Terms & Conditions Contemporary Plus Size Designer Boutique

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Terms & Conditions

TERMS AND CONDITIONS

Registration
Eligibility to purchase
Orders
Pricing policy
Sale price adjustment policy
Acceptance of your order
Payment
Insurance and delivery
Tracking your order
Returns and exchanges
Intellectual property rights
Content
No commercial use
Your activity
Third party
General
Indemnification
Digital millennium copyright act
General legal terms

Registration

Keeping it Curvy.Confident.Chic. with Marie Denee is easy:

To use some of the services or features made available to you on this Site, you will need to register and create an account. You may never use another end user's account without permission. When creating your account, you must provide accurate and complete information. You must keep your account password secure and notify Marie Denee immediately of any breach of security or unauthorized use of your account. Although Marie Denee will not be liable for your losses caused by any unauthorized use of your account, you may be liable for Marie Denee’s losses or others due to such unauthorized use.

We may change registration requirements from time to time. When you register and create an account, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address customerservice@mariedenee.com. You may also want to view our Privacy Policy

DO I NEED TO SET UP AN ACCOUNT TO PLACE AN ORDER?

The purchase of merchandise through Marie Denee LLC ("Marie Denee") is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of California

In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the Marie Denee terms of eligibility, who have been issued a valid credit card by a bank acceptable to Marie Denee, and who have authorized Marie Denee to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. Marie Denee reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

In addition, by making an offer to purchase merchandise, you expressly authorized us to perform credit checks and, where Marie Denee feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.

ORDERS

All orders are subject to acceptance and availability.

Marie Denee offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally, however, we may be waiting for shipments from our designer suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to Marie Denee. Marie Denee will only take Advance Purchase orders for stock that has been scheduled for delivery by a designer/supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at Marie Denee. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.

Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit card within thirty days of being advised that merchandise has become unavailable.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.

Please note that items in your shopping basket are not reserved and may be purchased by other customers.

PRICING POLICY

Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, sales tax will only be charged on orders shipped to California. No other taxes will be applied to orders shipped within the USA.

All prices and offers remain valid as advertised from time to time.

SALE PRICE ADJUSTMENT POLICY

Marie Denee is happy to offer a Sale Price Adjustment on items purchased up to 14 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your Marie Denee account in the form of a store credit which will be valid for 12 months.

We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order.

Unless you cancel your order, your order will be deemed accepted upon completion of the packing of your order. Completion of the contract between you and Marie Denee will be finalized when we ship the goods to you at which time you will receive a second email containing your tracking number, and confirming that your order has been shipped. The sale contract is concluded in the State of California, USA, and the language of the contract is English.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the Terms and Conditions.

Additionally, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

PAYMENT

Payment can be made by Visa and MasterCard cards and any other methods which may be clearly advertised on the site from time to time. Payment will be debited and cleared from your account upon completion of the packing of your order by Marie Denee. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.

If the issuer of your payment card refuses to authorize payment to Marie Denee, we will not be liable for any delay or non-delivery. Occasionally, high demand causes us to run out of certain items. If we do not have an item that you have ordered in stock, we will notify you by email immediately.

Sometimes, an item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit card, we will not charge you for the item or any taxes and shipping charges.

We take all reasonable care to make our Site as secure as we can make it. All credit card transactions on this site are processed using Authorize.net, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered user with Marie Denee, we will securely store your credit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

To help ensure that your shopping experience is safe, simple and secure Marie Denee uses Secure Socket Layer (SSL) technology.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

INSURANCE AND DELIVERY

Marie Denee insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Marie Denee and transfer of responsibility in the same way.

Please note that we aim to dispatch all orders within 48 hours. Estimated delivery times are to be used as a guide only and commence from the date of shipment.

TRACKING YOUR ORDER

You can check the current status of your shipment by signing into your account and selecting ORDER STATUS. Simply type in your unique tracking number which we emailed to you, and we will track your shipment for you.

Marie Denee will store a record of your transactions for a minimum of one year.

RETURNS AND EXCHANGES

Making a return for a refund, store credit, or exchange is easy using our Returns service outlined below. See costs for Shipping and Returns.

Returns Policy:

After your purchase is delivered, you will receive and email inquiring about your most recent purchase. In the event of a return or exchange, please specify and reply in the email.
Enclosed in each package is a preaddressed return slip. After you have sent your email entailing your return or exchange, you will receive a specific return number identifying your return.
Write the number on the returns slip provided with your order. You will receive email notification once your return has been received and processed.

Making a return for a refund, store credit, or exchange is easy using our Returns service outlined below. See costs for Shipping and Returns.

EXCHANGES
Please note we can only exchange for the same item in a different size. When requesting your return, please specify the size you require. If you wish to exchange your item for an alternative style, we suggest that you return it for a store credit and purchase the new item separately.

GIFT RETURNS
If you have received an item as a gift, you may exchange it for a store credit to your Marie Denee account (you will need to register your details). The amount is automatically deducted from your next purchase and will be valid for one year. Please be aware that you may need to pay any cost difference, additional shipping, and taxes.

RECEIVING A REFUND
Your refund will either be credited to the original purchaser's credit card or your Marie Denee account, as applicable. Your refund amount will include shipping costs.

If your order has been sent to a destination within California, all sales taxes will be refunded.

IMPORTANT INFORMATION:
- Please seek to return items within 7 days of receiving your return authorization.
- Please send all items you wish to return from an order in the same shipment to ensure your return is processed as quickly as possible.
- Items should be returned in their original packaging to ensure they are adequately protected in transit.
  
  OUR POLICY
  Items should be returned unused and with all Marie Denee and designer garment tags still attached. Returns that are damaged or soiled may not be accepted and may be returned to the customer.
  Where provided, belts and any designer packaging such as authenticity cards, dust bags and leather tags should be included with your return.
  Please email returns@MarieDenee.com if any of your purchases have been delivered without Marie Denee tags.
  All items returned should have a Return Authorization number. Unidentified returns may be returned to the sender.
  
  LATE RETURNS
  Please seek to request your return request within 14 days from receipt of your order. We recommend returned item shipments should be post-marked within 7 days from the date you receive your authorization.
  Returns outside these timeframes are accepted at the discretion of Marie Denee and may only be refunded as a store credit. Please note that return requests more than 14 days after receipt of your order will be granted at our discretion.
  
  LINGERIE & SWIMWEAR
  Lingerie, swim suits and bikini bottoms should be tried on over underwear, without removing the protective adhesive strip. Returns that do not have this strip or which are soiled may not be accepted, and may be sent back to the customer without a refund.
  
  FAULTY GOODS
  Goods are classified as faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Please note that items that are damaged as a result of normal wear and tear are not considered to be faulty. If you would like to exchange a faulty item, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items.
  
  COLORS
  We have made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and material rights relating to the Content as herein described, including Marie Denee, The Curvy Fashionista and all HTML and other code contained in this Site, shall remain ,at all times, vested in Marie Denee and are the property of their respective owners.

All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions.

You are permitted to use the Content only as expressly authorized by Marie Denee LLC. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

NO COMMERCIAL USE

This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

YOUR ACTIVITY

You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.

You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.

THIRD PARTY

We may include hyperlinks on this Site to other websites or resources operated by parties other than Marie Denee, including advertisers. Marie Denee has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

GENERAL

While Marie Denee will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these Terms and Conditions shall limit your rights as a consumer under the laws of the State of California.

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.

You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the Terms and Conditions.

INDEMNIFICATION

At our request, you agree fully to defend, indemnify and hold harmless Marie Denee immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms and Conditions by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Site and the Services.

DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please contact Marie Denee at:
Marie Denee LLC
353 Euclid Ave #211 Oakland Ca 94611
Attn: Copyright