Terms

  1. General Provisions

boutiquemartinow.com operates this website (the “Website”). boutiquemartinow.com is referred to as “we” or “us”.

These general terms and conditions (the “Terms”) govern your access to and use of the Website and all content, information and products available on or through the Website. Among other things, we provide information about various products and services, as well as opportunities to obtain more information about or purchase those products and services. Unless expressly provided otherwise herein, these Terms and the information we provide in no way supersede the terms and conditions of your purchase of any products or services.

By accessing or using the Website, you acknowledge that you have read and understand these Terms of Use and that you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use or are not happy with the Website, please do not access or use the Website.

Please also read our Privacy Policy, which also applies to your use of the Website.

Special Note Regarding Children: The Website is not designed for or intended for children under the age of 13, but the Website may offer children’s products for purchase by adults. If you are under the age of 18, you should use the Website only with the involvement of a parent or guardian. Children under the age of 13 are not allowed to submit any personally identifiable information to us, and if we discover that we have inadvertently collected any such information from children under the age of 13, we will take appropriate steps to delete it.

  1. Changes to Terms

We reserve the right to modify these Terms or impose new terms and conditions on access to or use of the Site at any time, at our sole discretion, without prior notice. Such modifications and supplements shall be effective immediately upon posting of the modified or supplemented Terms and Conditions on the Site. It is your responsibility to review the Terms periodically to be aware of any modifications that may affect your rights or obligations. You agree that you will be deemed to have been informed of and to be bound by any modifications to these Terms. Any access to or use of the Site by you after these Terms have been modified or supplemented shall constitute and be deemed your acceptance of such modifications or supplements.

  1. Termination

You or we may suspend or terminate your Account (as defined below) or your use of the Site at any time for any or no reason. You shall be personally responsible for any orders placed or charges incurred prior to termination. We reserve the right to change, suspend or discontinue all or any aspect of the Site at any time without notice.

  1. Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations relating to your use of the Site and, if applicable, your purchases from us on the Site.

  1. Content

All design and content on the Site, including text, images, photographs, graphics, logos, illustrations, instructions, data and other materials, and the selection, assembly and arrangement thereof, collectively the “Content”, are copyrights, trademarks, trade dress and/or intellectual property owned, controlled or licensed by us. The entire Site is protected by copyright and applicable trade dress. The Content may contain inaccuracies, omissions or typographical errors, or may be out of date. We may change, delete or update any Content at any time without notice. The Content is for informational purposes only and shall not be binding on us except as expressly stated. You may view and use the Content only for your personal, non-commercial use and for shopping and ordering on the Site and for no other purpose, and you shall retain all copyright and other proprietary notices. Without limiting the foregoing, we do not grant you or any other person any right to use, copy, reproduce, modify, transmit, display, publish, sell, license, create derivative works from, publicly perform or distribute any Content on or through the Site in any manner, method or process, whether now known or hereafter developed, including without limitation by transferring, downloading or otherwise copying any Content to any disk drive or other storage medium. Any use of the Content except as expressly permitted in these Terms or in the Content or in a writing signed by us is strictly prohibited.

  1. Orders

You may order products from the Site only if you are at least the age of majority in your jurisdiction. You agree to pay in full the price of the goods purchased plus any applicable taxes. Certain products and services you may purchase or download through the Site may be subject to additional terms and conditions presented to you during the purchase or download process.

Nothing contained on the Site constitutes a binding offer to sell any product displayed on the Site, and all orders are subject to our acceptance. We may accept or reject your order or any future orders at any time in our sole discretion after receipt of your order. If you have previously paid, we will refund your original payment method. If we change or cancel an order, we will attempt to notify you via the email and/or billing address/phone number provided when the order was placed. You may not purchase our products for the purpose of resale.

By purchasing from the Site, you agree that we may share information about you and your transactions with other entities for various purposes, including (but not limited to) processing your transactions, collecting any unpaid debts, operating our fraud prevention programs, and obtaining credit card authorizations. Our information collection and use policies are set forth in the Privacy Policy.

Products listed on the Site are not guaranteed to be available, as products may be out of stock or out of stock after an order is completed. Products displayed on the Site may not be available in certain stores, and vice versa. Prices of products (including sales) may vary by site and store or region. Prices displayed on the Site are quoted in U.S. dollars and are valid only in the United States.

Once an order is placed, it will be shipped to the address specified by the buyer, provided that such shipping address complies with the shipping restrictions on the Site. All purchases from the Site are made pursuant to a delivery contract. Therefore, the risk of loss and title for goods purchased from the Site pass to you upon delivery of the goods to the carrier. You are responsible for filing any claims against the carrier for damage and/or loss of goods.

  1. Links to the Site.

You may not create or maintain any links from other websites to any page on the Site without our prior written permission. You may not run or display the Site or any materials displayed on the Site in frames or similar means on any other website without our prior written permission. Any permitted links to the Site must comply with the terms and conditions of our license and all applicable laws, rules and regulations.

  1. Linked Third-Party Websites

You may link (through various methods, including hyperlinks, clickable images or text, banners and widgets) to third-party websites, applications and services from the Site, and third-party websites may link to the Site (“Linked Sites”). The Linked Sites are not operated, controlled or maintained by us, and you acknowledge and agree that we are not responsible for any information, content, advertising, products, services or other materials on any Linked Sites, and linking to Linked Sites does not constitute an endorsement, approval or sponsorship thereof. We assume no responsibility for any viruses or malicious code that may appear on any Linked Sites, the accuracy of any information provided by them, or any goods or services provided by or purchased from such Linked Sites. If you rely on any Linked Site, you do so at your own risk and assume all liability and consequences arising therefrom.

  1. boutiquemartinow.com Mobile Messages
    By subscribing to boutiquemartinow.com mobile messages, you consent to receive periodic autodialed marketing messages to the phone number you used at the time of opting in. Message frequency may vary. Message and data charges may apply. Consent is not required to purchase any goods or services. Mobile carriers are not responsible for delayed or undelivered messages. You can review our Privacy Policy here.
  2. Pricing and Product Information

While we have done our best to display our products and their colors as accurately as possible, the colors displayed for the products depend on the user’s display settings and device, and we cannot guarantee that your electronic device will accurately render the actual color of the product. The prices of the products displayed are subject to change. We are not responsible for typographical errors in pricing or other matters.

We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card has been charged. If your credit card has been charged and we cancel your order, we will refund the amount to your credit card. Your individual bank policy dictates when this amount will be credited to your account.

  1. Registration

Use of certain features on the Site may require the creation of an account (“Account”) and the submission of personal information (including the creation of a username and password for accessing the Account). The Site’s information collection and use policies are set forth in the Site’s Privacy Policy, which is incorporated herein by reference. You agree to provide only true, accurate, current and complete information.

You agree to accept responsibility for all activities that occur under your Account, if any, and agree that you will not sell, transfer or assign your Account or any rights associated with your Account. You are responsible for maintaining the confidentiality of your password, if any, and for limiting access to your computer so that others cannot use your Account to access password-protected portions of the Site. We have no obligation to verify the actual identity or authority of anyone using your Account. We reserve the right to suspend or terminate your Account or restrict your access to all or part of the Site for any reason, in our sole discretion and without notice to you.

  1. Submission of Materials

We appreciate hearing from our customers and welcome your comments about our services and products. However, any and all content, comments, feedback, suggestions, ideas, concepts, questions or other communications (collectively, “User Content”) submitted or posted by you on the Site shall be considered non-confidential and non-proprietary. By submitting or posting any User Content, you grant us and our affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to reproduce, publish, translate, modify, create derivative works from, distribute, copy or use the User Content in any commercial or non-commercial manner. We are free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate or otherwise rely on such information. We have no obligation to monitor User Content, use or display User Content, pay you compensation for submitting User Content or respond to any User Content. We reserve the right to remove, modify or refuse to post any User Content in our sole discretion, without prior notice, for any reason or no reason.

By submitting User Content, you represent and warrant that such User Content does not (i) contain false or misleading information, (ii) infringe the intellectual property rights of any third party, (iii) contain any libellous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information, or (v) contain computer viruses, worms or other harmful files. You are solely responsible for your User Content, and you hereby agree to indemnify and hold us and our employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising out of or related to your breach of any of the foregoing representations or your violation of any law or third-party rights.

  1. Disclaimer

We make no warranties or representations about the Website or any linked website or its contents, including the content, information and materials thereon, or the accuracy, completeness or timeliness of the content, information and materials thereon. We also make no warranty or representation that your access to or use of the Website or any linked website will be uninterrupted or error-free, that defects will be corrected, or that the Website or any linked website are free of computer viruses or other harmful components. We assume no liability for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading or uploading of any materials, data, text, images, video or audio from the Website. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website.

Without limiting the foregoing, all content and materials on the Site are provided to users “as is” without warranty of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, accuracy, course of dealing, course of performance, or usage of trade, to the maximum extent permitted by applicable law. We make no warranty that all or part of the Site will meet your requirements. The “as is” condition of the Content is expressly stated as a condition of any transaction entered into through or as a result of the Site.

No advice, results or information, whether oral or written, obtained by you from us or through the Site shall create any warranty not expressly made herein. The Company does not necessarily endorse, support, approve, encourage or agree with any Site Content or any User Content, or any opinion, advice, content, links, data or recommendations, whether express or implied, and the Company expressly disclaims any and all liability in connection with User Content and any other content, materials or information provided on or through the Site by users or other third parties. Use of the Site, creation of an account or submission of any User Content does not guarantee the acceptance or use of such content.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Please check your local laws for any restrictions or limitations on the exclusion of implied warranties.

  1. Limitation of Liability

In no event shall we, our subsidiaries and affiliates, their respective directors, officers, employees or agents, or our or their suppliers or their respective directors, officers, employees or agents be liable to you or any third party for any indirect, consequential, incidental, special or punitive damages, including, without limitation, lost profits and business interruption, whether in contract or tort, including negligence, howsoever arising, arising out of any product or service sold or offered on the Site, even if we are expressly advised of the possibility of such damages. In no event shall our liability exceed the price paid by you for the product or service in question.

  1. Indemnification

You agree to defend, indemnify and hold us, our subsidiaries, affiliates and suppliers and their respective affiliates and related entities, and their respective directors, officers, employees and agents harmless from and against all claims, losses, damages, liabilities and expenses (including, without limitation, reasonable attorneys’ fees and court costs) arising out of, related to or in connection with your use of the Site, including, without limitation, (i) your breach of these Terms, (ii) any allegation that information in materials you submit (including any User Content) infringes the intellectual property rights of any third party, or (iii) any activity related to your account.

  1. Prohibited Uses

The Site may be used only for lawful purposes and solely for your personal, non-commercial use, which is limited to browsing the Site, purchasing products, providing information to the Site, and downloading product information for your personal viewing. You are responsible for your own communications, including the transmission, posting and uploading of information, and for the consequences of such communications to the Site. We expressly prohibit, and you agree not to use, the Website for any of the following purposes:

Post any information that is incomplete, false, inaccurate, or not your own;
Engage in conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any city, state, national, or international law or regulation that is inconsistent with generally accepted Internet protocols;
Communicate, transmit, or post material that is copyrighted or owned by a third party unless you are the copyright owner or have the owner’s permission to post the material;
Communicate, transmit, or post material that discloses trade secrets unless you own those secrets or have the owner’s permission to post them;
Communicate, transmit, or post material that infringes on any other intellectual property, privacy, or publicity rights of others;
Communicate, transmit, or transfer information or software obtained from the Website to a foreign country or certain countries in any way in violation of any applicable export control laws;
Attempt to interfere in any way with the security of the Website or our network or network, or attempt to use the Website’s services to gain unauthorized access to any other computer system; and
Communicate, transmit, or post material that violates applicable laws or regulations.

  1. Security

Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate incidents, including cooperating with law enforcement agencies and prosecuting any user involved in such violations. You may not violate or attempt to violate the security of the Site, including, without limitation, the following:

Access data not belonging to you or log into a server or account that you are not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or making a successful attempt to do so);
Attempting to interfere with or disrupt the operation of the Site, our provision of services to any other visitor to the Site, our hosting providers or our networks, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “mailbombing” or “crashing” the Site; and
Forging any TCP/IP packet header or any part of the header information in any email, transmission or posting to the Site.

  1. Governing Law

These Terms shall be governed by, construed and enforced in accordance with the laws of the United States, without regard to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by the appropriate federal or state court located in the state, city and county of jurisdiction.

  1. Miscellaneous

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision of these Terms shall not affect the enforceability of that portion of the provision that an applicable court deems enforceable. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Site. You may not assign these Terms or any of your rights or obligations hereunder without our express written consent. These Terms inure to the benefit of our successors, assigns, and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.