THANK YOU FOR SHOPPING AT CELEBRATEBOUTIQUE.COM™. BY USING OUR WEB SITE, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE CONDITIONS OF USE.
Gea Somma Inc. dba CelebrateBoutique™ and CelebrateBoutique.com™ ("CelebrateBoutique", "we" or "us") maintains this web site (the "Site") as a service to our customers, potential customers, and other interested parties. These Conditions of Use are further subject to change at any time without prior notice.
Store Policy
Availability of items: Certain items may become out of stock without warning. If this occurs you may opt to receive a full immediate refund or to be placed on back order for that item.
Taxes: Buyers pay New York State sales tax for items shipped to NY State (8.625%). If taxes are not calculated at check out by mistake, a separate invoice will be e-mailed to your account.
Shipping: Once your order is placed, it can no longer be modified. All shipments to foreign countries will either ship via USPS, UPS Ground, FEDEX or via UPS Second Day Air and will be charged appropriately. Please email us to inquire for shipping costs to your location. For orders shipped abroad US, we are not responsible for any duties or taxes associated with the shipment. Please e-mail to customercare@celebrateBoutique.com to find out whether we ship to certain countries and to inquire about shipping charges. Be advised that we will no ship abroad without insurance coverage. NOTE THAT COMBINE SHIPPING IS NOT ALWAYS AVAILABLE DEPENDING ON WHERE THE ITEMS ARE LOCATED. For more info on shipping, fee free to contact us at customercare@CelebrateBoutique.com.
Returns: 100% Satisfaction Guaranteed! If you are not satisfied with your purchase, please contact us and return the merchandise within 15 days of receipt in its original conditions and packaging. You must receive an authorization number in order to return the items. Upon receipt of the returned items, we will then send you a refund of your payment (shipping and insurance costs excluded). Note: Personalized items may not be returned.
Damaged Items: All items are carefully packaged. If you receive an item that is damaged, please contact us within 7 days for further instructions at customercare@CelebrateBoutique.com.
Contact Information:
Gea Somma Inc. dba Celebrate Boutique - 222 N. Albany Ave., N. Massapequa, NY 11758
e-mail: customercare@CelebrateBoutique.com
Use of CELEBRATEBOUTIQUE.COM Web Site and Its Content
We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. The Site may periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
By using this Site, you agree to indemnify, hold harmless and defend CelebrateBoutique.com and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors representatives and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with your use of this Site. You agree to cooperate as fully as reasonably required in the defense of any claim. CelebrateBoutique.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Intellectual Property Rights
All content, graphics, code and software used on or incorporated into this web site, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to CelebrateBoutique.com, and all rights thereto are specifically reserved. Permission is granted to electronically copy and print hard copies of pages from this web site solely for personal, non-commercial purposes related to the placement of an order or shopping with CelebrateBoutique.com. Any other use of this web site or content or information contained in this web site is strictly prohibited, unless the written permission of CelebrateBoutique.com first is obtained.
CelebrateBoutique.com relies upon a network of independent vendors who supply some of the goods advertised on the site and, in some cases, drop ship them directly to our customers. CelebrateBoutique.com is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through this site, or items advertised on the Site, by its vendors.
Accuracy of Content; Future Modifications to Web Site; Limitations on Quantity
The information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. Errors will be corrected as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged). If a product offered by us is not as described, your sole remedy is to return it in unused condition. We apologize for any inconvenience.
Fraud
CelebrateBoutique.com actively reports and prosecutes actual and suspected credit card fraud.
We may require further authorization from you such as a telephone confirmation of your order and/or other information. Our decision to require further authorization is at our sole discretion. CelebrateBoutique.com reserves the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected.
CelebrateBoutique.com captures certain information during the order process, including time, date, and other information that will be used to locate and identify individuals committing fraud. If any CelebrateBoutique.com order is suspected to be fraudulent, all records will be submitted with or without a subpoena to all law enforcement agencies and to the credit card company for fraud investigation. CelebrateBoutique.com will cooperate with authorities to prosecute offenders to the full extent of the law.
Copyright Infringement; Notice and Take Down Procedures
If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must: (1) identify the allegedly infringing materials; (2) indicate where an authorized version can be obtained; (3) provide your name and contact information; (4) state that you have a good faith belief that the materials are infringing; (5) state that the information in your claim is accurate; and (6) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. Our contact for copyright issues relating to this Site is: Gea Somma Inc. dba Celebrate Boutique, 222 N. Albany Ave., N. Massapequa, NY 11758 info@CelebrateBoutique.com.
Disclaimer of Warranty
This web site, and any information or content on this web site, are provided "as is" with all faults. CelebrateBoutique.com makes no representations or warranties of any kind, whether express or implied, with respect to this web site or content or information available on or through this website, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Except as otherwise provided under applicable laws, neither CelebrateBoutique.com nor its affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of this web site or any other web site linked to this web site. This limitation of liability applies to direct, indirect, sequential, special, punitive, or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if CelebrateBoutique.com is notified in advance of the potential for any such damages.
CelebrateBoutique.com does not make any representations or warranties about any web site you may access
through this web site. Any such web site is independent from CelebrateBoutique.com, and CelebrateBoutique.com has no control over, or responsibility with respect to, the information provided or activities undertaken by any such web site. A link between CelebrateBoutique.com and another web site further does not mean that CelebrateBoutique.com endorses that web site. You need to make your own independent decisions regarding your interactions or communications with any other web site.
For more information on CelebrateBoutique's customer service, please email us at customercare@CelebrateBoutique.com.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Privacy Issues
We are concerned about privacy matters for our customers. Please review our Privacy Notice, which also governs your visit to our Site.
Risk of Loss
The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
Termination of Use
The Company may, in its sole discretion, terminate or suspend your use or access to all or part of the Site, for any reason, including without limitation, breach of these Conditions of Use. If at any time, we notify you that your access to and /or use of the Site is terminated, you must cease and desist from all such access and/or use immediately. In the event these Conditions of Use are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.
Jurisdictional Issues
We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Enforcement of Terms of Use
These Conditions of Use and any dispute of any sort that might arise between you and CelebrateBoutique.com or its affiliates or subsidiaries will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the State or Federal Courts of the State of New York and the venue for any such action shall lie in the county court located in Nassau County, New York; provided, however, that notwithstanding anything contained in these Conditions of Use to the contrary, we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.
Severability; Modifications
If any part of these Conditions of Use is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. We reserve the right to make changes to the Site and our policies and promotions at any time.
CelebrateBoutique.com's Affiliates
CelebrateBoutique.com' s affiliates are registered with us through our CelebrateBoutique.com Affiliate Program. CelebrateBoutique.com is not affiliated with Web sites or organizations that sell or advertise our products without a written agreement with us. CelebrateBoutique.com reserves the right to void all service, return, and other policies for orders and CelebrateBoutique.com products that were purchased through non-affiliated sellers. CelebrateBoutique.com is not responsible for any representations by non-affiliated sellers.
Entire Agreement
These Conditions of Use constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
For Additional Information
If you have any questions about these Conditions of Use, please contact info@CelebrateBoutique.com.
Updated as of September 12, 2008
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