Terms of Service
TERMS AND CONDITIONS OF SERVICE
La Maison Bridal, LLC. (“La Maison Bridal,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.lamaisonbridal.com (the “Site”) and through its related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time If we do this, we will post the change(s) on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
THESE TERMS OF SERVICE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW IN THESE TERMS OF SERVICE.
ACCESS AND USE OF SERVICE
Services Description: The Service is designed to provide women with great dresses (“items”) selected by our personal stylists and the customer at initial virtual appointment (each shipment of items, a “box”). For more details about the Service, please see www.lamaisonbridal.com. With each box, you have 48 hours after it is delivered to review the selection of items and try them on (“try-on period”). Each box that we ship to you will include a non-refundable $150, $250 or $350 fee (depending on delivery method selected) that will be credited towards any purchase within THAT box (“styling fee”). The credit of your box shipping will only apply if the item is purchased and paid for before your box is returned. We charge you for all items not returned in accordance with the Return Policy, below, at the end of the try-on period, although we may bill you earlier in certain circumstances (for example, if you return your box before the try-on period is over, if you request us to, if we have reason to believe that the order is fraudulent, if there has been a pattern of credit issues, or if we notify you that we will do so). There are no order minimums or long-term ordering commitments. To protect you and La Maison from fraud, La Maison bridal may contact you from time to time to verify your identity prior to sending you a Box. You may be asked to provide basic information about yourself to verify your account. Upon confirmation of your identity, La Maison Bridal will send you a box. La Maison Bridal reserves the rights to terminate your account, to refuse any and all current or future use of the Site or the Service, and not to do business with any Member or anyone else, each as La Maison Bridal deems appropriate in its sole discretion for any reason.
Return Policy; Shipping: You may return all items from a particular box you receive through the Service (in accordance with the instructions below and those provided with such box) within 48 hours after it is delivered. For free returns, any items must be returned using the pre-paid return label and box provided by La Maison Bridal, and items must be unworn (other than “tried-on”), in their original condition and include all original tags and packaging. Shipping is not available outside the continental CANADA. Members will be charged fees for shipping or return shipping as per agreement with the La Maison Bridal starting at $50 within Ottawa (where we will give you advance notice) All items you receive through the Service will be shipped by a third-party carrier.
Modifications to Service: La Maison Bridal reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that La Maison Bridal will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
CONDITIONS OF USE
User Conduct: You are solely responsible for all photographs, video, images, information, data, text, software, music, sound, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by La Maison Bridal. La Maison Bridal reserves the right to investigate and take appropriate legal action against anyone who, in La Maison Bridal’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
1. Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of La Maison Bridal, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose La Maison Bridal or its users to any harm or liability of any type;
2. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
3. violate any applicable local, state, national or international law, or any regulations having the force of law;
4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. solicit personal information from anyone under the age of 18;
6. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
7. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
8. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Prices, Fees and Billing: More information on charges, fees and payments is provided above. To receive a box, you will be required to provide La Maison Bridal with information regarding your credit card or other payment instrument. You represent and warrant to La Maison Bridal that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay La Maison Bridal the styling fee and other charges incurred in accordance with this Terms of Service. You hereby authorize La Maison Bridal to bill your payment instrument in accordance with this Terms of Service, and you further agree to pay any charges so incurred. If you dispute any charges you must let La Maison Bridal know within thirty (30) days after the date that La Maison Bridal bills you. The current price for each item will appear on the packing list along with the Box, when shipped to you. We may change the price we charge for a particular item (although the price of an item shipped to you will not change before the applicable try-on period is over). We reserve the right to institute fees for any portion of the Service, but if we do, we will honor the price for when you originally signed up for the Service. If items are returned damaged or stained, we reserve the right to follow these billing procedures:
1. Stained items, customer will be responsible for a $299 cleaning fee per bridal gown and a $99 cleaning fee per accessory.
2. Damage fees, customer will be responsible for a $249 fee per bridal gown for repairs needed by a seamstress and a $99 fee per accessory for repairs needed on accessories.
3. Replacement fees, if a gown is damaged beyond repair or cleaning customer will be charged 50% of the price of the gown or accessory.
4. If items are simply not returned the customer will be charged the full purchase price of the item.
5. If a fitting tool is not returned the customer will be charged as follows: $25 per fitting clip, $20 per expandable clip, $5 per measuring tape.
6. If box is not shipped back within 48 hours of receiving it a $100 a day late fee will be charged to the card on file.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
INTELLECTUAL PROPERTY RIGHTS
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by La Maison Bridal, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of La Maison Bridal, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by La Maison Bridal.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant La Maison Bridal and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”) provided by you to La Maison Bridal are non-confidential and La Maison Bridal will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that La Maison Bridal may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of La Maison Bridal, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
TERMS AND CONDITIONS FOR ITEMS PURCHASED
1. General: These Terms and Conditions (“Terms”) constitute the entire understanding and agreement between the Customer and La Maison Bridal relating to the purchase of the items set forth on the invoice (the “Items”) and supersedes and replaces any and all prior agreements, whether written or oral, that may exist between them with respect thereto. These Terms may be amended only in a writing signed by both the Customer and La Maison Bridal.
2.No Refunds: ALL SALES ARE FINAL. Except as provided in Section 3, no refunds, exchanges, returns or cancellations are permitted once an order is placed with La Maison Bridal by Customer.
3. Pick Up/Shipping; Acceptance. La Maison Bridal will order Items from the manufacturer or its distributor only upon receiving full payment from Customer for the Items. The Items will be delivered to the store, in most cases, within nine months. La Maison Bridal will notify Customer when Item(s) are ready for pick up/shipping by the Customer at La Maison Bridal (hereafter, the “Notice to Pick Up”). Within seven calendar days of the date of the Notice to Pick Up, Customer has the right to inspect all Items for defects in material or workmanship, notify La Maison Bridal in writing of any such defects, and decline those defective Items. In the event Customer elects to decline the defective Items, La Maison Bridal and/or the manufacturer shall have sole discretion as to whether to replace, repair, or provide the Customer with a credit for any Items determined to be defective. Customer’s right to decline any defective Items is Customer’s sole and exclusive remedy hereunder, and Customer expressly waives any remedy available to it under Section 2, Part 7 of the Uniform Commercial Code. Customer shall have no right to return or exchange Items beyond seven days from the date of the Notice to Pick Up and no right to return or exchange non-defective Items. Acceptance of the Items shall automatically be deemed to have occurred upon the earlier of: Customer signing a Pickup Slip or expiration of seven days past the date of the Notice to Pick Up. Customer’s acceptance of the Items shall be irrevocable.If Customer fails to pick up the Items within seven days of the date of Notice to Pick Up or arrange shipping, a twenty-five dollar ($25.00) per week fee will be assessed and billed to Customer, in addition to any other rights and remedies La Maison Bridal may have at law or hereunder. All accounts must be paid in full before Items may be removed from the store. If Customer is unable to pick up the Items, it is the Customer’s responsibility to notify La Maison Bridal and provide the name of the person who is authorized to pick up the Items. Once Items are removed from the store, Customer bears all risk of loss as to such Items.
4.Alterations; Cleaning. Customer acknowledges that alterations to the Items will more than likely be required and there is no guarantee as to the fit of any Item. The cost of alterations and materials needed is not included in the sale price. La Maison is not responsible for the fit of Items or alterations needed due to a change in the Customer’s measurements, whether or not attributable to weight loss or gain by Customer or the person on behalf of whom Customer is procuring the Items. Any measurements set forth on the invoice shall be conclusive evidence of the Customer’s measurements at the time of Customer’s order. La Maison is not responsible for the cleaning of a sample sale gown.
5. WARRANTY DISCLAIMER. UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN, ALL ITEMS ARE SOLD AS-IS, AND LA MAISON BRIDAL HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OF THE ITEMS AND ANY OTHER REPRESENTATION OR WARRANTY.
6.LIMITATION OF LIABILITY. CUSTOMER ACKNOWLEDGES THAT ANY ITEMS ORDERED ARE OF THE TYPE, DESIGN, COLOR, SIZE, AND MANUFACTURER SELECTED SOLELY BY CUSTOMER. CUSTOMER ACKNOWLEDGES THAT LA MAISON BRIDAL IS NOT A MANUFACTURER OR REPRESENTATIVE THEREOF. LA MAISON BRIDAL SHALL NOT BE LIABLE FOR ANY POTENTIAL COLOR, STYLE, OR SIZE VARIATIONS IN THE ITEMS, DEFECT OR OTHER INADEQUACY, OR FOR SHIPPING DELAYS BY THE MANUFACTURER, UNLESS DIRECTLY CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF LA MAISON BRIDAL. IN NO EVENT WILL LA MAISON BRIDAL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, PAIN AND SUFFERING OR MENTAL ANGUISH, RELATED TO OR ARISING OUT OF PURCHASES MADE HEREUNDER. IN NO EVENT WILL LA MAISON BRIDAL BE LIABLE FOR ANY DIRECT DAMAGES, RELATED TO OR ARISING OUT PURCHASES MADE HEREUNDER IN EXCESS OF THE PRICE PAID BY CUSTOMER FOR THE ITEM WHICH IS THE SUBJECT OF THE CLAIM.
7. Force Majeure. Any delay or failure in the performance by La Maison Bridal shall be excused if and to the extent caused by the occurrence of a Force Majeure. Force Majeure shall mean a cause or event that is not reasonably caused by or under the control of La Maison Bridal, including acts of God, fires, floods, explosions, riots, wars, hurricane, terrorism, vandalism, governmental acts, injunctions, labor strikes, and errors or omissions of a manufacturer or its distributor.
8. Governing Law; Enforcement. These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. For the purpose of all legal proceedings, this Agreement will be deemed to have been made and performed in the Province of Ontario and the courts of the Province of Ontario will have exclusive jurisdiction to entertain any action arising under this Agreement. The IESO and the Participant each hereby attorns to the exclusive jurisdiction of the courts of the Province of Ontario. In the event of a dispute relating to Customer’s purchases, La Maison Bridal may recover from Customer all expenses and attorney fees it incurs in enforcing these Terms, including costs of collecting any unpaid amounts due from Customer.
9.Miscellaneous. The failure of either party to enforce any right granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of further breaches. Invalidation of any of the provisions contained herein, or the application of such invalidation thereof to any person, by legislation, judgment or court orders shall in no way affect any of the other provisions hereof or the application thereof to any other person, and the same shall remain in full force and effect, unless enforcement as so modified would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes here.