Legal

Terms of service

Welcome to Overstuffed Closet Boutique LLC. (including website located at www.ClosetStuffed.com).

Overstuffed Closet Boutique LLC. (including any of its subsidiaries or affiliates, collectively, “Overstuffed Closet Boutique LLC. ,” “we,” “us” or “our”) provides this Site as a service to its customers.

These terms and conditions (“Terms”) govern and apply to anyone accessing or using the Site (“users,” “you” or “your”).

Please note that your use of our Site constitutes your agreement (the “Agreement”) to follow and be bound by these Terms. If you do not agree to these Terms, please do not use this Site.

We reserve the right to update or modify the Terms at any time without prior notice.

Your use of the Site following any such updates or modifications constitutes your agreement to follow and be bound by the Terms as updated or modified.

For this reason, we encourage you to review the Terms whenever you use this Site.

Site Contents

All of the contents you see and hear on the Site (“Content” or collectively “Contents”), including, but not limited to, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Overstuffed Closet Boutique LLC. or by third parties who have licensed their materials to Overstuffed Closet Boutique LLC..

The Contents of the Site are intended solely for the personal and noncommercial use by the users of our Site.

1. do not copy or post the Content on any network computer or broadcast the Content in any media
2. do not modify or alter the Content in any way, delete or change any copyright or trademark notice.

No right, title or interest in any Content is transferred to you as a result of any such usage.

Overstuffed Closet Boutique LLC. reserves complete title and full intellectual property rights in any Content you download, reproduce, print, redistribute or store from this Site.

As such, except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the Content without first obtaining written permission from Overstuffed Closet Boutique LLC..

User Comments

All comments, feedback, postcards, suggestions, ideas, and other submissions (collectively, the “Comments”) disclosed, submitted or offered to ClosetStuffed.com on this Site or in connection with your use of this Site shall constitute an assignment of all worldwide rights, titles and interests of any Comments and shall be and remain Overstuffed Closet Boutique LLC. property.

Overstuffed Closet Boutique LLC. will own exclusively all such assigned rights, titles and interests and shall not be limited in any way, commercial or otherwise.

Overstuffed Closet Boutique LLC. is and shall be under no obligation to

1. maintain any Comments in confidence
2. pay to user any compensation for any Comments
3. respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights.

You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material.

You are and shall remain solely responsible for the content of any Comments you make.

Use of Site

Harassment in any manner or form of the Site, including via email, chat or by obscene or abusive language is strictly forbidden.

Impersonation of others, including a Overstuffed Closet Boutique LLC. or other licensed employee, host, or representative as well as other members or visitors of the site is prohibited.

You may not upload to distribute or otherwise publish through this Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.

You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization.

Third Party Links

In an attempt to provide increased value to our users, Overstuffed Closet Boutique LLC. may provide links to various third-party websites.

However, even if affiliated with Overstuffed Closet Boutique LLC., Overstuffed Closet Boutique LLC. has no control over the linked sites, all of which have separate privacy and data collection practices independent of Overstuffed Closet Boutique LLC..

Overstuffed Closet Boutique LLC. is not responsible or liable for these independent policies or actions, privacy practices or the content of such websites.

The linked sites are only for your convenience and therefore you access them at your own risk.

Terms of Sale

Offer / Acceptance

By placing an order on the Site, you are

1. offering to purchase a product,
2. representing that you are of legal age to form a binding contract and
3. representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided.

The receipt by you of an order confirmation does not constitute Overstuffed Closet Boutique LLC.’s acceptance of an order. We retain the right to refuse any request made by you.

Prior to Overstuffed Closet Boutique LLC.’s acceptance of an order, verification of information may be required.

Overstuffed Closet Boutique LLC. reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Overstuffed Closet Boutique LLC., for any reason whatsoever.

Overstuffed Closet Boutique LLC. reserves the right to limit the number of items ordered and to refuse service to you without prior notification.

Typographical Errors

In the event a Overstuffed Closet Boutique LLC. product is listed at an incorrect price due to typographical error or systems error, Overstuffed Closet Boutique LLC. shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price.

Overstuffed Closet Boutique LLC. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

If your credit card has already been charged for the purchase and your order is canceled, Overstuffed Closet Boutique LLC. shall issue a credit to your credit card account in the amount of the incorrect price.

Pricing Policy / Colors

Overstuffed Closet Boutique LLC., through our Site, is committed to offering convenience, service and product availability online at the same compelling prices as our affiliate Overstuffed Closet Boutique LLC. stores.

At the same time, Overstuffed Closet Boutique LLC. reserves the right to change any features, specifications, and prices of products at any time without notice to you.

As such, while merchandise offered on our Site will usually be priced the same as merchandise offered at our affiliate Overstuffed Closet Boutique LLC. stores, in some cases, including but not limited to promotional events, prices may differ.

Additionally, we have done our best to display, as accurately as possible, the colors of the products shown on the Site.

However, because the colors you see will depend on external circumstances, including but not limited to your monitor setting, we cannot guarantee that your monitor’s display of any color will be accurate.

Enforcement of Terms

By accessing and using the Site, you agree that your access to and use of the Site is subject to these Terms, as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of California, United States of America.

You also agree that monetary damages may not provide a sufficient remedy for Overstuffed Closet Boutique LLC. should you violate the Terms and therefore consent to injunctive or other equitable relief for such violations.

All proceedings relating to the Site, these Terms of Use, or any transaction, including the sale of any products, using this Site, shall be brought only in the state or federal courts of Los Angeles County, California, USA, and you.

DISCLAIMER AND LIMITATION OF LIABILITY

Overstuffed Closet Boutique LLC. ASSUMES NO LIABLITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION, SERVICES AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SITE OR PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, PRODUCTS OR ANY THIRD PARTY WEBSITES OR PRODUCTS.

YOU EXPRESSLY UNDERSTAND THAT THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Overstuffed Closet Boutique LLC. DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OF A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Overstuffed Closet Boutique LLC. DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ADDITIONALLY, Overstuffed Closet Boutique LLC. DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

Overstuffed Closet Boutique LLC. SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS.

Arbitration Agreement

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Overstuffed Closet Boutique LLC. agree to the following dispute resolution procedure for any dispute related to this transaction: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Overstuffed Closet Boutique LLC. website, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.

Should the parties not be able to resolve the Dispute within 30 days of the notice, then you and Overstuffed Closet Boutique LLC. agree that we will agree upon an arbitration provider that accepts consumer disputes (i.e., AAA or JAMS) and that is convenient to both parties, and that the provider’s rules for consumer arbitrations will apply to our proceedings. You and Overstuffed Closet Boutique LLC. agree that we will give up their rights to go to court to assert or defend claims related to this transaction but instead will resolve our Dispute through binding individual arbitration. YOU AND Overstuffed Closet Boutique LLC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY AND IN SO DOING YOU AND Overstuffed Closet Boutique LLC. HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION (EITHER AS A NAMED-PLAINTIFF OR CLASS MEMBER), AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND.

This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act.

Indemnification

You agree to indemnify, defend, and hold harmless Overstuffed Closet Boutique LLC., its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your account.

Denial of Access

These Terms of Use constitute an agreement that is effective unless and until terminated by Overstuffed Closet Boutique LLC..

If in Overstuffed Closet Boutique LLC.'s sole discretion you fail to comply with any term or provision of this agreement, Overstuffed Closet Boutique LLC. may deny you access to the Site.

In the event of denial of access by Overstuffed Closet Boutique LLC., you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force.

These Terms of Use constitute the entire agreement between you and Overstuffed Closet Boutique LLC. relating to the subject matter addressed herein.