GENERAL TERMS AND CONDITIONS OF SALE
1. Purpose
This General Terms and Conditions of Sale (the "Terms of Sale") govern the sales made by Emily Levine through emilylevine.com.
All Customers wishing to make a purchase from the Website represent and warrant that they are not acting on a commercial basis, have full legal capacity or are authorized by a parent or guardian to use the credit card or debit card utilized in connection with the transaction to be carried out on the Website.
The Terms of Sale can change and be subsequently amended by the Company. The respective applicable Terms of Sale shall be applied when an order is placed.
Therefore, the Customer should consult the Terms of Sale on a regular basis, so the Customer is aware of the version applicable when placing orders.
2. Accounts & Orders
SETTING UP AN ACCOUNT
The Customer may set up an account and become a "Registered Customer" or can purchase products as a "Guest". The Customer does not need an account in order to make a purchase from the Website. If the Customer chooses to register, the Customer can monitor the progress of the order, access the Customer's order history, and utilize services reserved for Customer account holders for a faster checkout.
An account can be setup prior to making a purchase by choosing the "Sign in" button. The Customer shall select the “create an account” option and complete the fields on the form marked with a red asterisk, as this information is mandatory and necessary. In addition, the Customer must confirm having read Terms and Conditions and the Privacy Policy. Failure to provide this information will not allow the Customer to register.
The Customer agrees to provide full, accurate and up-to-date information and to change any details that become obsolete or incorrect at a later date. Any details or information that is offensive, illegal, incorrect, misrepresented, representing a public order offence or moral issues must not be used in the context of setting up an account.
Once the account has been set up, an email will be sent to the email address provided on the account to confirm login information.
The account password you provide shall be unique and kept secure, and you must notify Emily Levine immediately of any breach of security or unauthorized use of your account. Emily Levine will not be responsible for your losses caused by the unauthorized use of your account, but you may be responsible to Emily Levine or others for any authorized use of your account.
PLACING AN ORDER
Once the Customer has selected a Product he wishes, he should choose "Add to cart" on the product page to confirm the selection. He will be automatically addressed to the shopping cart page where he will be able to proceed with the checkout or go back to shopping.
The content of the shopping cart can be viewed at any time by clicking "Shopping cart" which appears at the top right corner of each page on the Website.
The Customer may delete some or all of the Products in the shopping cart at any time by clicking on the corresponding "x" icon of the products remove column.
Once the Customer has selected the Products he wishes to order, he should go to the shopping cart and click the “proceed to checkout” button. Automatically he will be directed to the checkout page where he shall be responsible
Upon filling all the required information, the customer will be directed to the “review order” page. To finalize the order and complete
the process, he should choose “Place Order”. The Customer shall be responsible for checking the accuracy of this information prior to final confirmation of the order (i.e. name, address, phone number, postal code, etc.). Emily Levine shall not be responsible for any mistake by the Customer in the information provided at the time of the order confirmation. If information relating to recipients is incorrect, Emily Levine may not be held liable for any delay or failure to deliver an order.
Once the payment has been made, an email summarizing the order and acknowledging receipt will be sent immediately to the email address provided by the Customer (“Confirmation Email”).ORDER CANCELLATION
We reserve the right at any time after receipt of the order to accept or decline the order, or any portion thereof, in our sole discretion, even after the Customer receives an order confirmation or after the Customer Card has been authorized. If the Customer Card has already been authorized for the purchase and the order is canceled, we will issue a credit to the original method of payment.
* Discount codes for new subscribers are not valid during special price offer periods. Once the special price offers are finished, you may use the code whenever you’d like.
PAYMENT
Emily Levine accepts MasterCard®, Visa®, American Express® or any other methods which may be clearly advertised on the Website as methods of payment. The payment will be debited to the Customer Card only after verifying the Customer Card details, receiving credit authorization on the Customer Card, and confirmation of the Product availability.
By making an offer to purchase merchandise the Customer expressly authorize Emily Levine, or any third-party vendors utilized by Emily Levine in connection with the processing of on-line payments to perform credit checks and verify the information provided. Customer confirms that the Customer Card that is being used is Customer's or that Customer has been specifically authorized by the owner of the card used as Customer Card to use it. All credit card and debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of the Customer Card refuses to authorize payment, the Company will not be liable for any delay or non-delivery of the Products.
Furthermore, Customer agrees that Emily Levine or any third-party vendors utilized by Emily Levine in connection with the processing of on-line payments may use any information provided by the Customer in order to conduct appropriate anti-fraud checks. Any information that the Customer provides may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Please refer to our Privacy Policy for further information about how Emily Levine uses your personal data.
All transactions on the Website are processed using Stripe or PayPal, both secure online payment systems that encrypts the Customer Card details in a secure environment.
Emily Levine cannot be held liable for any loss a Customer may suffer if a third party procures unauthorized access to any data provided when accessing or ordering from the Website.
3. Delivery
The customer will own the goods on and from the later of the point in time when: (a) the payment in full has been received and (b) the goods have been delivered.
Emily Levine requires a signature for any goods delivered, at which point responsibility for the purchased goods passes to the Customer. If the Customer have specified a recipient who is not himself for delivery purposes (for example as a gift) then the Customer accepts that evidence of a signature by the recipient is evidence of delivery and fulfillment by Emily Levine, and transfer of responsibility in the same way. The goods are responsibility of the recipient from the time they are delivered to the address given.
If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.
Emily Levine is not liable for any mishandling and damage to the package occurred after pick up from courier and will not process any refunds.
4. Exchanges & Returns
The Product purchases can be returned within fourteen (14) days from the date of shipment of the Products (the "Return Period"), or upon availability, exchanged without having to provide any reason, provided that such right will be exercisable if (i) the Products are returned to Emily Levine as provided herein; and (ii) Products to be returned were not marked as sale priced at the time of purchase. If Products were discounted, they cannot be returned or exchanged and their sale is final.
During the Return Period, the Customer may exercise this right by sending an email to hello@emilylevine.com.
If the last day of the Return Period falls on a Saturday, Sunday or a public holiday, the Return Period shall be extended to the next business day.
Emily Levine will collect the Product(s) by courier, respecting the customer's instructions for address and timing.
Returns are free of charge only for Products with a commercial value greater than or equal to 350€/400$. Products with a commercial value lower than 350€/400$ shall be returned at the customer expenses.
The Products shall be returned within the Return Period, in their original condition, in the original packaging, and must be accompanied by the shipping confirmation invoice.
Emily Levine will only accept full-price Products in their original condition for a full refund when accompanied by the shipping confirmation invoice inside the package. The Company will not accept merchandise that has been worn, used, altered or damaged. Products should be returned unused and with all the tags or stickers still attached.
Sale-priced Products are final sale and cannot be returned, and Emily Levine will not issue any credit towards the return of those Products.
Returns will be processed within seven (7) to ten (10) business days of receipt of the Products by Emily Levine. Refunds may only be issued on the same Customer Card utilized for payment. Orders paid with PayPal will be refunded to the original account. Please note that the original shipping charges for any returned item(s) are the Customer's responsibility and will not be refunded.
Emily Levine will not assume any liability for reimbursement or compensation in the event that return packages are lost, stolen, or mishandled by the courier.
Emily Levine reserve the right to refuse return of any merchandise that does not meet the above Return Policy. The price any returned Products that complies with Emily Levine Return Policy shall be reimbursed as soon as possible and, in any event, within 30 days of from the return of the Products by the Customer.
Returns of Products that do not comply with the Return Policy may be accepted at the sole discretion of Emily Levine.
Returns of Products that are damaged or do not comply with the Return Policy may not be accepted by Emily Levine and will be returned to Customers at their expense.
5. Product Availability
All orders are subject to acceptance and availability. Items in the Customer's shopping cart are not reserved and may be purchased by other customers.
Subject to their availability, Products offered for sale together with their prices shall be valid as long as they are accessible on the Website.
If a Product becomes unavailable after placing the order, the Customer will receive prompt notification by email to the address provided for the order, and if the Customer credit card or debit card (the "Customer Card") has been charged, a reverse authorization will be placed on the Customer Card. In the event that the Customer Card is charged, the full amount charged will be promptly reimbursed to the Customer Card used as payment, in any event the reimbursement shall occur no later than thirty (30) days from the date of the payment and shall be posted on your Customer card and/or your Customer Card statement as soon as possible under the circumstances. Emily Levine may refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time in its sole discretion. The Company will not be liable to a Customer or a third party by reason of its withdrawing any Product for any reason from the Website whether or not such Product has been sold, refusing to process a transaction or unwinding or suspending transactions after processing has begun.
6. Prices and Prohibition on Reselling
The prices displayed on the Website do not include applicable taxes. Prices listed on product pages are for informational purposes only and may be changed by Emily Levine at its own discretion without notice. In the event a product is listed at an incorrect price, Emily Levine has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or the Customer Card charged. If Customer Card has already been charged for the purchase and the order is canceled, Emily Levine will issue a credit on the Customer Card.
Customers may not purchase any item from the Website with the intention of reselling it and may not resell any Products purchased from this Website to third parties for a profit.
7. Personal data
Personal data shall be collected by Emily Levine on the Website with a goal of allowing the Customer to set up an account and/or to purchase Products from the website. The Information might be shared with third parties as provided for in the Privacy Policy.
Certain personal data is essential for setting up a Customer account and making purchases; such information beginning with an asterisk is Title, First Name, Last Name, Email Address, Password, and Telephone. Failure to provide this mandatory information shall mean that the Customer's account cannot be set up and used. In creating this account, the Customer authorizes Emily Levine to store their name and email. All other requests for personal data are optional.
Email registration for the online newsletter as provided from time to time at the time of registration is optional. To register an email for the online newsletter the Customer can submit it through the Email Sign Up menu button on the homepage. The Customer can also sign up when creating an account by checking the Email Newsletter option during registration. If the Customer does not choose to sign up during registration, at any point after registration the Customer may go to the “My Account” page on the tab “Newsletter Subscriptions”, flag the General Subscription and press the Save button to confirm the option.
Email addresses provided to become a registered member are stored for ordering purposes only.
Customer Card information will be collected when placing an order, but Emily Levine does not store this information.
In accordance with Personal Privacy Protection laws, in regard to information technology, files and rights, the Customer shall have the right to access, change, correct and delete personal data as provided in the Privacy Policy.
This right may be exercised, where applicable, via the Customer account. To make changes to a profile, the Customer should go to Account Dashboard tab of the My Account page and choose the "Edit" button to change home address, email address, etc. information and save to finish updating.
We are committed to implementing appropriate measures in order to avoid any attack on the integrity and confidentiality of personal information collected.
However, the security, confidentiality or integrity of information sent via the Internet is not guaranteed on account of the very nature of the network.
We are not accountable and may not be held liable in the event of loss, communication to a third party or fraudulent uses of login details.
8. Errors & Inaccuracies
Emily Levine is not responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user's reliance on information obtained from or through this Website.
Our goal is to provide complete, accurate, and up-to-date information on our Website. Unfortunately, it is not possible to ensure that any Website is completely free of human or technological errors. This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and to change or update information at any time without prior or subsequent notice.
