TERMS OF SERVICE
Overview
This website is operated by Cathleen's Boutique. Throughout the site, the terms “we”, “us” and “our” refer to Cathleen's Boutique. Cathleen's Boutique offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “TOS”), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or content providers.
Please read these Terms of Service carefully before using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this Agreement, then do not access the Site or use the Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use. Any new features or tools which are added to the current offering shall also be 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 at any time.
SECTION 1 - ONLINE STORAGE TERMS
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) in the use of the Service. You may not transmit any worms, viruses, or any code of a destructive nature. Violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You acknowledge that your content (not including credit card information), is transferred unencrypted and (a) may involve transmissions over various networks and (b) may require adjustments to conform and comply with technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this Agreement are for convenience only and are not intended to limit or restrict your use of the Service.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is not accurate, complete, or current. The material on this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any use you make of the material on this site is at your own risk. This site may contain certain historical information. Historical information, by nature, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to stay informed of any changes to our site.
SECTION 4 - CHANGES TO SERVICE AND PRICES
Prices for our products are subject to change. We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
Conclusion of the contract
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalogue. By clicking on the "Buy" button, you make an offer to conclude a purchase contract. Immediately after sending, you will receive an automated email confirmation of receipt of your order. This email confirmation does not constitute acceptance of the contract.
Warranty
The statutory warranty provisions apply.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may only be available online through the website. These products or services may only be available in limited quantities and may only be returned or exchanged in accordance with our returns policy. Every effort has been made to display the colours and images of our products in the store as accurately as possible. However, we cannot guarantee that the display of colours on your computer monitor will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic area, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any product, service, information, or other material you purchase or receive will meet your expectations, or that any errors in the Service will be corrected.
All of our products are shipped directly to the consumer from our supplier in China. Any charges such as customs duties, import taxes are the responsibility of the consumer.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel purchase quantities per person, per household, or per order. These restrictions may apply to 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number you provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be 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 credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more details, please see our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither control nor have any authority. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of any optional third-party tools. Any use by you of optional tools offered through the Site is at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via 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 responsible for verifying or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party provider's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party provider.
SECTION 9 - COMMENTS, FEEDBACK AND OTHER USER SUBMISSIONS
If you send certain submissions (e.g., contest entries) or unsolicited creative ideas, suggestions, proposals, plans, or other materials at our request, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may edit, copy, publish, distribute, translate, and otherwise use in any medium and at any time without restriction any Comments that you send. We are and shall be under no obligation to (1) maintain any Comments in confidence; (2) pay any compensation for any Comments; or (3) respond to any Comments. We have the right, but not the obligation, to monitor, edit, or remove any content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personal rights, or other personal or proprietary rights. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way interfere with the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of your Comments. You are solely responsible for all your Comments and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. Any special additional customs fees and/or import charges are not included in the price and are the responsibility of the customer.
SECTION 10 - PERSONAL INFORMATION
The provision of personal information through the Store is subject to our Privacy Policy. To view our Privacy Policy, click here.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, our website or Service may contain information that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel an order if any information in the Service or on any related website is inaccurate at any time without notice (including after you have submitted your order). We undertake no obligation 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 stated update or refresh date applied in the Service or on any related website should be taken to indicate that information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to any other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to encourage or engage in any unlawful activity by others; (c) to infringe upon our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that may interfere with the functionality or operation of the Service or any related website, other websites, or the Internet; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to circumvent or interfere with the security features of the Service or 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.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant that the use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services made available to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We shall not be liable for any loss or damage of any kind arising from the use of the Service or any content (or products) posted, transmitted, or otherwise made available via the Service, even if we have been advised of the possibility of such damages. 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 shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Cathleen's Boutique and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless 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 Service or the documents they contain, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Use is determined to be illegal, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms of Use. Such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties arising prior to the termination date shall survive the termination of this Agreement for all purposes. These Terms of Use will remain in effect until terminated by either you or 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 cease using our site. If we believe in our sole discretion that you are in breach of these Terms of Use or we suspect that you have breached any provision of these Terms of Use, we may also terminate this Agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and/or you may no longer have access to our Services (or any part thereof) accordingly.
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this Site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Netherlands.
SECTION 19 - CHANGES TO 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, at our sole discretion, to update, change, or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Use should be sent to info@cathleensboutique.com.