WHO WE ARE
Thank You for choosing Eberjey. Eberjey is a worldwide lifestyle brand for women that designs and sells lingerie, sleepwear, swimwear, loungewear and accessories. We can be reached by mail at 3300 NW 41st Street, Suite 1E, Miami, Florida 33142. We can be reached by telephone at (305) 635-0030 or by e-mail at firstname.lastname@example.org. We own and operate this website, www.eberjey.com (the "Website").
The terms “we”, “us” and “our” used in these Terms and Conditions refer to Eberjey. The terms “you” and “your” refer to persons and businesses that visit our Website.
ABOUT THIS WEBSITE
This Website is provided by us solely to provide customers with information about our products and enable customers to make legitimate purchases, and for no other purposes. Use of this Website is governed by the following Terms and Conditions. By using this Website, you agree to these Terms and Conditions and agree that they control your use of the Website and any purchases you make through the Website. If you do not agree with any part of these Terms and Conditions you may not access or use our Website or order products through the Website.
These Terms and Conditions are a legal agreement that governs your access to and use of our Website and your purchase of products we make available through our Website.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION AND MANDATORY ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS REGARDING ANY DISPUTE YOU MAY HAVE WITH US. BY USING OUR WEBSITE, YOU ARE AGREEING TO THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER.
CHANGES TO THESE TERMS AND CONDITIONS
We may modify, update, or remove portions of these Terms and Conditions at any time. The version of these Terms and Conditions that are in effect will always be posted on this Website. We will provide notice of any material changes by posting the revised Terms and Conditions with an updated "Last Updated” Date. If you object to any modification to the Website, your sole recourse is to cease using the Website. Your continued use of the Website following any modification will meant that you accept the changes. Please also note that these Terms and Conditions may be superseded by terms located on particular pages of this Website. Please return to this page periodically to review any changes.
OWNERSHIP OF THE WEBSITE
This Website and all content on this Website are owned exclusively by Eberjey and our licensors and are protected by United States and international trademark copyright laws. All copyright, trademark, and other proprietary rights used in this Website are reserved to Eberjey and our licensors. You acknowledge that the content available on this Website including, without limitation, text, graphics, software, photographs, and videos, is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted only a non-exclusive, non-transferable, revocable, limited license to view and use this Website for the sole purpose of using or placing an order for products. You may not remove or obscure the copyright notice or other notices displayed on this Website. Except as expressly provided in this Agreement, nothing contained in these Terms and Conditions or this Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any trademark, copyright or other intellectual property rights owned by Eberjey or our licensors. Any rights not expressly granted herein are reserved.
You must be at least 18 years old hand have the legal power to enter into contract in order to access and use this Website and order products from us. If you are under 18 you may only use this Website and order products from us if you are at least 16 years old and have the permission of your parent or legal guardian. By using our Website, you confirm that you are at least 18 years old or that you are at least 16 years old and have your parent or guardian’s permission.
Eberjey values your trust. We try to use reasonable technical and administrative measures to protect your personal information. Unfortunately, no data transmission can be guaranteed to be 100% secure. If you have reason to believe that your personal data that you provide to us is not secure please immediately notify us at (305) 635-0030 or by e-mail at email@example.com so that we may try to address your concerns.
PROTECTING YOUR SAFETY
To ensure that your credit or debit card is not being used without your consent, we may validate your name, address and contact number supplied by you during the ordering process against appropriate third party databases. By accepting these Terms and Conditions you agree and authorize us to carry out such verification checks as stated herein. In performing these checks, you acknowledge and agree that such personal information you provide to us may be disclosed to a registered credit reference agency which may keep a record of such information in whole or in part. This verification process is performed solely to verify and confirm your identity. We do not perform a credit check as part of this process, and your credit rating will not be affected in any way whatsoever. All information provided by you to us is securely processed in strict accordance with the Data Protection Act of 1998.
You may not use any device, software or routine that interferes, or attempts to interfere, with the normal operation of this Website, or take any action that imposes an unreasonable load on our equipment. You may not provide false information on this Website when ordering products. You may not misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You may not attempt to gain unauthorized access to this Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
You may not attack this Website via a denial-of-service attack or a distributed denial-of-service attack. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your mobile phone, computer equipment, computer programs or data due to your use of this Website.
You may not copy, download, reverse engineer, reproduce, distribute, transmit, sell, market or make any other use of the content provided on the Website other than to use it to view our product offerings and purchase products from us.
If you engage in any of these prohibited activities, we reserve the right to cancel your use of this Website, as well as pursue other legal remedies, and report your actions to applicable legal authorities.
THIRD PARTY LINKS
This Website may contain links to social media and third party websites. We do not endorse and are not responsible or liable for any such other websites or any content or materials thereon, including such sites’ availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such third party websites and you may be subject to any applicable third party terms and conditions. We will not be responsible for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your mobile phone, computer equipment, computer programs or data due to your use of any social media or website linked to this Website.
DISCLAIMERS AND WARRANTY
Your use of this Website is at your own risk. Our website and its content are provided on an “as is” and “where available” basis. Except to the extent expressly provided for in these terms and conditions and as required under applicable law, we expressly disclaim all representations or warranties or conditions of any kind or nature whatsoever, whether express or implied, and whether arising by statute or otherwise in law, from a course of dealing or usage of trade, and including without limitation, any implied warranties or conditions, any condition or warranty of merchantability, title or non-infringement of third parties rights and any condition or warranty of fitness for a particular purpose. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the foregoing exclusions will apply to you only to the extent permitted by applicable law.
We make no representations or warranties that our website will be reliable, compatible with your computer, or complete or will be provided on an uninterrupted, timely, secure or error-free basis or that any errors can or will be corrected or that any products, content, data or the results derived therefrom will meet your requirements or expectations or that the website is free of computer viruses and other harmful elements.
GENERAL LIMITATION OF LIABILITY
By using this website, you agree to irrevocably waive any claim against Eberjey or our affiliates or our or their respective officers, directors, managers, members, shareholders, employees and agents (collectively, the “Eberjey parties”) be liable to you, or to any other person, for any losses, costs or damages of any kind or nature whatsoever (including without limitation special, exemplary, punitive, consequential, incidental or indirect damages) that are suffered or incurred in any connection with: (a) your use of this website, (b) any content on this website, (c) any failure to provide or delay in delivering any products, (d) hacking, tampering or other unauthorized access or use of the website or your account or the information contained therein or (e) any acts, omissions or failures of any third party however caused and regardless of the form or cause of action (including for breach of contract, tort, negligence, equity, strict liability, by statute or otherwise) and whether or not foreseeable, even if the Eberjey parties or any of the Eberjey parties has been informed in advance or ought reasonably to have known of the potential for such losses, costs or damages.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the foregoing limitations or exclusions may not apply to you. These terms and conditions give you specific legal rights, and you may also have other rights which vary from jurisdictions to jurisdiction. The exclusions and limitations of liability stated in these terms and conditions will not apply to the extent prohibited by applicable law.
In the event any of the foregoing limitations are determined to be unenforceable or invalid by a court of competent jurisdiction, in no event will the liability of the Eberjey parties to you exceed twenty five ($25.00) U.S. dollars.
You agree to protect and indemnify the Eberjey Parties (defined above) from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by:
- you personally, or anyone acting on your behalf, in excess of the limitations described above so long as those limitations are permitted by the laws of your state of residence;
- third parties a result of your breach of these Terms and Conditions; or
- third parties as a result of your violation of any law or the rights of a third party.
TERMS AND CONDITIONS OF SALE
This Website enables you to purchase products from us online. All orders are subject to email confirmation by us. Products displayed on the Website may be out-of-stock or discontinued. Availability is not guaranteed.
All prices are in U.S. Dollars, unless otherwise specified. Prices may change without notice from time to time. The total amount shown due on the checkout page includes any sales tax applied in accordance with applicable state and local regulations based on your shipping address. The amount of sales tax will depend upon various factors, including the type of item purchased, sales price and destination of the shipment. Sales tax regulations may change between the time you place an order and the time of credit card charge authorization and this may affect the calculation of sales taxes. The amount appearing on your payment page may differ from the sales taxes ultimately charged as indicated in the invoice you will receive with the shipping confirmation email.
Payment Acceptance Policy
We accept credit cards and debit cards issued in the United States and several other countries. If your credit or debit card is declined for any reason we will notify you promptly. We will not process any order if your credit or debit card is declined.
The prices we charge for shipping products and shipping options available to you appear elsewhere on this Website. Please review those terms prior to placing an order. You bear all risks of loss and damage to the Products from the time the same have been delivered to the carrier used to ship the Product. Delivery is deemed complete and title to the products passes to you upon acceptance of shipment by the carrier.
If you live outside the U.S. our shipment of products to you may be subject to customs duties, export or import taxes or other charges which are separate from the shipping charges and your responsibility. The limits for duty-free packages are established by your local customs authorities. Please check your local customs authority’s website for more information.
Our return policy appears elsewhere on this Website. Please review those terms prior to placing an order.
Sanctions and Export Policy
You may not use our Website to purchase products if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by governments of the country where you reside. You must comply with U.S or other export restrictions that may apply to goods purchased by you using our Website.
Changes to Products
We reserve the right, without prior notice, to discontinue any of products or change the design, materials or prices of our products without incurring any obligation to you. We do not warrant that product descriptions on this Website are accurate, complete, reliable, current, or error-free, or that the product packaging depicted on this Website will match the actual product that you receive. If a product described on this Website is not as described when you receive it, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return-Policy stated in these Terms and Conditions. Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We reserve the right to revoke any offer stated on this Website to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit or debit card has been charged. If we discover an error has occurred after your credit or debit card has been charged and your order is canceled as a result of the error, your credit or debit card will be refunded the full amount of your order.
Our standard manufacturer’s warranty shall apply to all products that you purchase through this website.
You agree that we may, in our sole discretion, and at any time, terminate or suspend the operation of this Website or your use of the Website, without prior notice to you, for any reason that we, in our sole discretion, deems appropriate. You further agree that we will not be liable to you or to any third party for the consequences of such termination or suspension. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and licenses, indemnification, disclaimer of warranties, limitation on liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination.
DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE
We are committed to complying with copyright and related laws, and we require all users of the Website to comply with these laws. Accordingly, you may not store any material or content on the Website, or use the Website to disseminate any material or content that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.
If you feel that material available over the Website constitutes a copyright infringement, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim. Please address any such claims to firstname.lastname@example.org along with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property.
GENERAL TERMS AND CONDITIONS
These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them.
Eberjey may transfer its rights and obligations under these Terms and Conditions to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms and Conditions to anyone else. These Terms and Conditions are personal to you and no third party claiming through you is entitled to benefit under these Terms and Conditions.
If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute our waiver of that right or any other rights we have under these Terms and Conditions or otherwise.
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Website, or for any failure or delay by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
All notices given by you to us must be sent to Eberjey at email@example.com. Notice will be deemed received and properly served immediately when a confirming e-mail or other electronic communication is sent to you. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the e-mail address you provide in your customer agreement with us.
If any provision of these Terms and Conditions is found unenforceable, then that provision will be severed from these Terms and Conditions and not affect the validity and enforceability of any remaining provisions.
In these Terms and Conditions: (i) words denoting the singular include the plural and vice versa and words denoting any gender include all genders; (ii) all usage of the words “including” or “include” or the phrase “e.g.” in this Agreement shall mean “including, without limitation”; (iii) the division into separate Articles, Sections and Subsections and the insertion of headings is for convenience of reference only and shall not affect the construction or interpretation of these Terms and Conditions; (iv) words or abbreviations which have well-known or trade meanings are used herein in accordance with their recognized meanings; (v) if any action is required to be taken on a day which is not a business day, then such action shall be taken on the next business day; and (vi) the parties agree that the Agreement shall not be construed in favor of or against any party by reason of the extent to which any party or its professional advisors participated in the preparation of the Agreement.
Headings for Convenience Only
Any heading or subheading contained in these Terms and Conditions is solely for convenience of navigation and should not be used to interpret any specific provision.
Nothing contained in these Terms and Conditions or this Website shall be deemed or construed to have created a joint venture, partnership, independent contractor or employment relationship between Eberjey and you or any other person based on your use of the Website or purchasing products on the Website. Neither Eberjey nor you are authorized to act as an agent or legal representative of the other party or have any power or authority to bind of commit the other party.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH US, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You acknowledge and agree that before initiating any claim against us, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to Eberjey at 3300 NW 41st Street, Suite 1E, Miami, Florida 33142. You agree to negotiate with us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after our receipt of your written dispute, you agree to the dispute resolution provisions below.
All disputes arising out of, relating to, or in connection with these Terms and Conditions or your use of the Website that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and Eberjey are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA"). The AAA’s rules are available at http://www.adr.org/consumer or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms and Conditions of Service. The arbitration will be conducted by a single arbitrator selected by the AAA. Arbitrations will be held in Miami, Florida.
If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules.
Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by us. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Eberjey for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum's rules, and these Terms and Conditions of Service. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Eberjey.
You and Eberjey waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and Eberjey elect to have claims and disputes resolved by arbitration. In any litigation between you and Eberjey over whether to vacate or enforce an arbitration award, you and Eberjey waive all rights to a jury trial and elect instead to have the dispute be resolved by a judge.
Notwithstanding the foregoing, either you or Eberjey may bring an individual action in small claims court.
This agreement to arbitrate will survive the termination of your relationship with Eberjey.
To the extent the parties are permitted under these Terms and Conditions of Service to initiate litigation in a court, both you and Eberjey agree that all claims and disputes arising out of or relating to the Terms or the use of the Products will be litigated exclusively in the federal and state courts located in Miami-Dade County, Florida. You and Eberjey consent to the personal jurisdiction of both courts.
In order to avoid irreparable injury to Eberjey, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting us from pursuing any other remedies available to us for such breach or threatened breach, including the recovery of monetary damages from you.
CLASS ACTION WAIVER
We each agree that any dispute resolution proceedings arising from any matter involving this Website, your use of this Website or your purchase of products through this Website, will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that we each agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Except to the extent they are preempted by U.S. federal law, the laws of the State of Florida, without giving effect to its principles of conflicts of law, shall govern all disputes arising out of these Terms and Conditions.
This policy was last modified on August 27, 2018.