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Howdy and welcome to our Site. We’re glad you checked us out, but we just need to get some legal stuff out of the way before you continue. Although this Agreement doesn’t require you sign away your firstborn or take out a second mortgage, it does affect your legal rights so we ask that you read it and get a lawyer to help you if you don’t understand any of it.
So, our Users are pretty smart, but some words may have a more nuanced meaning because lawyers aren’t humans and they speak their own strange language. Therefore, we’ve given the following list of definitions, which should be applied to the extent that it doesn’t make any part of the Agreement seem silly to a reasonable person:
So you’re wondering, what is Elizabeth & Clarke? No, we didn’t discover the Pacific Northwest. Actually, we make designer-quality tees & blouses for $30 or less. Pretty nifty, huh?
In order to register for an account and use our Service, you must meet a number of conditions, including but not limited to:
Elizabeth & Clarke may experience unexpected delays for many reasons including, but not limited to: supplier issues, courier or postal issues, or zombie uprisings. For this reason, please note that a subscription item might be delayed in coming to you, and you agree that we won’t be liable for any losses resulting from your expectation that it was going to arrive at a certain date. Please let us know if you have any issues with items arriving and we will look into it as soon as possible.
Ok, so you have met the above eligibility criteria whose difficulty lies somewhere between that of inhaling and exhaling. Although it’s pretty simple to sign up for our Service, please keep in mind that there are some additional rules. You must not:
Ok, payment stuff is important because we’re a subscription business and we don’t want to end up on 20/20 because some little old lady claims we charged her a million dollars for sending a pen a month. As long as you are a subscriber to Elizabeth & Clarke, we will bill your credit card based on the schedule below.
If you do not want to be billed, you must cancel your subscription by email or phone. A subscription is considered cancelled once a written confirmation is sent by email. Our terms may change from time to time, and it may be hard to change this Agreement up each time we do it, so you agree that the payment terms on our website are hereby incorporated into this Agreement by reference. That’s legal speak for, “Look on our site, and those are the terms that will apply.”
If you cancel your subscription after the billing date of a given season, but before the shipping date of said season, you are not entitled to a refund. We pay our factory to begin manufacturing on the billing date each season, and we base our orders and payments to our vendors on aggregate customer orders on the bill date in a given season. One of the reasons we are able to produce high-quality shirts for only $20 - $30 is because we ask our customers to place pre-orders with us, and in exchange we offer up to 50% off the retail price of $40 on our shirts. Our full billing and delivery schedule is publicly available on our FAQ page, so you know far in advance when we will bill your credit card, and so you have time before that to make any changes to your account. However, you may elect one (1) of the following two (2) options: (1) You may choose to receive your box for the current season, according to the normal delivery schedule, as your final box OR (2) you may elect to receive an Elizabeth & Clarke merchandise credit for the amount you paid via credit card for any billed, undelivered boxes. Merchandise credits do not expire, and you may use merchandise credits towards the purchase of any item at any time.
We can make some general statements, though. All major credit and debit cards are accepted including Amex, MasterCard, Visa, Discover, JCB, and Diners Club. We use Stripe to process payments and store card details.
We also offer returns and exchanges for any item, at any time. Awesome, yes? Si. However, a few rules apply:
Without limiting the above general statement that our site takes priority when determining prices, we have the following plans:
We have a few gift and discount policies:
Gift Cards: Gift balances do not expire, and any remaining balance from a gift card will rollover until depleted. Gift card users are not automatically signed-up for a subscription (though you’re more than welcome to do so… we’d love to have you as a member of our clubhouse). Gift card members are given the option to renew when the gift balance is depleted (it is double opt-in).
Deal Vouchers/Other Discount Codes: We allow ONE (1) discount to be used per person or household during your entire lifetime. If you create multiple accounts in order to redeem multiple discount codes, we will cancel all of your accounts, merchandise credits, and shipments immediately. As an active subscriber, you are entitled to a 25-50% discount off the retail price of $40 on every shirt, every season. Our shirts are priced very competitively, and we do not allow more than one (1) additional discount because of this. In addition, you WILL BE automatically signed-up for a subscription when you redeem a discount voucher or code, but you may cancel anytime. Any remaining balance after your first purchase will continue to rollover until depleted. Some daily deal vouchers expire. Please check your voucher for the expiry date.
We may refuse to provide such discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, a run on the banks that’s totally George Bailey’s fault, or any other reason.
If you’ve had your credit card stolen, you’re more than entitled to do a chargeback. However, please be advised that if it’s a fraudulent chargeback, we will totally come down with an iron fist and tell our lawyers, the cops, a collection agency, and possibly your mom on you. We know that this is tough, but it’s necessary to keep our prices so awesomely low.
We appreciate that you like our site, but please keep in mind that every time our search engine rankings drop because someone duplicated our content, our P.R. person cries. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, including product descriptions, without receiving our prior written permission.
“Elizabeth & Clarke” is a trademark used by us, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own clothing business.
THIS PART IS IMPORTANT SO WE HAVE TO YELL. ALSO, WE JUST STUBBED OUR TOE SO WE’RE MAD ANYWAY. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, TORTOISE INTERFERENCE WITH THE HARE WINNING THE RACE, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND PAYPAL, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, RESIDENTS OF SUNNY/SMOGGY CALIFORNIA MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
To summarize in layman’s terms, you break it, you bought it.
This Agreement shall be governed by the laws in force in the Big Apple, New York, New York. The offer and acceptance of this contract are deemed to have occurred in the State of New York.
You agree that any dispute arising from or relating to this Agreement will be heard solely by the Small Claims Court in New York City (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, acts of dog, war, peace, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, Klingon disruptors, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, shortage of shortbread cookies, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Elizabeth & Clarke shall have the sole right to elect which provision remains in force, whether it be by a darts competition or simply picking one.
Elizabeth & Clarke reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future. If Janet gets away with something, don’t think that Jill will get away with it, too. We might just randomly catch people or be lazy sometimes or be superstitious or have some other reason for not enforcing our rights against every single person who messes with us.
If you wish to cancel your subscription, you must notify us by email or phone and provide a reason for your cancellation. We will send you a written cancellation confirmation by email within a reasonable timeframe. Your subscription is considered cancelled only when you recieve a written cancellation confirmation.
We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever. Unfulfilled subscriptions will be refunded on a pro rata basis.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time—you must read the page (yes, boring, we know) every time you access our Site. When we amend this Agreement, we will amend this page. If you do not agree to the changes, you must cease using our Site and Service immediately and inform us of your non-agreement with sufficient information to identify your account at firstname.lastname@example.org so that we may disable your account.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Elizabeth & Clarke must be addressed to our agent for notice and sent via e-mail (carrier pigeons no longer acceptable) to email@example.com.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: March 20, 2012
Whenever you visit our Site, we may collect non-identifying information from you, such as your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, additional records from a third party, Uri Geller, or John Edwards, this information alone cannot usually be used to identify you.
Users may in some cases be able to review and edit the personal information they have provided to us by logging into your account on the Site and editing their account. Although most changes may occur immediately, information may still be stored in a web browser’s cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database. Basically, we can’t keep track of every little electron out there, but we will do our best to protect your privacy.
Elizabeth & Clarke may post links to third party websites on its Site. These third party websites are not screened for privacy or security issues, or even entertainment value, by Elizabeth & Clarke, and you release us from any liability for the conduct of these third party websites.
Although you are entering into an Agreement with Elizabeth & Clarke to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.
Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website.
Without limiting the generality of the foregoing, we may share your information with:
At times it may become necessary, for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.
Ok, that was all very legal-y, but basically if you don’t do anything bad, the KGB won’t try to ask us who you are. If you did something that resulted in a massive police investigation because you used a clothing site, we’d be impressed—but don’t do it because we don’t need the heat. Thanks.
We take certain measures to enhance the security of our Site and Service, such as using SSL certificates and putting slippery banana peels around all of our servers. However, we make no representations as to the security or privacy of your information. It is in our interest to keep our website secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.
Last Modified: March 20, 2012