Terms of Service

Terms of Service

Overview

This website, www.ElianaBailey.shop (the “Site”) is operated by Eliana Bailey (the “Company”, “we”, “us”, or “our”). Eliana Bailey offers this Site, including all information, tools, services and products available from this Site to you (“you” or “your”), conditioned upon your acceptance of all terms, conditions, policies and notices stated on this Site.

You must read and agree to these Terms and Conditions before using or purchasing any services or products we offer, including the Site, Services, Apps, and products we sell. By agreeing to these Terms, you represent that you are 18 years of age or older, or the age of majority in your state of residence.

These Terms contain provisions that limit our liability to you and require you to resolve any disputes on an individual basis. This means that you will not have, and you waive, the right to bring a class, consolidated, or representative action. If you disagree with any part of these Terms, do not purchase any of our products, visit or use our Site, or use any of the Services.

Acceptance and Eligibility

By visiting our website or purchasing something from us, you are using our services (the “Service”) and agree to be bound by the following terms and conditions, which constitute a binding agreement (the “Terms” or “Agreement”), including those additional terms and conditions and policies referenced herein or available by hyperlink. These Terms apply to all users of the Website.

Modifications

We reserve the right to update, change or replace any part of these Terms by posting updates or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. Any new features or tools added to the current store shall also be subject to these Terms.

Modifications to the Service and Prices

The prices of our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any product offered on the Website or any part or content thereof) at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service or any product or part of the Service.

Products or Services

The products or services you purchase on the Site may be available in limited quantities and only in accordance with our Refund Policy. We reserve the right to limit the sales of our products or services to any person or jurisdiction.

Account & Registration

You may create a user account ("Account") to use certain programs and Site features. To create an Account, you must provide a password, username, and other information, such as your name and email address. You are solely responsible for maintaining the confidentiality of your Account information. You may not transfer, sell, or assign your Account to any third party without our prior written approval. You are fully responsible for all use of and activity on the Site under your Account. You agree to immediately notify Company Customer Service of any unauthorized use or any other breach of security of your Account. We are not responsible for any losses resulting from any unauthorized use of your password or account. Personal information submitted through the Site is subject to the Company Privacy Policy, which is incorporated herein by reference.

Subscribe and Save

Some products and customers may qualify for a "Subscribe to Save" program ("Subscription"). You may select from the subscription options available for a particular product to automatically purchase and ship that product on a recurring basis. The total amount charged to your payment method for each subscription order will be the price of the item on the day the order is processed, plus any applicable sales tax and shipping charges.

The shipping cost of each subscription item will be charged to the payment method you used when you created your subscription or another payment method you designated. If we are unable to complete your subscription order using the payment method you used when you created your subscription, you authorize us to update your subscription using another payment method in your account and charge your subscription order to that payment method.

Your subscription will continue until cancelled. Subscriptions may be modified or cancelled at any time and can be cancelled or changed by visiting Account > Orders > Order Number > Cancel Subscription. If you do not have an account, please contact Support@ElianaBailey.shop. To be effective, any cancellation or change to a subscription must be made at least 3 days prior to the next billing date.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may limit or cancel quantities per person, per household, or per order at our sole discretion. These restrictions may include orders placed by or under the same customer account or using the same credit card, orders placed with the same credit card, and orders that use the same billing and shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address, or phone number that you provided when you made your order. We reserve the right to limit or prohibit orders that we believe may be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more details, see our Refund Policy.

Third-Party Links

Third-party links on this site may direct you to sites that are not affiliated with us. We are not responsible for, do not guarantee the accuracy, and will not be liable for the content or accuracy of any third-party materials, websites, products, or services.

User Comments, Feedback and Other Submissions

The Site may contain message boards, profiles, forums, bulletin boards, contests and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or materials on or through the Site, email or mail (collectively, "User Contributions"). By providing User Contributions, you agree that we may edit, copy, publish, distribute, translate and otherwise use those User Contributions. We are under no obligation (1) to maintain any comments in confidence; (2) to provide any compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or Site. You may not use a false email address, pretend to be someone else, or otherwise mislead as to the origin of a review. You are solely responsible for any reviews you post and their accuracy. We are not responsible for any reviews posted by you or any third party.

Personal Information

Personal information you submit through the store is governed by our Privacy Policy, which is incorporated herein by reference.

SMS and Mobile Notifications

By entering your phone number to opt-in to receive text messages, you consent to us or our vendors sending you text message notifications and SMS marketing offers. You understand that this consent is not a condition of purchase. You may unsubscribe by replying "STOP" to SMS messages. SMS and data charges may apply.

Prohibited Uses

You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any illegal acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our 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 Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, prank, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer

The website and the products made available for sale or use on the website are provided to you on an "as is" and "as available" basis without warranty of any kind. Without limiting the foregoing, we make no warranties beyond the warranties of the website and products, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company makes no warranty that access to or use of the website will be uninterrupted or error-free or that defects in the website will be corrected.

Limitation of Liability

In no case shall the Company, 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.

Termination

After termination of this agreement, the obligations and liabilities of the parties incurred prior to the termination date shall survive in any event. These terms will survive unless terminated by either you or us. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we 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 we may deny you access to our Website or Services (or any part thereof).

Disputes; Class Action Waiver

Any dispute arising out of or relating to your visit to or use of the Website, your purchase or use of any products offered on or through the Website, your relationship or communications with us (including indirect communications through third parties), or these Terms (a "Dispute") will be governed exclusively by the laws of the State of Delaware, U.S.A., without regard to its conflict of law principles. If you have a dispute arising out of this Agreement, you agree to first contact us at +1 855-267-6379 (phone) or Support@ElianaBailey.shop (email). You and we may each choose to resolve a Dispute informally before bringing it to court. If any dispute cannot be resolved informally, you agree that any dispute shall be brought exclusively in the federal courts of the United States or the state courts of Delaware, although we retain the right to bring any suit, action or proceeding in your state of residence for any violation of these Terms of Service by you. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

To the fullest extent permitted by applicable law, no dispute under this Agreement shall be joined with any suit or action involving any other party subject to this Agreement, whether by way of a class action, private attorney general proceeding, class arbitration proceeding or otherwise. You understand that you have the right to participate in a class action or representative action. However, you understand and agree that any claim shall be adjudicated individually. You may opt out of this class action waiver within thirty (30) days of the earliest date of your visit to the Site, purchase of a product, or submission of information through the Site by contacting us by email at Support@ElianaBailey.shop or by mail at 250 W Valley Blvd ste e, San Gabriel, CA 91776. If you have not opted out prior to the date you visited the Site, purchased a product, or submitted information to us through the Site (the earliest date), you are not eligible to opt out of this Class Action Waiver.

Electronic Communications

When you use the Site, purchase products, or send us emails, messages (including SMS, MMS, or text messages), and other communications, you are communicating with us electronically. You acknowledge that by agreeing to this Agreement electronically, you are expressly assenting to the terms set forth herein. You acknowledge and agree that by adding your electronic signature, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that by submitting electronically, you agree and intend to be bound by the terms of this Agreement. You hereby consent to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed through the Site or products or services provided by the Company, pursuant to any applicable statutes, regulations, rules, ordinances, or other laws, including, but not limited to, the U.S. Electronic Signatures in Global and National Commerce Act (P.L. 106-229) (the “E-Signs Act”) or other similar statutes. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by non-electronic means.

NOTICE TO CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The provider of this Site is Eliana Bailey. To file a complaint with respect to the Site, please write to 250 W Valley Blvd ste e, San Gabriel, CA 91776 or send an email to Support@ElianaBailey.shop . You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing to 250 W Valley Blvd ste e, San Gabriel, CA 91776, or by telephone at +1 855-267-6379.

VARIOUS

OUR FAILURE TO EXERCISEor enforce any right or provision of this Agreement shall not constitute a waiver of any such right or provision. If any provision of these Terms is held invalid or unenforceable, it shall be construed or severed to the extent necessary without affecting the validity and enforceability of the remaining provisions.

Promotions

Unless otherwise stated, discount codes cannot be used in conjunction with other ongoing promotions, offers or discounts.

Contact Information

Questions regarding the Terms of Service should be sent to Support@ElianaBailey.shop.