Introduction
Welcome to our website Xhilaration.shop (“Website“), owned and operated by Xhilaration LLC (“Company“, “we“, “our“, “us“). These Terms of Use (“Terms“) are a binding contract between you and Company regarding your use of the Website. Please read them carefully. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Website. These Terms apply to all visitors, users, and others who access the Website (“Users“, “you“, “your“).
By accessing or using the Website, you represent that you have the legal authority to accept these Terms on behalf of yourself and any party you represent in connection with your use of the Website. You further represent that you are at least 18 years old. If you are under 18 years old, you may not use the Website.
1. Website Overview
The Website sells bikinis, dresses, swimsuits, bras, sleepwear, and other apparel products branded Xhilaration®. Users may browse products, read product descriptions, add items to a shopping cart, place orders, make payments, create user accounts, communicate with Company via email or phone, and engage in other Website-related activities.
2. Changes to Terms or Website
We may modify the Terms at any time. Updated versions of the Terms will be posted here and are effective immediately upon posting. Please check back frequently so you are aware of any changes. Your continued use of the Website after a change constitutes your acceptance of the new Terms.
We may change, restrict access to, suspend, or discontinue the Website at any time and for any reason. We may also impose limits on certain features, services or products offered through the Website. We will not provide notice before doing any of these things. We are not liable for any such actions.
3. Your Account with Us
In order to purchase products, receive updates from us, post content, participate in special programs, or access certain features, services or functionality, you may be required to create an account with us. When creating your account, you agree to:
- Provide accurate, current and complete information as prompted by our registration form, including a valid email address (joint registrations require a separate email address for each user);
- Maintain and promptly update your information to keep it accurate, current and complete;
- Maintain the security and confidentiality of your login credentials and restrict access to your account and your computer, tablet or mobile device;
- Accept responsibility for all activities that occur under your account and any other actions taken in connection with the Website; and
- Immediately notify us if you discover or suspect that someone has accessed your account without your authorization or is otherwise using your login credentials without your permission.
We are not liable for any loss or damage arising from your failure to comply with the above requirements.
4. Order Process and Fulfillment
Orders: All orders for products are subject to approval and confirmation by us. We reserve the right to refuse or cancel any order prior to shipment for reasons such as unavailability of product, pricing errors, or problems related to your credit card. If an order is canceled, we will refund your payment. Additional terms apply to orders. See the Checkout and Order Processing section below.
Pricing: All prices posted on the Website are subject to change without notice. Price changes will not affect any order that we have confirmed and shipped. Posted prices do not include taxes or charges for shipping and handling. Applicable taxes and charges will be shown during checkout and charged with your order.
Promotions: Promotional codes, discounts, and other promotions are subject to terms which will be made available upon request. Discounts and promotions may not be combined unless expressly stated. We reserve the right to terminate any promotion at any time without notice. Previous orders are not eligible for promotional retroactivity.
Shipping: We will arrange for shipment of your order to you. We generally use common carriers for this purpose. Shipping dates displayed on the Website are good faith estimates only and are subject to change. Title to products and risk of loss pass to you when delivered by us to the carrier. Shipping and delivery dates are not guaranteed. We are not liable for any delays in shipments. Additional shipping terms apply. See the Shipping section below.
Returns: Information about our returns process and policies is provided below in the Returns section.
5. Shipping
Shipping Methods and Timing: We offer various shipping options through common carriers. Estimated delivery times are shown during checkout based on the shipping method selected. We cannot guarantee dates upon which delivery will be made. Delayed deliveries are not deemed to be a breach of contract under these Terms.
Shipping Locations: We currently ship only to addresses located in the United States. We do not ship to P.O. boxes. We reserve the right to limit quantities shipped to any location. If you submit an order for an address outside the United States or an address we do not ship to, we will cancel the order.
Shipping Costs and Restrictions: Shipping costs are not included in product prices displayed on the Website. Applicable shipping costs will be displayed during checkout based on the delivery address and method selected. We reserve the right to increase shipping costs at any time, though such changes will not impact any order we have already confirmed. Certain products and promotions include free shipping or other shipping promotions, which will be made clear during checkout.
Damaged Goods: We take care in preparing shipments, but mistakes sometimes happen during shipping. If you receive a shipment that is damaged, contact us within 5 days after you receive the damaged goods and provide your order information and details about the damage. We will work with you to make the situation right, which may include providing you with a return label to send damaged goods back to us for a refund or sending you replacement goods. This is your sole remedy if you receive damaged goods.
6. Payments
We accept most major credit and debit cards, as well as PayPal. We may change accepted payment methods at any time without notice. You are responsible for keeping your billing information current and your chosen payment account in good standing.
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we may suspend or cancel your access to the Website and Account. We reserve the right to impose quantity limits on orders that you place, and we reserve the right to impose additional conditions for certain forms of payment based on risk.
7. Checkout and Order Processing
Order Acceptance: An order acknowledgment means that we have received your order, chargeable payment information, and shipping information. It does NOT mean that your order has shipped or been accepted. Per the Order Process and Fulfillment section above, all orders are subject to acceptance by us, and we reserve the right to refuse or cancel orders.
Order Cancellation: You may cancel unfulfilled orders at any time prior to shipment. To do so, please call or email our customer service department (contact info below). After an order has shipped it may no longer be cancelled. Partial cancellations are not permitted; the entire order must be cancelled. Any amounts paid for canceled orders will be refunded.
No Reselling: You represent and warrant that you do not intend to and will not purchase products for the purpose of reselling them. You further represent that you do not intend to and will not make more than one purchase of each product for yourself or anyone else. We reserve the right to limit order quantities to maintain adequate inventory for other customers.
Product Descriptions: We attempt to provide accurate product descriptions on the Website, but we do not warrant that such descriptions are accurate, current, reliable, complete, or error-free. If a product offered on the Website is not as described, your sole remedy is to return it per our Return Policy.
Pricing Errors: If the price posted on the Website for a product is incorrect due to typographical error or systems issue, we will notify you and give you the option to re-confirm your order at the correct price or to cancel. If we are unable to contact you, the order will automatically be cancelled and any amount charged will be refunded to you in full.
Tax: Applicable state and local sales taxes may be applied to your order.
8. User Content
Users may share reviews, photos, comments or other content as allowed through interactive features on the Website. By submitting any such content on or through the Website, you grant us a perpetual, royalty-free license to use, copy, modify, distribute, publish, sublicense, and process the content however we see fit.
You are responsible for your public posts and all personal information you make available through the Website. We may remove any content at any time, though we are not obligated to do so. Under no circumstances will we be liable for any use or disclosure of any of your content.
Do not share any content that you do not want made public. Content posted publicly may be indexed by search engines or used by third parties. We are not your agent or representative for transactions conducted on the Website.
9. User Conduct
You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation.
- To send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content Standards set out below.
- To impersonate or attempt to impersonate another person, or provide fraudulent credit card information or other personal information.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which may harm Company or users of the Website.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.
- Intentionally try to gain unauthorized access to any part of the Website through hacking, password mining or other means.
- Attempt to obtain any content or information through any means not intentionally made available through the Website.
10. Content Standards
User content must comply with the following standards:
- Cannot be false, inaccurate or misleading.
- Cannot be fraudulent, deceptive, unfair, or illegal.
- Cannot infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party.
- Cannot violate any law, statute, ordinance or regulation.
- Cannot be defamatory, libelous, unlawfully threatening or harassing.
- Cannot contain or transmit viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
- Cannot advertise or engage in commercial activities or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- Cannot contain content that is offensive, obscene, sexually explicit, violent, harassing, profane or derogatory of any ethnic, racial, gender, religious, age, disability or other protected class.
11. Copyright and Trademark Complaints
If you believe your intellectual property rights have been violated on the Website, please notify our designated copyright agent in writing:
Copyright Agent
Xhilaration LLC
123 Anywhere St.
Anytown, US 12345
To be effective, your notice must include the following:
- Sufficient detail to identify the copyrighted work or trademark claimed to be infringed.
- A statement that you believe in good faith that the disputed use is not authorized by the intellectual property or trademark owner, its agent or applicable law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that you are authorized to make the complaint on behalf of the owner.
- Your contact information, including email address.
- A physical or electronic signature of the intellectual property or trademark owner, or authorized representative.
12. Return Policy
Returns Within 30 Days: You may return any unused product(s) within 30 days of delivery for a full refund by sending the product back to the return address provided with your shipment. You are responsible for return shipping costs. We recommend using a trackable shipping service or purchasing shipping insurance, as we are not responsible for lost or stolen return shipments. Returns may be subject to restocking fees up to 50% of the purchase price.
Returns for Damaged or Defective Goods: If any product arrives damaged or contains material defects, please contact us within 5 days of receiving the product(s) so that we can make arrangements for repair, refund, or replacement as appropriate. We may require photographic evidence of damage or defects, and damaged goods must be returned to us. This paragraph provides your sole remedy for receipt of damaged or defective products.
Exchanges: We do not offer exchanges. You must return unwanted products for refund and re-order any replacement items.
Refunds: Approved refunds may take 2-3 weeks to be processed. Refunds will be made in the original form of payment used to make the corresponding purchase if possible, otherwise refund checks will be issued. Return shipping costs will be deducted from the refund amount for standard returns made under the 30 day return policy above.
Restocking Fees: Products must be returned in original condition with tags and in re-sellable state. We reserve the right to charge restocking fees up to 50% of the purchase price, particularly for returns that appear used, damaged, or are missing parts or accessories.
13. Disclaimers and Limitations
No Warranties: THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Inaccuracies: THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS AND OUT-OF-DATE INFORMATION. WE ARE NOT RESPONSIBLE FOR ANY SUCH INACCURACIES.
Harm to Your Device: YOU USE THE WEBSITE AT YOUR OWN RISK. WE WILL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER, MOBILE DEVICE, OR DATA CAUSED BY USE OF THE WEBSITE.
Availability: WE MAY SUSPEND OR TERMINATE OPERATION OF THE WEBSITE AT ANY TIME FOR ANY REASON. ACCESS MAY BE INTERRUPTED DUE TO SYSTEM FAILURES, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER REASONS.
Limitation of Liability: UNDER NO CIRCUMSTANCES WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE. THIS LIMITATION APPLIES REGARDLESS OF LEGAL THEORY AND WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THE WEBSITE EXCEED ONE HUNDRED U.S. DOLLARS ($100).
14. Indemnification
You agree to defend, indemnify and hold harmless Company and our affiliates, directors, officers, stockholders, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation of any term of these Terms.
15. No Third Party Beneficiaries
Nothing in these Terms, express or implied, confers or is intended to confer any rights or remedies upon any person other than the parties to these Terms.
16. Choice of Law and Jurisdiction
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. Any dispute arising from or relating to the subject matter of these Terms will be finally settled in Delaware state court, or Federal court located in Delaware. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
17. Severability
If any provision of these terms is found unenforceable, then that provision will be severed, and all other provisions will remain in effect.
18. Additional Policies
Additional policies incorporated into these Terms include:
- Privacy Policy
- Cookie Policy
19. Contact Us
Please contact us with any questions or concerns regarding these Terms and Conditions:
Xhilaration LLC
123 Anywhere St.
Anytown, US 12345
Email: [email protected]
Phone: 555-123-4567