Terms of Service

Last updated: March 3, 2018

Welcome to Elettra Ferri. These Terms of Service ("Terms") govern your access to and use of the website elettraferri.com (the "Site") and any purchases you make through it. The Site is operated by Elettra Ferri ("we," "us," or "our").

Please read these Terms carefully before using the Site. By accessing the Site, creating an account or placing an order, you agree to be bound by these Terms and by our Privacy Policy, Shipping Policy and Refund and Return Policy, which are incorporated by reference. If you do not agree to these Terms, you may not use the Site.

1. Eligibility

You must be at least 18 years old, or the age of majority in your state of residence, to make a purchase on the Site. By using the Site, you represent that you meet this requirement and that you have the legal capacity to enter into a binding agreement.

2. Your account

You may create an account to make checkout faster and to view your order history. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. Please notify us immediately at hello@elettraferri.com if you suspect any unauthorized use of your account. We reserve the right to suspend or terminate accounts that violate these Terms.

3. Products

We make every effort to display our products as accurately as possible, including colors, fabrics and details. However, the colors you see depend on your screen, and we cannot guarantee that your display will reflect the true color of a product. Measurements provided in size guides are approximate.

All products are subject to availability. We reserve the right to limit the quantities of any product, to discontinue any product at any time, and to refuse or cancel any order at our discretion, including orders that appear to be placed by resellers or that we suspect to be fraudulent.

4. Pricing and payment

All prices are listed in U.S. dollars and exclude shipping charges and applicable taxes, which are calculated and displayed at checkout.

We reserve the right to change prices at any time without notice. Prices in effect at the time you place your order will apply to that order. In the event of a pricing error on the Site, we reserve the right to cancel any order placed at the incorrect price, whether or not the order has been confirmed, and to refund any amount charged.

We accept the payment methods displayed at checkout. By providing payment information, you represent that you are authorized to use the payment method and you authorize us to charge the full amount of your order, including shipping and taxes. Payments are processed by third-party payment providers, and we do not store your full payment card details.

5. Orders

When you place an order, you will receive an order confirmation email. This email acknowledges that we have received your order but does not constitute acceptance. Your order is accepted when we send you a shipping confirmation. We reserve the right to refuse or cancel any order before shipment for any reason, including product availability, pricing errors, or suspected fraud. If we cancel your order after payment has been taken, we will issue a full refund.

Please review your order carefully before submitting it. Once an order has been processed for shipping, it cannot be changed or cancelled. See our Shipping Policy and Refund and Return Policy for details.

6. Shipping, returns and refunds

Shipping, delivery, returns, exchanges and refunds are governed by our Shipping Policy and our Refund and Return Policy, which form part of these Terms. In summary, we ship within the United States with estimated delivery of 7–14 business days after shipment, and eligible items may be returned within 30 days of delivery.

7. Promotions and discount codes

Promotional offers and discount codes are subject to the specific terms stated with the offer. Unless otherwise stated, discount codes cannot be combined with other offers, cannot be applied to previous purchases, have no cash value and may be withdrawn at any time. We reserve the right to cancel orders that misuse promotional codes.

8. Gift cards

Gift cards purchased on the Site may be used only for purchases on the Site. They are not redeemable for cash except where required by law, and they cannot be returned or refunded.

9. Intellectual property

All content on the Site, including the Elettra Ferri name and logo, monograms, designs, text, graphics, photographs, images, videos, product descriptions, page layouts and software, is owned by or licensed to Elettra Ferri and is protected by copyright, trademark and other intellectual property laws.

You may not copy, reproduce, distribute, modify, publicly display, create derivative works from, or otherwise use any content from the Site for commercial purposes without our prior written permission. You may view and print pages from the Site for your personal, non-commercial use only.

"Elettra Ferri" and our logos are trademarks of Elettra Ferri. You may not use them without our written consent.

10. User content

If you submit reviews, comments, photographs or other content to the Site or tag us on social media ("User Content"), you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, publish and display that User Content in connection with our business, including on the Site, in advertising and on social media, with or without attribution.

You represent that you own or have the rights to any User Content you submit, that it does not violate the rights of any third party, and that it is not unlawful, defamatory, obscene or otherwise objectionable. We may remove any User Content at our discretion.

11. Prohibited uses

You agree not to use the Site:

• For any unlawful purpose or in violation of any applicable law
• To infringe the intellectual property rights of Elettra Ferri or any third party
• To submit false or misleading information, including false orders or payment details
• To interfere with the security or proper functioning of the Site, including by introducing viruses or malicious code
• To scrape, crawl, copy or harvest content or data from the Site by automated means
• To impersonate any person or entity
• To purchase products for the purpose of unauthorized resale
• To harass, abuse or harm any person

We reserve the right to terminate your access to the Site for violating any of these prohibitions.

12. Third-party links and services

The Site may contain links to third-party websites, and we may use third-party services such as payment processors and shipping carriers. We are not responsible for the content, policies or practices of any third party. Your interactions with third parties are solely between you and them.

13. Disclaimer of warranties

THE SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, ELETTRA FERRI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR THAT ANY DEFECTS WILL BE CORRECTED.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ELETTRA FERRI AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR ANY PRODUCT PURCHASED THROUGH IT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR ANY ORDER EXCEED THE AMOUNT YOU PAID TO US FOR THE ORDER GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the limitation of liability for certain damages, so some of the above limitations may not apply to you.

15. Indemnification

You agree to indemnify, defend and hold harmless Elettra Ferri and its owners, officers, employees and agents from and against any claims, damages, losses, liabilities and expenses, including reasonable attorneys' fees, arising out of or related to your breach of these Terms, your violation of any law or the rights of a third party, or your use of the Site.

16. Governing law

These Terms and any dispute arising out of or relating to them or to your use of the Site shall be governed by the laws of the State of [STATE], United States, without regard to its conflict of law principles.

17. Dispute resolution and arbitration

Please read this section carefully. It affects your legal rights.

Informal resolution: If you have a dispute with us, please contact us first at hello@elettraferri.com. Most concerns can be resolved quickly and informally. We agree to try in good faith to resolve any dispute for at least 30 days before either party begins formal proceedings.

Binding arbitration: If a dispute cannot be resolved informally, you and Elettra Ferri agree that any dispute, claim or controversy arising out of or relating to these Terms, the Site or any purchase shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction. Arbitration will take place in [COUNTY, STATE] or, at your election, by telephone or video conference.

Class action waiver: You and Elettra Ferri agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective or representative proceeding.

Small claims exception: Either party may bring an individual claim in small claims court if it qualifies.

Opt-out: You may opt out of this arbitration agreement by emailing hello@elettraferri.com with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. Opting out will not affect any other provision of these Terms.

18. Severability

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the remaining provisions shall remain in full force and effect.

19. Entire agreement

These Terms, together with our Privacy Policy, Shipping Policy and Refund and Return Policy, constitute the entire agreement between you and Elettra Ferri regarding your use of the Site and supersede any prior agreements.

20. No waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or of our right to enforce it in the future.

21. Changes to these Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page. Your continued use of the Site after any changes means you accept the updated Terms. We encourage you to review these Terms periodically.

22. Contact us

If you have any questions about these Terms, please contact us:

Elettra Ferri Email: hello@elettraferri.com Website: elettraferri.com