Terms of Service
OVERVIEW
This website is operated by Melbourne Couture. Throughout the site, the terms “we”, “us”, and “our” refer to Melbourne Couture. By visiting our site and/or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Service”). These apply to all users, including browsers, vendors, customers, and/or content contributors.
Please read these Terms of Service carefully before accessing or using our website. If you do not agree, you may not access the website or use any services. Any new features added will also be subject to the Terms. We reserve the right to update or change these Terms by posting updates on the website.
SECTION 1 - ONLINE STORE TERMS
By using our site, you confirm that you are at least the age of majority in your state/province or have consent from a guardian. You may not use our products for any illegal purposes or violate any laws in your jurisdiction. A breach of the Terms will result in immediate termination of services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time. You agree not to reproduce, duplicate, or exploit any part of the Service without express written permission.
SECTION 3 - ACCURACY OF INFORMATION
We are not responsible if information on this site is inaccurate, incomplete, or outdated. The material on this site is for general information and should not be solely relied upon for decision-making. We may modify the content of this site at any time without obligation to update any information.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products may change without notice. We reserve the right to modify or discontinue the Service at any time without notice. We are not liable for any modifications or discontinuance.
SECTION 5 - PRODUCTS OR SERVICES
Certain products may only be available online and are subject to return or exchange as per our [Refund Policy]. We strive to display product colors accurately but cannot guarantee that your monitor’s display will be correct. We reserve the right to limit sales or quantities of our products to any person or region.
SECTION 6 - ACCURACY OF BILLING
We reserve the right to refuse any order and may limit or cancel quantities per person or household. In the event of a change or cancellation, we will attempt to notify you via the contact details provided. You agree to provide complete and accurate purchase and account information.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools, which are offered "as is" without warranties. You use these tools at your own discretion and risk.
SECTION 8 - THIRD-PARTY LINKS
Certain third-party products or services available via our site may include links to third-party websites. We are not responsible for examining the content or accuracy of third-party materials and assume no liability for them.
SECTION 9 - USER COMMENTS
Any comments, ideas, or submissions you provide to us may be used by us at any time without restriction. We are not obligated to maintain comments in confidence or respond to them.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information is governed by our [Privacy Policy].
SECTION 11 - ERRORS AND OMISSIONS
We reserve the right to correct errors, inaccuracies, or omissions related to product descriptions, pricing, and availability. We are not obligated to update or clarify information unless required by law.
SECTION 12 - PROHIBITED USES
You are prohibited from using the site for any unlawful purpose, soliciting others to perform unlawful acts, or violating any rights or laws.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Melbourne Couture, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Melbourne Couture and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@melbournecouture.com.