Terms and Conditions
SAVED BY THE DRESS INC TERMS AND CONDITIONS/WEBSITE TERMS OF USE
The information contained herein sets forth your rights and obligations with respect to the transaction(s) contemplated for hereby and your use of the site in general. Pease review this document in its entirety before entering into any transaction hereunder in order to confirm your acceptance hereof. You may not order or obtain products or services from this website unless and until you: (1) agree to these terms and conditions in their entirety; (2) are at least 18 years old; and (3) are not prohibited from accessing or using this website or any of this website's contents, goods, or services by any applicable law, rule, or regulation.
APPLICABILITY OF TERMS AND CONDITIONS: These terms and conditions (these "Terms") shall apply to your purchase of products and related services through https://savedbythedress.com (the “Site”) as well as your use of the Site, in general. These Terms are subject to change at any time without prior written notice by SAVED BY THE DRESS INC. (referred to herein as either “Company,” “we,” “us,” or “our”). The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made. You should also review our Privacy Policy before placing an order for products through the Site.
ORDERS & PRODUCTS
All orders are subject to email confirmation by us. When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.
We will provide goods and services to you, which are subject to the conditions stated below in this document. Every time you visit this website, use its services or make a purchase, you accept the following conditions. This is why we urge you to read them carefully.
We do try to keep our inventory levels up to date, however, sometimes an error may occur and ordered product could be out of stock. In such cases, we notify you via email/phone call, cancel your order and refund fully. Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
PAYMENT TERMS: All applicable prices are set forth alongside the goods and services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. You will be responsible for the prices stated at the time of your transaction, as well as any: (a) sales, use, excise, and related taxes; and (b) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
SHIPPING INFORMATION: It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments. Title and risk of loss pass to you upon delivery.
RETURNS: Except for any products designated on the Site as final sale or non-returnable, if you, for any reason, are not satisfied with your order, you may return it for a store credit; provided: (1) the items(s) were not designated as non-returnable; (2) your return is made within thirty (30) days of purchase; and (4) the merchandise is returned in the same condition as originally received by you. All returns must be made pursuant to the specific return procedure specifically set forth on the Site. You are responsible for all shipping and handling costs on returned items, unless otherwise specified. You bear the risk of loss or damage during shipment (other than when returning non-conforming merchandise) and as such, you are advised to obtain appropriate insurance. For complete policy please refer to our Returns Policy document.
PRIVACY POLICY AND WEBSITE TERMS OF USE: We respect your privacy and are committed to protecting it. Our Privacy Policygoverns the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
BUYER REPRESENTATIONS AND WARRANTIES. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind.
LIMITATION OF LIABILITY: in no event shall we be liable to you or any third party for any consequential, indirect, incidental, special,exemplary, punitive or enhanced damages, lost profits or revenue or diminution in value, arising out of or relating to any breach of these terms, regardless of (1) whether such damages were foreseeable, (2) whether or not we were advised of the possibility of such damages and (3) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based. Our sole and exclusive liability for any reason and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the products and services you have ordered through the site. This limitation of liability shall not apply from our gross negligence or willful misconduct.
THIRD PARTY CONTENT: COMPANY may provide hyperlinks to other web sites maintained by third parties, or COMPANY may provide third party content on the Site by framing or other methods. The links to third party web sites are provided for your convenience and information only. The content on any linked web site is not under company’s control and company is not responsible for the content of linked web sites, including any further links contained in a third party web site. If you decide to access any of the third party web sites linked to the web site, you do so entirely at your own risk.
If a third party links to the Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with the Company. In most cases, the Company is not even aware that a third party has linked to the Web Site. A web site that links to the Site: (a) may link to, but not replicate, the Company’s Content; (b) may not create a browser, border environment or frame the Company’s Content; (c) may not imply that the Company is endorsing it or its products; (d) may not misrepresent its relationship with the Company; (e) may not present false or misleading information about the Company’s products or services; and (f) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.
COPYRIGHT AND TRADEMARKS: The trademarks, service marks and logos used and displayed on the Site are the Company’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. The Company is the copyright owner or authorized licensee of all text and all graphics contained on the Site. All trademarks and service marks of the Company that may be referred to on the Site are the property of the Company. Other parties’ trademarks and service marks that may be referred to on the Site are the property of their respective owners. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Company’s trademarks or service marks without the Company’s prior written permission. The Company aggressively enforces its intellectual property rights. Neither the name of the Company nor any of the Company’s other trademarks, service marks or copyrighted materials may be used in any way, including, without limitation, in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Site or otherwise, without the Company’s prior written permission. If you believe that any content on the Site violates any intellectual property right of yours, please contact the Company at the address, email address or telephone number set forth at the bottom of these Terms.
FORCE MAJEURE: Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS: SAVED BY THE DRESS INC (“We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these SMS/MMS Mobile Messaging Terms and Conditions, Our Terms of Use, Privacy Policy, and any other applicable terms and agreements related to your use of Our Program (the “Agreement”). By opting in to or participating in Our Program, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with Us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other agreements that may govern the relationship between you and Us in other contexts.
Program Description: Without limiting the program's scope, users who opt into the program can expect to receive messages from us and others texting on our behalf concerning the marketing and sale of our goods, services, and events. Messages may include checkout reminders.
User Opt-In: The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as by checking the box to sign up online or application-based enrollment forms. Regardless of the opt-in method, you utilised to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive auto-dialled or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to purchase from us. While you consent to receive messages sent using an autodialer, the preceding shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialling system as defined by the Telephone Consumer Protection Act.
Message Cost and Frequency: Message and data rates may apply for each message sent or received in connection with Our Program. It is best to contact your wireless provider if you have questions regarding your data or text plan. Message frequency varies. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email Us at savedbythedress@gmail.com. Please note that requests to this email address are not an acceptable method of opting out of the program. Opt-outs must be submitted following the procedures set forth above.
GOVERNING LAW: The Site is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the STATE of FLORIDA without giving effect to any choice or conflict of law provision or rule (whether of the STATE of FLORIDA or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the STATE of FLORIDA.
ENTIRE AGREEMENT: These Terms, along with the confirmation email for your order, mentioned above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, any terms and conditions that may be provided in connection with any promotion or other sale, and our Site’s ‘Privacy Policy shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.
