TERMS & CONDITIONS
1.2 Acceptance of Terms. To shop with us, you need to be at least 16 years old. Any accessing, browsing, or otherwise using the Services indicates your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms, then you should immediately discontinue access or use of the Services. Please read this Agreement carefully before proceeding.
2. USE OF OUR SERVICES
2.1 Representations. When you use our Services, you agree to the processing of the information and details and you state that all information and details provided are true. You represent and warrant that you are at least 16 years old or are visiting the Services under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, Nana's Boutique hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services by displaying it on your internet browser, for our Site, or on your mobile devices, for our Apps, only for the purpose of shopping for personal items sold on the Site or Apps and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
2.2 Limitations on Use. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful.
Additionally, you agree not to:
use the Services for any unlawful purposes, or in a way that could violate any applicable federal, state, local, or international law or regulation;
to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose us or them to liability;
use the Services in any manner that could disable, overburden, damage, or impair the Site or Apps or any other party’s use of the Services;
use any robot, spider or other manual or automated device, process, software or means to index or access the Services for any purpose;
use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;
otherwise attempt to interfere with the proper working of the Service.
2.3 Account Creation and Termination. In order to access some features available on the Services, you will have to create a User Account. You may not use another person’s account. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site or Apps in a manner consistent with the terms and conditions of this Agreement, and the Company has no obligation to investigate the authorization or source of any such access or use of the Services.
You will be solely responsible for all access to and use of the Services by anyone using the password and identification originally assigned to you whether or not such access to and use of this Site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. In no event shall we be liable for any loss, theft or fraudulent use of your User Account. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of the Site security. Please do not use the same password for this Site that you use for other sites.
The User Account is provided for the regional Site that is used for the initial setup (e.g. Nana's Boutique ). Depending on the Site through which you create your User Account, your account will be administered by the entity responsible for using that Site, as set forth in Section 1.1 Scope (for example, if you created your account on us. Nana's Boutique.com, then your account will be administered by Nana's Boutique Distribution Corporation). If you already have an account as of the Effective Date of these Terms, then depending on the location affiliated with your account, your account will be administered by the entity set forth in Section 1.1 Scope (for example, if your billing address is in the United States, then your account will be administered by Nana's Boutique Distribution Corporation). If you reside in one country but order products to be shipped to another country, you may be redirected to the local Site of the country to which the products are shipped.
From time to time, we may restrict access to some or all parts of the Services, including, but not limited to, the ability to upload documents, make payments, or send messages.
We may terminate your access to the Services at any time, in our sole discretion, without cause or notice, or if we believe you have breached these Terms. You may terminate your account anytime, for any reason, by following any such instructions within the Site or contacting us as described in the “Contact Us” section below.
By creating an account with us, you acknowledge that we may send you promotional or marketing emails from time to time. If you do not wish to receive those emails, please use the link provided in those emails to unsubscribe from our email list.
(1) If you create a User Account, you will be provided with a Nana's Boutique digital wallet ( “Wallet” ) that can be used to collect and hold wallet credits, gift cards, promotional coupons, and promotional points issued by Nana's Boutique via the Services. Wallet credits, gift cards, promotional coupons, and promotional points stored in your Wallet can only be redeemed with Nana's Boutique in connection with the purchase of products from Nana's Boutique and not for any other purpose. The Wallet is accessible at any time via the local Site or App in the section “My Assets.” Your total assets, including wallet credit, gift cards linked to an account, and coupons with a dollar value, cannot exceed $2,000 on any given day. In addition, we may further provide a value limit to each of wallet credit, gift cards linked to an account, and coupons with a dollar value at our sole discretion.
When you use our Services and place orders through them, you agree to provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary.
We respect your right to privacy. To fully understand how we collect and use your personal information, including how to unsubscribe from non-transactional communications from us.
If you detect an error in your order after the completion of the payment process, you should immediately contact us to correct the error.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm an item's price until after you place your order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
5. TRADE RULES
5.1 Price and Payment. All prices are exclusive of sales and use tax and other taxes (where applicable), which will be charged to you separately at the applicable rate. If for some reason, we cannot ship your goods, the value of the items that are not shipped will be refunded to your Wallet in your User Account or your original method of payment, whichever you select.
All prices are exclusive of delivery charges. The total cost of the order is the price of the products ordered and the delivery charge plus sales and use tax and other applicable taxes.
Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an Order Confirmation.
Once you have selected all articles that you wish to buy, they will be added to your bag. The next step will be to process the order and make the payment. To that end, you must follow the purchase process steps, indicating or verifying the information requested in each step. Furthermore, before payment, you can modify the details of your order throughout the purchase process. You are provided with a detailed description of the purchase process. Also, if you are a registered user, a record of all the orders placed by you is available in "My Account". If your order triggers a fraud alert in our security system, a verification email may be sent to your email address.
When you click "Buy Now," or “Place Order,” and “Continue,” or alike, you are confirming that the credit card is yours. Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver, and we will be unable to conclude any contract with you.
Please note single-day purchase limitations: For customers in the United States, duties may be imposed if a purchase on a single day exceeds $800.
5.2 Colors. We have made every effort to display, as accurately as possible, the colors of our products that appear on the Services. However, because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately depict the color of the product you selected to purchase.
5.3 Packing. Unless otherwise provided, we will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading, or bracing requested by you will be paid for by you.
5.4 Shipping & Delivery. We ship from different warehouses in different countries. For orders with more than one item, we may split your order into several packages according to stock levels at our own discretion. We aim to deliver orders as quickly as possible. However, sometimes during busy sale periods, deliveries may take longer. Please contact us if you have not received your delivery within 90 business days.
5.5 Title and risk of loss. Title to any purchased items transfers from the respective Company selling entity (i.e., Nana's Boutique Distribution Corporation if you are in the United States) to you as the respective customer once the items are loaded onto the international carrier outside of your country. Because our delivery of your purchased item to the carrier shall constitute delivery to you, the risk of loss or damage shall pass on to you at the time we deliver your purchased item to the international carrier. Any claim you may have regarding damage to the item during shipping or delivery should be made directly to the carrier. Any claims against the Company for shortage or damage occurring prior to our delivery of the item to the carrier must be made within five (5) days after your receipt of the goods and must be accompanied by an original transportation bill signed by the carrier noting that the carrier received the goods from the Company in the condition claimed. To help protect buyers from the risk of loss due to lost or damaged goods, we generally offer a shipping guarantee (insurance) on the Site for purchase.
5.6 Return of product. Goods can be returned within 45 days from the purchase date by notifying us of your decision to do so via the respective function of the Site or App. Based on your wishes, we will either exchange the product or refund you the purchase price and shipping cost (free shipping will only be available for one return per purchase order). The refund will be credited either to your Wallet within your User Account or your original method of payment at your election. If you choose a store credit, you will not able to redeem the store credit for cash, except as required under applicable law.
The following items cannot be returned or exchanged: bodysuits, lingerie & sleepwear, swimwear, jewelry, and accessories (except scarves, bags, and mermaid blankets).
5.7 Reviews, Comments, and Submissions. Except as otherwise provided elsewhere in this Agreement or on the Services, anything that you submit or post to the Services and/or provide to the Site or Apps, including, without limitation, picture, video, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions" ) is and will be treated as non-confidential and non-proprietary, and by submitting or posting, you agree to irrevocably license the entry and all intellectual property ( “IP” ) rights related thereto (excluding the moral rights such as authorship right) to the Company without charge and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you, and you agree not to raise any dispute in connection with any use of the entry by us in the future.
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third-party claims. We assume no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defend and indemnify the Company against any losses caused due to the use of the Submissions for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site or Apps, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content that you post on the Site and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. You shall 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 Submissions or content. We may but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
Please note that individuals under 18 are prohibited from posting images to our Services of themselves or others under the age of 18.
6. INTELLECTUAL PROPERTY AND OWNERSHIP
6.1 Content. The Services, including all of their information and content, such as the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (collectively, “Content” provided as part of the Services, belong at all times to the Company or to those who grant us the license for their use and is protected by the U.S. and international copyright laws. You may use the Content only to the extent that we or the usage licensers authorize expressly.
You agree not to engage in the use, copying, or distribution of or create derivative works from any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict the use or copying of any Content or enforce limitations on use of the Site or the Content therein.
7. THIRD-PARTY LINKS AND RESOURCES
Our Site and Apps may contain links to third-party sites that are not owned or controlled by us. References on our Site and Apps to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.
We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services, including, but not limited to, any third-party social media or mobile app platform with which the Services operate or otherwise interact. The Company is not responsible for the acts or omission of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk and will be governed by such third party’s terms and policies (including its privacy policies). We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site or our Apps by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.
8. TEXT MESSAGING PROGRAM
8.1 Enrollment. If you enroll in our text messaging (SMS) program, you will be asked to consent expressly -- evidenced by the provision of your mobile telephone number, specified prompted keyword(s), or SMS/MMS or other text messages affirmative response, as your signature to agree to receive recurring automated marketing messages where such messages may be sent by our vendors or us to the mobile number you provided at opt-in. Such consent is not a condition of making any purchase.
General Terms & Disputes. Without limitation, our text messaging program is subject to these complete Terms, which contain provisions that govern how claims you and we have against each other are resolved (see Legal Disputes and Arbitration Agreement Section below), including an obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration unless you were opt-out in accordance with the Arbitration Section below.
8.2 Opting Out. You can opt out of receiving SMS/MMS text messages by responding STOP to any message you receive in our text messaging program or just texting STOP to the number from which you currently are receiving our text messages. In either case, you will receive one additional message confirming that your request has been processed.
8.3 Your Own Wireless Plan. As always, message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
8.4 Your Duties for Your Own Phone Number. You represent that you are the account holder or customary user for the mobile telephone number that you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for notifying us at the privacy center immediately. Neither we, our vendors and/or any mobile carrier is liable for delayed or undelivered messages. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the U.S. Telephone Consumer Protection Act.
8.5 Participation Subject to Termination or Change. We may suspend or terminate your receipt of automated marketing messages from us if we believe you are in breach of these Terms. Your receipt of these messages is also subject to termination in the event that your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without notice to you.
9. EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control ( "Force Majeure" ). Force Majeure shall include any act, event, failure to exercise, omission, or accident that is beyond our reasonable control, including, among others, the following:
Strike, lockout, or other forms of protest.
Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not), or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic, or any other natural disaster.
Inability to use trains, ships, aircraft, motorized transport, or other means of transport, public or private.
Inability to use public or private telecommunication systems.
Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
Strike, failure, or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect, and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time the Force Majeure lasted. We will provide all reasonable resources to end the Force Majeure to the extent we can or to find a solution that enables us to fulfill our obligations under the Terms despite the Force Majeure.
10. LIABILITY FOR PURCHASED PRODUCTS, WAIVER, AND STATUTORY CONSUMER RIGHTS
10.1 Company Liability. Unless otherwise indicated expressly in these Terms, our liability regarding any product acquired on our Site shall be limited strictly to the price of purchase of said product. Notwithstanding the above, our liability shall not be waived nor limited in the following cases:
in case of death or personal harm caused by our negligence;
in case of fraud or fraudulent deceit; or
in any case, it was illegal or illicit to exclude, limit or attempt to exclude or limit our liability.
10.2 Waiver of Liability. Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Terms indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:
loss of income or sales;
loss of profits or contracts;
loss of forecast savings;
loss of data; and
loss of business or management time.
10.3 Warranties. Due to the open nature of the Services and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of the Services unless otherwise indicated expressly on the Services. All product descriptions, information, and materials shown on the Services are provided "as is", with no express or implied warranties or conditions of the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the mutually intended transaction, in accordance with commercial reasonable expectations, being liable to you for any lack of conformity that exists at the time of delivery. It is understood that the goods are in conformity with the transaction or intended purchase if they: (i) comply with the description given by us and possess the qualities that we have presented on this Site; (ii) are fit for the purposes for which goods of this kind are normally used; and (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected To the extent permitted by law, we exclude all warranties and conditions (whether express or implied), except those that may not be excluded legitimately.
11. LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF Nana's Boutique TO YOU.
(1) BY USING THE SERVICES, YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND APPS, ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL DEFAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
(2) WE MAKE NO PROMISES WITH RESPECT TO AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
(3) YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
(4) YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
12. LEGAL DISPUTES AND ARBITRATION AGREEMENT FOR USERS IN THE UNITED STATES
Please Read the Following Clauses Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
12.1 Initial Dispute Resolution. We are available by email to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use our best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
12.2 Agreement to Binding Arbitration. If we do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to the Terms (including their formation, performance, and breach), your and our relationship, and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and we shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of the Terms, including, but not limited to, any claim that all or any part of the Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us, and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of the Terms shall be subject to the Federal Arbitration Act.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel, and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
You and we understand that, absent this mandatory provision, you and we would have the right to sue in court and have a jury trial. You and we further understand that the right to discovery may be more limited in arbitration than in court.
13. COPYRIGHT INFRINGEMENT AND DMCA POLICY
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by the Company violates your copyright, you are encouraged to notify us in accordance with the Digital Millennium Copyright Act.
We will respond to all such notices, including as required or appropriate, by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the Company or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
14. CONTACT US
We welcome your questions and comments about our privacy practices or these Terms. You may contact us anytime via email.