MICHELLE-EN-VOGUE – U.S. TERMS AND CONDITIONS
Michelle-en-Vogue.com ("Michelle-en-Vogue" or the "Site") provides website features to you subject to the following conditions. If you visit or shop at Michelle-en-Vogue, you accept these terms and conditions. Please read them carefully. Please exit the website immediately if you do not accept these Terms and Conditions or are accessing the Site in a country or other territory where use of the Site is not permitted.
We may need to update these Terms and Conditions from time to time. We recommend that you regularly check this page to ensure that you have read the most recent version.
When you visit Michelle-en-Vogue or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT AND TRADEMARKS
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Michelle-en-Vogue or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Michelle-en-Vogue and protected by U.S. and international copyright laws.
Michelle-en-Vogue owns the trademark rights to the terms "MICHELLE-EN-VOGUE" and "MICHELLE-EN-VOGUE.COM" and other Michelle-en-Vogue graphics, logos, page headers, button icons, scripts, and service names that are trademarks or trade dress of Michelle-en-Vogue in the U.S. and/or other countries. Michelle-en-Vogue's trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Michelle-en-Vogue.
LICENSE AND SITE ACCESS
Michelle-en-Vogue grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Michelle-en-Vogue. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Michelle-en-Vogue. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Michelle-en-Vogue without express written consent. You may not use any meta tags or any other "hidden text" utilizing Michelle-en-Vogue's name or trademarks without the express written consent of Michelle-en-Vogue. Any unauthorized use terminates the permission or license granted by Michelle-en-Vogue. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Michelle-en-Vogue so long as the link does not portray Michelle-en-Vogue, or its products or services in a false, misleading, derogatory, or otherwise offensive matter.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The purchase of merchandise from Michelle-en-Vogue is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of Michigan. Michelle-en-Vogue does sell products for children, but it sells them to adults, who can purchase with a credit card, debit card, or other permitted payment method. If you are under 18, you may use the Site only with involvement of a parent or guardian. Michelle-en-Vogue reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
ORDERS AND CANCELLATIONS
All orders are subject to acceptance and availability. Michelle-en-Vogue offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally, however, certain items may be out of stock or waiting for shipments from our designer suppliers. Please note that items in your shopping basket are not reserved and may be purchased by other customers until the order has been placed.
Please be advised that once an order has been placed, we are unable to cancel or modify the order for any reason.
Prices shown on the Site are in U.S. Dollars and are exclusive of taxes and shipping charges. You will be charged the price shown on the website on the date of your order, unless that price reflects an error. You will not be entitled to a price adjustment should the price change subsequent to your order. If you are shipping within the United States sales tax will only be charged on orders shipped to the state of Michigan. No other tax or import duty will be applied to orders shipped within the United States.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an e-mail acknowledging the details of your order. This e-mail is NOT an acceptance of your order.
Acceptance of your order will be completed upon the dispatch the goods to you at which time you will receive a second e-mail containing your tracking number, and confirming that your order has been dispatched.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within these Terms and Conditions.
Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by credit card, debit card, or by any other method which may be clearly advertised on the site from time to time. Your credit/debit card will be charged upon completion of the packing of your order by Michelle-en-Vogue. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Michelle-en-Vogue, we will not be liable for any delay or non-delivery. In the event that you are unable to make payment by credit card or debit card, please contact customer service by sending an e-mail to Sabine.firstname.lastname@example.org to discuss the possibility of other payment arrangements.
Michelle-en-Vogue uses UPS (United Parcel Service) for all of our customer order shipments domestically within the United States and USPS (United States Postal Service) internationally.
UPS Ground Shipping within the United States is free of charge on all orders over $150.00.
For orders under $150.00 or shipped outside of the United States, we only charge a $10 shipping flat-rate domestically. All international orders are $35 flat-rate. In addition, shipments to Alaska and Hawaii may incur additional shipping costs due to their location outside of the 48 contiguous states.
If you prefer another method of delivery, please email us at email@example.com .
If your order is being delivered internationally, it may be subject to import duties and taxes, which are levied once a shipment reaches your country. You will be responsible for paying additional charges for customs clearance; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; please contact your local customs office for further information. Additionally, when ordering from Michelle-en-Vogue, you are the importer and must comply with all laws and regulations of the destination country. You authorize us to designate a carrier to act as your agent with the relevant customs and tax authorities in the destination country, to clear your merchandise and advance (on your behalf) any duties and taxes owed by you.
Your privacy is important to us, and we know that you care about how information about your order is used and shared. We would like our international customers and customers shipping products internationally to be aware that cross-border shipments are subject to opening and inspection by customs authorities.
Also, we may provide certain order, shipment, and product information, such as description, to our international carriers, and this information may be communicated by the carriers to customs authorities to facilitate customs clearance and comply with local laws.
Please be aware that if the order is a gift, the cost of the item is still stated on the customs form. Customs authorities require us to state the value of the gift item directly on the package.
SHIPPING INSURANCE AND RISK OF LOSS
Michelle-en-Vogue insures each purchase that is shipped within the United States during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Michelle-en-Vogue and transfer of responsibility in the same way.
Risk of loss and title for merchandise shipped internationally will pass to you upon Michelle-en-Vogue's delivery to the carrier.
If you decide to refuse any shipment from Michelle-en-Vogue, you are responsible for the original shipping charges to you as well as any duties, taxes, and/or customs charges that re incurred on the package (on both the original and the return shipments), and the cost of returning the package to Michelle-en-Vogue.
RETURNS AND EXCHANGES
If you wish to return an item, a Returns Merchandise Authorization (RMA) number must be requested by sending an e-mail to Sabine.firstname.lastname@example.org. Upon receipt of your request, an RMA number will be provided to you by return e-mail.
Returns are accepted for a full refund to your credit/debit card (excluding shipping & handling charges and any other fees that may have applied) within 14 days from the date of your receipt of the item. Returns received after 14 days but within 30 days from the date of your receipt of the item will be accepted but will be subject to a 20% restocking fee. Returns received after 30 days from your receipt of the item will not be accepted or refunded, and Michelle-en-Vogue will return the item to you at your expense or dispose of the item.
Items marked "sale items" qualify for a full refund pursuant to the terms above. Items marked "Final Sale Items," however, cannot be returned and will not be refunded for any reason at any time.
All returned items must be in original condition, including all original packaging and the original invoice. Michelle-en-Vogue will not accept any item that is returned with obvious signs of wear or with any of the original tags from the designer and/or Michelle-en-Vogue removed or missing.
If you are returning an item from within the United States, shipping your returned item is easy and free using the prepaid UPS return label. After you have received your RMA number, book a free collection with UPS by calling 1-800-823-7459 or drop your shipment off at any UPS facility. To find your nearest UPS facility, visit http://www.ups.com.
If you are returning an item from outside of the United States, you are responsible for choosing a carrier and paying all shipping costs. In addition, we strongly recommend that you insure your return and get proof of delivery in case your package gets lost or damaged in transit, as Michelle-en-Vogue assumes no responsibility for items lost or damaged in shipment. Please be aware that you will not be refunded or reimbursed for your shipping and insurance costs for international returns.
All returned items must be shipped to:
Attn: Stacey Furgason
5210 Cypress Bay Drive
Kalamazoo, Michigan 49009 USA
If you wish to exchange an item for an alternative product or size, please follow the procedures above to return the original item. Once the original item has been returned and the purchase price (excluding shipping & handling and other costs) has been refunded to your credit/debit card, you may then place a new order on the Site for the alternative product or size.
If you have a received an item from Michelle-en-Vogue as a gift, you may exchange it for credit to your Michelle-en-Vogue account in the amount of the returned merchandise (excluding shipping & handling and other costs) within 30 days of from the date of the original purchaser's receipt of the item. The credited amount will be automatically applied to your next purchase from Michelle-en-Vogue and will be valid for a period of one year from the date that the credit is issued. To arrange for a gift return, please send an e-mail to Sabine.email@example.com.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MICHELLE-EN-VOGUE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MICHELLE-EN-VOGUE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MICHELLE-EN-VOGUE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MICHELLE-EN-VOGUE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM MICHELLE-EN-VOGUE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MICHELLE-EN-VOGUE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
ERRORS AND INACCURACIES
We attempt to ensure that the information on the Site is accurate and complete. However, we do not represent or warrant that the information on the Site is accurate, complete, error-free, reliable, or current. This includes pricing and availability information. We reserve the right to correct any errors or omissions, and to change or update information at any time without prior notice. We also reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information. We reserve the right to withdraw, temporarily or permanently, any content from the Site. You acknowledge that Michelle-en-Vogue is not liable to you or to any third party for such withdrawal, cancellation, or refusal.
We have made every effort to display as accurately as possible the colors of the products that appear on our site. However, because computer monitors vary, we cannot guarantee that your monitor's display of any color will be completely accurate.
By visiting Michelle-en-Vogue, you agree that the laws of the United States, State of Michigan, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Michelle-en-Vogue.
Any dispute relating in any way to your visit to Michelle-en-Vogue or to products or services sold or distributed by Michelle-en-Vogue shall be adjudicated in the United States in any state or federal court in Michigan, and you consent to exclusive jurisdiction and venue in such courts.
You agree fully to defend, indemnify and hold harmless Michelle-en-Vogue, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of these Terms and Conditions by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Site.
MODIFICATION AND EVERABILITY
We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
7636 Dunross Drive
Portage, MI 49024
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Michelle-en-Vogue's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Michelle-en-Vogue that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Michelle-en-Vogue's Copyright Agent for notice of claims of copyright infringement on its Site can be reached as follows:
5210 Cypress Bay Drive
Kalamazoo, MI 49009