General Terms and Conditions
LAST UPDATED: 10/01/2024
OVERVIEW
This website is operated by Emily Boston. Throughout the site, the terms “we”, “us” and “our” refer to Emily Boston. Emily Boston 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 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 content creators.
Please read these Terms of Use carefully before using our website. By accessing or using the website, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not use the services offered by Emily Boston. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or resources 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 Shopify Inc. which provides us with the e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Use, you represent that you are at least the age of majority or that you are the age of majority and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor violate any laws in your jurisdiction (including but not limited to copyright laws) when using the Service.
You may not transmit any worms or viruses or any other code of a destructive nature.
Violation of any of the Terms will result in immediate termination of our Services and possible notification to law enforcement.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service at any time for any reason.
You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy, sell, resell or in any way exploit any portion of the Service, use of or access to the Service, or any contact on the website through which the Service is provided without our express written permission.
The headings used in this Agreement are for convenience only and are not intended to limit or affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We accept no liability if information contained on this website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information is not necessarily current and is for reference purposes only. We reserve the right to change the content of this website at any time. However, we have no obligation to update the information on our website. You agree that it is your responsibility to keep yourself informed about changes to our website.
We collect reviews from real customers, but we may not display all reviews, but we use them as feedback to improve quality and service.
SECTION 4 - CHANGES IN SERVICES AND PRICES
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - DELIVERY
We currently ship to all locations within the United States. Shipping rates and estimated delivery times are available on our Shipping Policy Page.
SECTION 6 - REFUSAL OF DELIVERY
If an item is brought to a collection point (after you have been away) and you have not collected it within the agreed time frame, this will be considered a rejection of an order.
SECTION 7 - RETURN POLICY
Our Returns and Refunds Policy sets out the conditions under which you may return or exchange an item. Please see our Return and Refund Policy page for more details
SECTION 8 - PRODUCTS OR SERVICES (if applicable).
Certain products or services may only be available online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
Every effort has been made to ensure that the colors and images of our products shown at the store are as accurate as possible. We cannot guarantee that colors will be correctly displayed on your computer screen.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any particular person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services that we offer. 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.
We do not guarantee that the quality of any products, services, information, or other materials purchased or received by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 9 - 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 apply to 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 will attempt to notify you by using the e-mail and/or billing address/phone number you 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 merchants, 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 their expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 10 - 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 available" without any warranties, representations or conditions and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Your use of optional tools offered through the website 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). These Terms of Use also apply to such new features and/or services.
SECTION 11 - LINKS TO THIRD-PARTY PROVIDERS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions about third-party products should be directed to the third party.
SECTION 12 - COMMENTS, FEEDBACK AND OTHER USER SUBMISSIONS
If you send creative ideas, suggestions, proposals, plans, or other materials to us online, by email, by postal mail, or otherwise (collectively, "Comments") in response to our invitation (for example, a review) or without an invitation, 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. as well. We have no obligation to (1) maintain any comments in confidence, (2) pay any compensation for any comments, or (3) respond to any comments.
We have the right, but not the obligation, to remove Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property rights or these Terms of Use. , to check, edit or delete.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personal 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 assume no responsibility for any comments posted by you or any third-party.
SECTION 13 - PERSONAL INFORMATION
Your provision of personal information through Emily Boston is subject to our Privacy Policy. Click here for our privacy policy.
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally the information on our Site or Service may contain 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 an order 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 update date in the Service or on any related website should be taken to indicate that any information in the Service
SECTION 15 - PROHIBITED USES
In addition to any other prohibitions contained in the Terms of Use, you are prohibited from (a) using the Site or its content for any unlawful purpose; (b) to encourage others to commit illegal activities; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, defame, slander, disparage, intimidate, or discriminate against others based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may in any way interfere with the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phishing, pharm, pretext, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.
SECTION 16 - DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice.
You expressly agree that your use of, or inability to use, the Service and/or the Products is at your sole risk. The Service and all products and services made available to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Emily Boston, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. damages of any kind, including, but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related to your use of the Service or any product, including, but not limited to, errors or omissions in any Content, or loss or damage of any kind incurred as a result of the use of the Service or any Content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold Emily Boston harmless
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Use and such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 19 - TERMINATION
The obligations and liabilities of the parties arising prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use shall remain in effect until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date
SECTION 20 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the author.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of our website or the Service following the posting of any changes to these Terms of Use will be deemed your acceptance of those changes.
SECTION 23 - CONTACT INFORMATION
Do you have any questions? We are available 7 days a week and answer all your questions!
If you want a product returned or have any questions, we are here to help!
In addition to filling out the contact form, you can contact us in several ways, see below:
Contact:
Email: info@emilyboston.com
Phone: +1 (480) 400-7872