Terms of Service
Updated October 28, 2024
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. These terms require the use of arbitration (on an individual basis only; i.e., case consolidations and class-actions are not permitted) in order to resolve disputes. Please 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: (a) agree to these terms and conditions in their entirety; (b) are at least 18 years old; and (c) 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.
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Applicability of Terms of Use: These terms and conditions (these "Terms" or “Terms of Use” or “Terms and Conditions”) shall apply to your purchase of products and related services through https://shopredchicboutique.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 RedChic Boutique (referred to herein as either “Company,” “we,” “us,” or “our”). Any such changes will be communicated via an update on the Site. 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 browsing our Site, visiting our Site, and/or placing an order for products through the Site.
This Agreement, along with all Company policies referenced in these Terms and Privacy Policy, constitute the entire and only agreement between Company and you, and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. Any terms and conditions which you include in any purchase order, confirmation of order or other document are expressly excluded. Any variation of the terms of use in this Agreement will be binding on Company only if agreed in writing by you and an authorized representative of Company. This Agreement may be amended by Company at any time and from time to time without specific notice to you. The latest version of this Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
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Site Use and Content. You may view, copy or print pages from the Site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Site without the express, prior, written consent of the Company.
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Online Account Access. For certain features available through the Site, you are able to sign up for an account on RedChic Boutique (“User Account”). For self-enrollment, you must provide Account-specific information to authenticate yourself (i.e. Account owner name, address, email address, phone number, and password). We use reasonable precautions to protect the privacy of your User Account information by WIX. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Web Site. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your UserID and password. You agree to never leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on “Log Out.” You also agree to immediately notify the Company of any unauthorized use of your UserID, password and/or User Account, or any other breach of security by notifying us via our Contact Us You are solely responsible for any activity that occurs with respect to your User Account and UserID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.
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Reliance by Company. You authorize the Company to rely on your UserID and password to identify you when you use your User Account, and as signature authorization for any payment made using the User Account. You acknowledge and agree that you are responsible for all transactions made using your User Account. You also acknowledge and agree that if you permit another person or persons to use the User Account or give them your UserID and/or password, you are responsible for any payment that person makes to your User Account, even if the person exceeds your authorization.
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Termination of User Account. Company reserves the right to terminate your User Account for any reason including inactivity and at any time without notice to you. You have the right to terminate your use of the User Account by writing to the Company at the address provided at the end of these terms. Any termination of your use of the User Account, whether by you or the Company, will not affect any of your or the Company’s rights and obligations under these Terms that have arisen prior to the effective date of such termination.
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Online Orders: 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 canceling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.
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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. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). 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: (i) sales, use, excise, and related taxes; and (ii) 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.
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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.
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Returns: Except for any products designated on the Site as final sale or non-refundable, if you, for any reason, are not satisfied with your order, you may return it for a refund in the form of (store credit); provided: (i) the items(s) were not designated as non-returnable; (ii) your return is made within thirty (30) days of delivery; and (iii) the merchandise is returned in the same condition as originally received by you. Once the goods are received by us, we will refund your purchase price in the form of a RedChic E-Gift Card (store credit), less the original shipping & handling. 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. Your refund will be credited back in the form of an E-Gift Card (store credit).
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Privacy Policy and Website Terms of Use: We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. The Privacy Policy is subject to the Terms.
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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; and (iii)
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WARRANTY AND COMPANY’S DISCLAIMERS: We do not manufacture (or direct the manufacture of) any of the goods or services offered on our Site in any way. The availability on our Site of goods and services does not constitute an affiliation with or endorsement of any of the goods or services or their manufacturer. As such, subject to applicable law, we are providing the goods and services to you “as is” without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise).
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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 (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) 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 TO US UNDER THESE TERMS FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH THE SITE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM. THIS LIMITATION OF LIABILITY SHALL NOT APPLY FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
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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, which must be obtained through a formal written request and granted in a signed document by an authorized representative of the Company. 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 of Use.
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User Submissions. All comments, feedback, postcards, suggestions, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information, and other submissions disclosed, submitted, or offered to the Company or included with any hashtags or photo tags provided by the Company, on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, 'User Content') shall be and remain the Company's property. Such disclosure, submission or offer of any User Content shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the User Content. Thus, the Company will own exclusively all such rights, titles and interests and shall not be limited in any way in its use or modifications to the submission, commercial or otherwise, of any User Content. The Company is not and shall not be under any obligation (1) to maintain any User Content in confidence; (2) to pay to user any compensation for any User Content; (3) to credit or acknowledge any user for User Content; or (4) to respond to any User Content. You agree that User Content submitted by you to the Site will not violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that User Content submitted by you to the Site will not be and will not contain libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material in the Company’s sole discretion. You are and shall remain solely responsible for any User Content you submit on the Site. You agree that the Company may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that the Company may use your information for marketing and promotional purposes.
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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 that are beyond the Company's control and could not have been reasonably foreseen or prevented.
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Third-Party Beneficiaries: These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms of Use.
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Assignment: Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder these Terms of Use at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
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Severability: In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions of these Terms of Use shall continue in full force and effect.
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Notices and Electronic Communications. Except as explicitly stated otherwise, any notices you send to Company shall be sent by mail to RedChic Boutique in the case of notices Company sends to you, you consent to receive notices and other communications by Company posting notices on the Site, sending you an email at the email address listed in in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures and other communications that Company provides to you in accordance with the prior sentence satisfy any legal requirement that such communications under these Terms be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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Applicable Law and Venue. To the extent permitted by law, this Agreement shall be governed by and interpreted in all respects in accordance with the substantive laws of the state of Tennessee, U.S.A., without regard to its choice of law provisions. To the extent permitted by law, the state and federal courts located in Nashville, Tennessee, shall have exclusive jurisdiction over any action or proceedings between you and Company that are not subject to arbitration or that may be brought in small claims court and over any action seeking interim or preliminary relief. You and Company (i) voluntarily and irrevocably consents and (without waiving service of process) submit to personal jurisdiction and venue of the courts located in Nashville, Tennessee, that have subject matter jurisdiction, and (ii) waive all objections to venue and any claim that you or it is not personally subject to such jurisdiction or to seek a change of venue, and agrees not to bring any such action or proceeding in any other form.
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Mandatory Pre-Dispute Resolution Process. To the maximum extent permitted by law, you and Company waive the right to bring any claim directly or indirectly arising out of or relating to the Terms, Privacy Policy, or the Site (including the purchase of Company products via shopredchicboutique.com) in any forum unless the party bringing the claim provides the other party with written notice of the dispute within one (1) year of its occurrence by certified U.S. Mail or by UPS or FedEX (signature required) or, only if that other party has not provided a current physical address, then by electronic mail. Company’s address for notice is: RedChic Boutique, 2000 Highway 69 N, New Harmony, IN 47631
The written notice (“Notice of Dispute”) must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. (b) The Notice of Dispute must be personally signed by you (if you are initiating the Notice of Dispute) or by a Company representative (if we are initiating the Notice of Dispute), and you must provide your full legal name. Company must send any such Notice of Dispute to you at the email address that Company has on file for you. (c) Company and you will attempt to resolve the dispute through reasonable, good-faith consultation, cooperation, and good-faith negotiation within sixty (60) days from the date that the Notice of Dispute is received (or a longer period, if agreed to by the parties). Neither you nor Company may initiate an arbitration or small claims proceeding before the conclusion of the sixty-day period from the time the Notice of Dispute is received, or otherwise absent full compliance with the process described in this Section 25 (collectively, the “Mandatory Pre-Dispute Resolution Process”). You agree that you or Company may seek any interim or preliminary relief from a court of competent jurisdiction in Nashville, Tennessee, as necessary to protect their rights pending completion of the Mandatory Pre-Dispute Resolution Process. (d) If the sufficiency of a Notice of Dispute or compliance with this Mandatory Pre-dispute Resolution Process is at issue, it may be decided by a court of competent jurisdiction in Nashville, Tennessee, at either party’s election, and any formal dispute resolution proceeding will be stayed. Such court has the authority to enforce this condition precedent to an arbitration proceeding, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Notwithstanding the foregoing, either party retains the right to raise non-compliance with this condition precedent and seek related damages in arbitration. Any applicable limitations period (including statutes of limitations) and any filing fee deadlines will be tolled while you and Company engage in the Mandatory Pre-dispute Resolution Process. -
Class Action Waiver. ANY PROCEEDINGS TO RESOLVE, ARBITRATE, OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
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Cookie Policy: Please visit our Privacy Policy
YOUR CONSENT TO THIS AGREEMENT
By accessing and using the Site, you consent to and agree to be bound by the conditions of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the Site so that you will always be able to understand the terms and conditions that apply to your use of the Site and/or the User Account. Your use of the Site and/or the User Account following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by sending your comments to:
Sydney Redman at RedChic Boutique
2000 Highway 69 N
New Harmony, IN 47631