Terms and Conditions
These Terms are a legally binding part of WYELLC’s sale and shipment to you, the buyer (“Customer”), of WYELLC products. The Terms shall apply to the purchase and delivery of any and all WYELLC product(s) and may be amended from time to time. Any amendment shall be deemed effective when posted. By breaking the seal of the packaging containing WYELLC product(s), Customer expressly agrees to be bound by the Terms.
CONDITIONS OF SALE
No cancellations or modifications will be honored for orders placed online. All discount codes must be applied prior to checkout or they cannot be applied to the purchase total.
Returns and exchanges are accepted within 14 days unless otherwise noted. Any item marked “Final Sale” is not eligible for return or exchange unless the product is proven to have arrived defective.
Free shipping is not included. No sales, coupon or discount promotions can be combined with any other offer(s). Coupon/discount promotions cannot be used on previous purchases. No coupon/discount promotion(s) can be used to purchase gift cards
No cancellations or modifications will be honored for orders placed on our online sale. All purchases are final sales and absolutely no returns or exchanges will be accepted. All discount codes must be applied prior to checkout or they cannot be applied to the purchase total.
All sample sales, coupon / discount promotions & promotional sales are final sales. No returns or exchanges. Free shipping is not included. No sales, coupon or discount promotions can be combined with any other offer(s). Coupon / discount promotions cannot be used on previous purchases. No coupon / discount promotion(s) can be used to purchase gift cards.
If an item goes on sale within 10 days of your purchase, you are eligible for a price adjustment.
The price payable by Customer will be the price WYELLC sets forth in its Order Confirmation. Promotional discount codes cannot be combined with other offers unless expressly stated. WYELLC reserves the right to determine the category of merchandise to which a given offer applies. Discounts will not apply to taxes or other fees. If an item goes on sale within 10 days of your purchase, you are eligible for a price adjustment; otherwise, no price adjustments will be made to previous purchases.
PAYMENT AND SETTLEMENT
Payment is due immediately upon receipt of WYELLC’s product(s), unless stated otherwise by WYELLC. In case Customer does not make payment(s) owed as set forth on the Order Confirmation and Invoice, Customer will have defaulted and breached this Agreement.
Visa®, MasterCard®, American Express, and Discover are accepted by WYELLC.
Customer will indemnify WYELLC against any and all costs, losses and expenses incurred by WYELLC as a result of cancellation.
Customer’s statutory right to set-off, if any, only applies to undisputed or judicially finally adjudged counter-claims. Any statutory rights of withholding by Customer, e.g., defective goods, will only apply to said counter-claims which arise out of the same contractual relationship with WYELLC.
SHIPMENT & DELIVERY
FREE UPS GROUND SHIPPING WITHIN THE U.S.
Free shipping is not included when using discount code(s)/promotional code(s).
Free shipping is not included on Online Sample Sales.
Shipment, delivery, place of performance and payment is New York, New York. Risk of damage to or loss of goods passes to the Customer on delivery, FOB origin.
Where goods are supplied for export, Customer is responsible for complying with any and all import regulations in the country of destination and for paying any import duties.
Date of delivery shall only be taken as an indication; conditions of shipping and transport are not guaranteed.
Terms of delivery shall only commence upon the Confirmation of Order’s receipt and any necessary domestic or foreign certificates have been acquired and/or produced by Customer.
WYELLC’s obligation of delivery shall be subject to WYELLC’s receipt of correct and timely deliveries from WYELLC’s suppliers.
Customer is obligated to accept partial deliveries. Variations in size, weight and quality are permissible in accordance with the respective industry norms or, where such products are not covered by industry norms, in accordance with WYELLC’s customary practices.
WYELLC reserves the right to refuse any order Customer places. WYELLC may, in its 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. In the event that WYELLC makes a change to or cancels an order, WYELLC may attempt to notify Customer by contacting the e mail, billing address and/or phone number provided at the time the order was made. WYELLC reserves the right to limit or prohibit orders that, in WYELLC’s sole judgment, appear to be placed by dealers, resellers or distributors.
WYELLC’s products may only be returned after WYELLC issues a Return Authorization.
WYELLC MAKES NO WARRANTIES WHATSOEVER. WYELLC HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE, AND/OR TRADE PRACTICE.
WYELLC IS NOT LIABLE FOR LOSS OF PROFITS, USE, AND/OR ANY OTHER DIRECT, INCIDENTAL, CONSEQUENTIAL, AND/OR EXEMPLARY DAMAGES — for any reason.
Any and all claims against WYELLC – regardless of the legal reason – shall be barred and effectively waived six (6) months after discovery.
Some of the services provided by WYELLC via the Site are available only to, and may only be used by, individuals and business entities who can form legally binding contracts under applicable law. By creating an account and using the services on the Site, you agree that you are responsible for maintaining the confidentiality of your user id and password and for restricting third party access to your account, and you agree to accept responsibility for all activities that occur under your user id or password.
By making a transaction using the Site, you understand and agree that WYELLC may share information about you and your transaction with other companies for the purpose of processing your transaction, including credit card authorization and fraud prevention. WYELLC and its affiliates reserve the right to refuse service, terminate membership, remove or edit content, or cancel transactions in their sole discretion.
JESSICA SIMPSON is a registered trademark of With You LLC in the United States and other countries, and is used by WYELLC with permission of With You LLC. All content contained on the Site, such as text, graphics, logos, icons, buttons, images and software, is subject to trademark, service mark, trade dress, copyright and/or other proprietary or intellectual property rights or licenses held by With You LLC and/or WYELLC. The arrangement, compilation or integration of all such content is also subject to copyrights held by or licensed to With You LLC and/or WYELLC.
Other trademarks, trade names or logos used on the Site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Site is strictly prohibited.
WYELLC grants you a limited right to access and make personal use of the Site. This does not include the right to resell or make commercial use of the Site or its contents; to make any derivative use of the Site or its contents; to download or copy information for the benefit of another entity; or any use of data mining, robots, or similar data gathering and extraction tools. The Site, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of WYELLC. Any unauthorized use of the Site, or any content contained on the Site, is strictly prohibited. WYELLC retains all title to and interest in any materials, information and/or content contained on the Site. All rights not expressly granted herein are reserved. There are no implied rights in law or equity that may be applied to Customer’s use of the Site, and no implied right(s) or license(s) is granted herein (including, without limitation, intellectual property rights).
WYELLC and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WYELLC’s Copyright Agent the written information specified below.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
WYELLC’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached at email@example.com or by mail to: Jessica Simpson, WYELLC Copyright Agent, 14622 Ventura Blvd Ste 411, Sherman Oaks, CA 91403.
When you visit the Site or send e-mails to WYELLC using the Site, you are communicating with us electronically. By communicating with us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Visitors to the Site may post questions, comments, and other content, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” WYELLC has the right, in its sole and unfettered discretion, to disable and/or terminate a user’s account, and/or block access to the Site, with respect to any user that violates this policy.
WYELLC does not want to receive confidential, proprietary or trade secret information through the Site (excluding information related to any transaction). Please note that any content sent to WYELLC via the Site will be deemed non-confidential, and by submitting any such content, you are granting WYELLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, sublicensable and unrestricted license to use, modify, reproduce, transmit, display and distribute such content throughout the world for any purpose whatsoever. In addition, you grant WYELLC and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify WYELLC or its affiliates for all claims resulting from content you supply. WYELLC has the right but not the obligation to monitor and edit or remove any activity or content. WYELLC takes no responsibility and assumes no liability for any content posted by you or any third party.
You agree to indemnify, defend and hold harmless WYELLC and our shareholders, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of any third-party.
THIS SITE IS PROVIDED BY WYELLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. WYELLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
WYELLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WYELLC AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
WYELLC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT ANY WEBSITE THAT YOU MAY ACCESS THROUGH THIS SITE. ANY SUCH WEBSITE IS INDEPENDENT FROM WYELLC, AND WYELLC HAS NO CONTROL OVER, OR RESPONSIBILITY WITH RESPECT TO, THE INFORMATION PROVIDED OR ACTIVITIES UNDERTAKEN BY SUCH WEBSITE. A LINK BETWEEN THIS SITE AND ANOTHER WEBSITE FURTHER DOES NOT MEAN THAT WYELLC ENDORSES THAT WEBSITE. YOU NEED TO MAKE YOUR OWN INDEPENDENT DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Nothing herein will be deemed to create a joint venture, partnership, franchise or any other type of business association between the parties.
No waiver, amendment or modification of these Terms shall be valid, enforceable or binding upon WYELLC unless previously, expressly agreed to in writing by WYELLC.
Any notice shall be made via Federal Express, United Parcel Service, Certified Mail, or Registered Mail, return receipt requested.
If any provision or portion thereof herein is invalid, illegal, or incapable of being enforced by reason of any rule of law, statute, regulation, or public policy, then such provision or portion thereof shall be deemed deleted, ab initio, and revised to the extent legally permissible to reflect the original intention of the parties and, to the extent reasonably possible, the remainder of these Terms shall nevertheless remain in full force and effect.
If Customer breaches these Terms, or unsuccessfully brings action against WYELLC, Customer shall pay WYELLC’s costs and expenses, including reasonable attorney’s fees.
WYELLC does not endorse and is not responsible for the accuracy or reliability of statements made by third parties, including, but not limited to blog posting and comment posting.
Customer expressly agrees that any litigation concerning WYELLC and/or its products(s) shall be controlled by the laws of the State of New York without application of New York’s Conflict of Law provisions. Venue for any such action shall be in a Court in New York County, New York State.
Customer is 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 international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate With You LLC’s and/or WYELLC’s intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate 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 in any way that will affect the functionality or operation of the Site 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 this Site. We reserve the right to terminate your use of this Site or any related website for violating any of the prohibited uses listed above.
These Terms constitute the entire agreement and understanding between WYELLC and Customer and govern Customer’s use of this Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between WYELLC and Customer (including, but not limited to, any prior versions of the Terms).
WYELLC’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
If you have any questions, please contact us at:
14556 Ventura Blvd
Sherman Oaks, CA 91403
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