have been placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and your credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more information, please see our Return Policy.

ARTICLE 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor, control, or manage.

You acknowledge and agree that we provide access to these tools "as is" and "as available," without any warranty, representation, or condition of any kind and without any endorsement. We cannot be held liable for anything whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own discretion and risk. In addition, it is up to you to familiarize yourself with the terms on which these tools are provided by the relevant third-party provider(s) and to accept those terms.

We may also, in the future, offer new services and/or features through the website (including the launch of new tools and resources). Such new services and/or features will also be subject to these Terms of Use.

ARTICLE 8 – THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not required to review or evaluate their content or accuracy, and we do not warrant and assume no responsibility for any third-party content or websites, or for any other content, products, or services from third-party sources. We are not responsible for any harm or damages relating to the purchase or use of goods, services, resources, or content, or to any other transaction connected with these third-party websites. Please read the policies and practices of these third parties carefully and make sure you fully understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to those third parties.

ARTICLE 9 – COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you submit specific content (for example, as part of your participation in contests), or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, "comments"), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and use in any medium whatsoever any comments you send us. We are not and shall under no circumstances be obligated (1) to keep any comments confidential; (2) to compensate anyone for any comments provided; or (3) to respond to any comments. We may, but have no obligation to, remove content and Accounts containing content that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Use. You agree that your comments must in no case infringe the rights of any third party, including copyright, trademark, privacy, personality, or any other personal or intellectual property right. You further agree that your comments shall not contain any unlawful, abusive, or obscene material, or any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or attempt to mislead us or third parties as to the origin of any comments. You are solely responsible for all comments you make and for their accuracy. We disclaim all liability for comments posted by you or any third party.

ARTICLE 10 – PERSONAL INFORMATION

The submission of your personal information through our store is governed by our Privacy Policy. Click here to view our Privacy Policy.

ARTICLE 11 – ERRORS, INACCURACIES, AND OMISSIONS

There may occasionally be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, or even cancel orders, if any information in the Service or on any related website is inaccurate, at any time and without notice (including after you have placed your order).

We are not obligated to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Service or any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

ARTICLE 12 – PROHIBITED USES

In addition to the other prohibitions set out in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any local ordinance or any international, federal, provincial, or state regulation, rule, or law; (d) to infringe upon or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or of any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not in any way guarantee, certify, or represent that your use of our Service will be uninterrupted, secure, timely, or error-free.

We do not guarantee that the results that may be obtained from using the Service will be accurate or reliable.

You agree that, from time to time, we may remove the Service for indefinite periods or cancel it at any time and without notice. You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service and all products and services provided to you through it are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability or merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall DRESS KELLY, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, or claim, or for any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, revenue, savings, or data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or of any service or product procured through it, or for any other claim related in any way to your use of the Service or any product, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility that they may occur. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability will be limited to the maximum extent permitted by law.

ARTICLE 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless DRESS KELLY and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they reference, or your violation of any law or the rights of a third party.

ARTICLE 15 – SEVERABILITY

In the event that any provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms of Use, without that finding affecting the validity and enforceability of the remaining provisions.

ARTICLE 16 – TERMINATION

The obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use shall remain in effect unless and until terminated by you or by us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site. If we determine or suspect, in our sole discretion, that you are failing or have failed to comply with any term or provision of these Terms of Use, we may also terminate this agreement at any time and without notice. You will then remain liable for all amounts due up to and including the termination date, and we may accordingly deny you access to our Services (or any part of them).

ARTICLE 17 – ENTIRE AGREEMENT

Any failure on our part to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision. These Terms of Use and any other policies or operating rules that we post on this site or that relate to the Service constitute the entire understanding and agreement between you and us, and govern your use of the Service. They supersede all prior and current agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior version of the Terms of Use). Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.

ARTICLE 18 – GOVERNING LAW

These Terms of Use, and any separate agreement under which we provide you with Services, are governed by and construed in accordance with the laws of France.

ARTICLE 19 – CHANGES TO THE TERMS OF USE

You can review the most current version of the Terms of Use at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Use by posting such updates and/or changes on our website. It is your responsibility to check our website from time to time to see whether any changes have been made. By continuing to access or use our website and the Service after changes to these Terms of Use are posted, you accept those changes.

ARTICLE 20 – CONTACT INFORMATION

Questions about the Terms of Use should be sent to us at contact@dresskelly.com