TERMS AND CONDITIONS OF SALE
The foregoing terms and conditions of sale (“Sale Terms”) apply to your purchases of any products from Emily’s List, except to the extent that you have entered into a separate written agreement with Emily’s List that supersedes some or all of these Sale Terms. These Sales Terms are subject to change without prior written notice at any time, in Emily’s List’s sole discretion. By placing an order for products through this Web site or any other web site of Emily’s List (the “Sites”), you agree to be bound by and accept the terms and conditions in effect at the time of such order. Other than as specifically provided in any separate written agreement between you and Emily’s List, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these terms and conditions.
1. Your Account
When you purchase from Emily’s List, an account will be created for you as part of the checkout process. You are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities that occur under your account.
2. Return and Refund Policy
Except as otherwise stated in these Terms of Sale, we have a 30-day return policy. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused, complete and in the same condition that you received it. Gift cards, perishable goods such as food, flowers, newspapers or magazines, and items labeled in the store as non-returnable may not be returned.
To return your product, you should mail your product to: 773 Victory Highway, West Greenwich, RI 02817. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary. If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at email@example.com.
Only regular priced items may be returned. Sale items are purchased on an “AS IS” basis and cannot be returned or refunded.
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at firstname.lastname@example.org and send your item to: 773 Victory Highway, West Greenwich, RI 02817
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.
3. Shipping Terms and Policies
It generally takes up to two weeks to receive your order. Once your order ships, you will receive an email with a tracking number and estimated delivery. If expedited shipping is required, please select that as your shipping choice.
All shipping charges are the responsibility of the customer. Shipping charges will be included on your invoice and can be viewed on a summary screen prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice, provided that if the actual shipping charge is more than the amount shown on your invoice, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order. All orders are shipped FOB Shipping Point. Title to products passes from Emily’s List to you upon shipment, and we are not responsible for any shipping delays or problems once the product has been shipped.
4. Back Orders
If for some reason an item on your order is temporarily out of stock, we will back order that item for you and ship the other merchandise immediately. Your packing slip will indicate back ordered items.
5. Product Availability and Pricing
Emily’s List and its suppliers continually upgrade and revise its products and service offerings to provide you with new products and services. Emily’s List may revise or discontinue products at any time without prior notice to customers, and products may become unavailable to customers even after an order is placed. All prices are subject to change without notice.
6. Product Descriptions; Pricing; Errors
Emily’s List attempts to be as accurate as possible and eliminate errors on this Site. However, we do not warrant that product descriptions, photographs, pricing or other content of this site is accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by Emily’s List is not as described or pictured, your sole remedy is to return it in unused condition for a refund. In the event of an error, whether on the Site, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
8. Who We Sell To
Emily’s List only sells products to adults. If you are under 18, you may use our online store only through the involvement of a parent or guardian. Emily’s List reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
ANY WARRANTY PRODUCTS PURCHASED THROUGH THIS SITE ARE PROVIDED BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY EMILY’S LIST. EMILY’S LIST ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS SOLD ON THIS SITE. EMILY’S LIST PROVIDES ALL PRODUCTS AND SERVICES ON AN “AS IS,” “AS AVAILABLE BASIS.
10. Limitation of Liability.
EMILY’S LIST WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. TO THE FULL EXTENT PERMITTED BY LAW, EMILY’S LIST’S LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THIS SITE.
11. Governing Law; Venue
These Sale Terms and your purchase of products from Emily’s List though this Site shall be governed by and construed in accordance with the laws of the United States and the District of Columbia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Sales Terms or your purchase of products shall be filed only in the state and federal courts located in the District of Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Sales Terms.