TERMS AND CONDITIONS
This website is operated by Build-A-Bride™ Enterprises, Inc. Throughout the site, the terms “we”, “us” and “our” refer to Build-A-Bride™ Enterprises, Inc. Build-A-Bride™ Enterprises, Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our 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.
Our store is hosted on Thinkific, Shopify and Stripe. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible the colors and details of images of our Build-A-Bride™ products online. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or services that we offer. All descriptions of products or product pricing are subject to change without prior notice at the sole discretion of Build-A-Bride™. We reserve the right to refuse any order you place with us. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to 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.
RETURNS & EXCHANGES
By checking the box at checkout you acknowledge and agree to the understanding that there are no refunds, returns or exchanges. All payments are final.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay 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, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
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 libelous 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 any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
PRIVACY
When it comes to your privacy we do ask for certain kinds of personal information in order to provide the services you request. This information includes our mailing list and purchase. When you create an account with Build-A-Bride™, you will be given the option to be added to the Build-A-Bride™ mailing list. Whether or not you select this option, your personal information will never be shared with or sold to anyone. Our web site was developed for an adult audience. We will not collect any personally identifiable information from children under the age of 12 without verified parental consent. Additionally, subscriptions to the mailing list can be cancelled at any time.
LIMITATION OF LIABILITY
We will use all reasonable endeavors to carry out our obligations within a reasonable period but will not be liable to you, the buyer, for any loss, costs, or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement due to any delay in performing, or any failure to perform, any of its obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control:
ACT OF GOD, EXPLOSION, FLOOD, TEMPEST, FIRES OR ACCIDENT;
WAR OR THREAT OF WAR, SABOTAGE, CIVIL DISTURBANCE OR REQUISITION;
ACTS, RESTRICTIONS, BY-LAWS, PROHIBITIONS OR MEASURES OF ANY KIND ON THE PART OF ANY GOVERNMENTAL, PARLIAMENTARY OR LOCAL AUTHORITY;
IMPORT OR EXPORT REGULATIONS OR EMBARGOES;
STRIKES, LOCKOUTS OR THE INDUSTRIAL ACTIONS OR TRADE DISPUTES;
DIFFICULTIES IN OBTAINING RAW MATERIALS, LABOR, FUEL, PARTS OR MACHINERY;
POWER FAILURE OR BREAKDOWN IN MACHINERY.
If we are prevented from carrying out our obligations in the above circumstances, we will notify you in writing. If we are still prevented from carrying out its obligations 4 weeks from the date such notice was sent, then either party may give written notice to the other canceling the Agreement. If the Agreement is cancelled in this way, we accept no liability to compensate you for any loss or damage caused by failure to perform, except where you, the buyer is dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the products. Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, cost, expenses or other claims, which arise out of or in connection with the supply of Products other than as a result of a breach of an obligation arising under the Sale of Products Act 1979 (as amended) and the Supply of Products and Services Act 1973. We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavors to correct errors and omissions as quickly as practicable after becoming aware or being notified of these. All drawings, photographs, colors, components, descriptive matter and specifications of the Products on the website are for the sole purpose of giving an approximate description of the products. We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied (or created) as part of the Website shall remain at all times vested in us. You are permitted to use this material only as expressly authorized by us. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, commercially exploit or create derivative works of such material and content. We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website. If any provision of these terms and conditions is held by a competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected. US law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the US courts. The headings in this Agreement are for convenience only and will not affect their interpretation.
DISCLAIMER AND INDEMNITY
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. BUILD-A-BRIDE™ DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUILD-A-BRIDE™ DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH BUILD-A-BRIDE™ ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER BUILD-A-BRIDE™ NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. BUILD-A-BRIDE™ IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF BUILD-A-BRIDE™ TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BUILD-A-BRIDE™, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.
By checking the Terms and Conditions box provided for you at checkout you acknowledge that this document has been read in full and that you fully agree with the terms and conditions of the heidi elnora website and any service that we may render.
If you have any questions about your online order or need further assistance, please contact us via your preferred method.
Customer Care Representatives are available Monday - Friday 9AM-5PM CST.
[email protected] or 1.205.250.5232