Terms & Conditions for Allette

Terms & Conditions


The website www.alletteboutique.com and/or its mobile sites and applications (the “Site”) is owned and operated by C + O Designs, LLC,
owner of allette, and/or its subsidiaries or affiliates (“Company”). These Terms of Use (“Terms of Use”) apply to your use of this Site and any purchase or use of any products or services available through this Site.  Additionally, your use of this Site is governed by our Privacy Policy [LINK TO PRIVACY POLICY], which is incorporated herein by reference.

Throughout the Terms of Use, the terms “we,” “us” and “our” refer to the Company. The Company offers this Site, including all information, tools and services available on this Site, to you, the user, conditioned upon your acceptance of these Terms of Use.  Your continued use of this Site constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.

  1. GENERAL.
    1. Digital Signature. By registering and/or using the Site in any manner, or by clicking to accept the Terms of Use when prompted on the Site, you are deemed to have executed these Terms of Use electronically, effective on the date you register, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C.§7001, et seq.)
    2. Changes to Terms of Use.  We may amend, update or change these Terms of Use at any time. If a revision, in our sole discretion, is material, the Company will notify you by an e-mail sent tot he address specified in your account and/or by placing a prominent notice on the Site once the change has become effective. You are encouraged to review the Terms of Use from time to time in the event changes have been made. Your continued use of the Site and/or Services indicates your assent to the Terms of Use as posted and you agree that we may change it at any time, effective immediately.
    3. Your Representations.  These Terms of Use constitute a valid and binding agreement between you and the Company, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) can form a binding contract, and (3) not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
  2. PURCHASES.
    1. Order Processing.  Company may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances the Company deems appropriate in its sole discretion. Company also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Company will either not charge you or refund the charges for orders that we do not process or cancel.
    2. Return Policy. Returned merchandise must be sent to the Company within 30 days from the date you received it.  Merchandise must be unused and in the same condition as it was shipped.  Merchandise that has been worn, used, altered, or damaged will not be accepted.  A refund will be issued for 100% of the purchase price, ONLY.  Any other expense incurred by you to receive the merchandise, to include shipping, insurance, customs duty or any other related fees will not be reimbursed.  Merchandise must be returned in accordance with the instructions for return included with shipped merchandise.  Any costs incurred with returns shipped by alternate means will not be reimbursed. On international orders, refunds will not include any customs or import duties, brokerage fees, or taxes paid on shipments.
    3. Product Descriptions.  Company attempts to provide accurate descriptions of products on the Site. Company does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product offered on the Site is not as described, your sole remedy is to return the item.
    4. Pricing Information. Company strives to provide accurate pricing information regarding the products and services available on the Site. We cannot, however, insure against pricing errors. Company reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, the Company will notify you by email.
    5. Product and Service Availability.  The Site may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, the Company cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time the Company attempts to process the order. Should this happen, the Company will notify you by email. Service offerings that are out-of-stock generally are no longer available. If the Company determines that a product or service you wish to purchase is no longer available, the item will be cancelled from your order. Company will notify you by email and delete the item from Site.
  3. ALLETTE ACCOUNT. You may establish a user account (an “Account”) through the Site. At a minimum, enrollment requires you to (1) indicate agreement to these Terms of Account, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrollment process, in the Company’s sole discretion. You agree to accept responsibility for all activities that occur under your account or password.
    1. Use of Account.
      1. Login and Passwords.  You are responsible for maintaining the confidentiality of your password and account login, and you are solely responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password or account.
      2. Non-competitive. You shall not use your the Company Account for any purpose competitive to the Company.
      3. Account Termination.  You may cancel your Account at any time by emailing the Company at hello@alletteboutique.com.  Company may terminate your Account and refuse any and all current or future use of the Site at any time, as the Company deems appropriate in its sole discretion.
    2. Account Content.  You represent that all of the information, data and other materials you provide on this Site or to the Company through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.  You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Site any content that:
      1. is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. of foreign laws;
      2. may contain software viruses or malware;
      3. contains advertisements or solicitations of any kind, or other commercial content;
      4. is designed to impersonate others;
      5. contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
      6. contains messages by non-spokesperson employees of the Company purporting to speak on behalf of the Company or containing confidential information or expressing opinions concerning the Company;
      7. contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
      8. contains multiple messages placed within individual folders by the same user restating the same point;
      9. contains chain letters of any kind; or
      10. contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.
    3. License. With respect to any content you submit or make available through the Site (other than personal information, which is handled in accordance with the Privacy Policy), you grant the Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to the Company.
  4. LINKS.  This Site may contain links to other websites or resources that are operated by third parties not affiliated with the Company. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. Company is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
  5. DISCLAIMERS.
    1. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE OR THE TERMS OF SERVICE, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY CONTENT ON THE SITES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
    2. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS, INFORMATION, SERVICES AND PRODUCTS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. COMPANY DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
    3. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
  6. LIMITATION OF LIABILITY.
    1. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE SITE, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (4) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (5) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (6) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH COMPANY IS TO DISCONTINUE YOUR USE OF THE SITE.
    2. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
  7. INDEMNITY. You will indemnify and hold harmless Company from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Company, and shall defend Company against any and all claims arising out of (1) your breach of these Terms and Use; any (2) fraud you commit, or your intentional misconduct or gross negligence; or (3) your violation of any applicable U.S. of foreign law or the rights of a third party. Company will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Company.
  8. INTELLECTUAL PROPERTY. Except for user-generated content, all of the content displayed on this Site, including photographic images, graphic images, text, captions, video, audio-visual files, digital files and software and all of the features of this Site, including this Site's designs, trade dress, logos, text, are the exclusive property of Company. The content is protected by U.S.  and international laws, including copyright, trademark, trade dress and other intellectual property laws.  No content may be used, copied, displayed, transmitted or otherwise exploited via any means except as expressly permitted herein.
    1. Claims of Intellectual Property Infringement.  Company respects the intellectual property of others, and we ask our users to do the same. You are hereby informed that the Company has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of website users who are repeat copyright infringers. Company may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts and/or Accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Company’s Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
      1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
      2. a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the Site;
      4. your address, telephone number, and, if available, email address;
      5. 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
      6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf
    2. Company’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o C + O Designs, LLC Legal Department
315 Flatbush Avenue, #506
Brooklyn, NY 11217
USA

By email:
hello@alletteboutique.com

Company may update this contact information from time to time without notice to you. We will post the current contact information on this Site.

  1. FORCE MAJEURE.  Company shall be excused from performance under these Terms of Use, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of the Company. In the event that the Company is temporarily unable to ship to you a purchased item because of such an event, the Company will give you the option of deferring shipment or receiving a refund of your charges.
  2. DISPUTE RESOLUTION. These Terms of Use will be deemed to have been made in, and shall be construed pursuant to the laws of the State of New York without regard to conflicts of laws provisions thereof.  The parties further agree that venue and jurisdiction over any claim or controversy arising out of or related to the Terms of Use shall lie exclusively with the courts (state or federal) located in and having jurisdiction over New York County, New York, and hereby submit to the jurisdiction thereof.  In the event of a dispute arising out of the Terms of Use, the parties agree to attempt to resolve any dispute by good faith negotiation between the parties.
  3. ASSIGNMENT. Company may assign these Terms of Use in whole or in part at any time without your consent. You may not assign these Terms of Use or delegate any of your obligations under these Terms of Use. Any purported assignment of these Terms of Use is void.
  4. GENERAL
    1. From time to time, Company may offer special promotional offers. You agree to be bound by any additional terms and conditions for these special offers.
    2. If any of the provisions set forth in these Terms of Use are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of these Terms of Use.
    3. Section headings are for reference purposes only and do not limit the scope or extent of such section.
    4. These Terms of Use and the relationship between you and the Company will be governed by the laws of the State of New York, to the extent not preempted by or inconsistent with federal law, without regard to its conflict of law provisions.  For any actions not subject to arbitration, we each agree to submit to the personal jurisdiction of a state court located in New York County, New York or the United States District Court for the Southern District of New York. The failure of the Company to act with respect to a breach of these Terms of Use by you or others does not waive the Company’s right to act with respect to subsequent or similar breaches. If any content on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. Company does not guarantee it will take action against all breaches of these Terms of Use. Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.
    5. These Terms of Use, together with the Privacy Policy, constitute the entire agreement and understanding between you and the Company with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
  5. CONTACT US.  If you have any questions or comments about these Terms of Use or this Site, please contact us by email at hello@alletteboutique.com

You also may write to us at:

C + O Designs, LLC
Attn: Legal Department
315 Flatbush Avenue, #506
Brooklyn, NY 11217

Last Modified: May 17, 2016

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