TERMS OF SERVICE
ACCURACY OF INFORMATION
JSI is not responsible or liable if information on the Site is not accurate, complete or current. We are providing the information or content on this Site for general informational purposes and it should not be the primary factor in making any decision. Your use of or reliance on any information or content on this Site is at your own risk and JSI reserves the right to modify the content on the Site.
Please also note that the information, content, and products on this site does not constitute a binding offer to sell the depicted products, make the depicted products available to you or in your location or sell any products to you. JSI in its sole discretion reserves the right to accept, decline, or cancel your order, or any portion thereof at any point, including, but not limited to, after the receipt of an order confirmation or after your credit card has been charged. The prices listed on the site are in United States Dollars, with such prices being valid and effective only in the United States. Further, if a product is listed at an incorrect price, you agree that JSI has no obligation to fulfill such order and may cancel the order. In the event your credit card has been charged and your order or any portion thereof is declined or canceled, a credit will be issued to your credit card. By placing an order, you represent and warrant that you are not purchasing any product with the intent to resale the same and you agree that you will not resell any item purchased from this Site.
All purchases are shipped via FedEx from our warehouse in New York. Customers in the 48 contiguous United States shall receive free Ground shipping when purchasing products on the Site worth $100 or more. For customers in non-contiguous states, FedEx Ground shipping shall be $15.00. For all US customers, regardless of contiguous or non-contiguous shipping address, FedEx 2nd Day shipping shall be $25.00, and FedEx Next Day shall be $45.00. Orders are processed and delivered Monday through Friday, excluding holidays. Saturday delivery shall be to residential addresses only. Orders placed on weekends and holidays or expedited orders placed after 1pm EST will ship on the next business day. While FedEx 2nd Day and FedEx Next Day orders are given top priority, FedEx Ground orders typically ship within 24 hours from the time the begin processing, pending availability and credit card verification. You agree that JSI shall not be responsible for unanticipated delays. Please note that purchases on the Site may not be shipped to P.O. boxes or APO/FPO addresses.
The cost of shipping and amount charged to your credit/debit card for international shipments at the checkout does not include any duties, tariffs, and/or taxes imposed by the country it’s being shipped to. These duties, tariffs, and/or taxes will be collected by FedEx and the rates will vary according to each country. All duties, tariffs and taxes will be collected by FedEx at the time the shipment is made. JSI is not responsible for any duties, tariff and/or taxes and it is the sole responsibility of you as the customer for these fees. All international customers will be charged shipping for their returns. Charges will be deducted at the time of refund.
All international orders placed after 3pm US EST will be shipped out the next day for both priority and economy shipping methods.
You shall have the opportunity to review, modify and confirm each transaction you are contemplating before placing the order. You should review each transaction thoroughly before committing to the same. Please be advised that The Site and Jill Stuart International LLC, (JSI) are unable to process exchanges or price adjustments on previously purchased products at this time. Returns will only be accepted by JSI on the following terms and conditions:
As all of our products are checked for quality before being sent, it is unlikely that you will receive any damaged products. In the unlikely event a damaged product is missed or where a product is not in satisfactory condition, please contact JSI immediately so we can work to resolve your problems.
There are no returns or exchanges on CLEARANCE, SAMPLE SALE or FINAL SALE items. Only full price items and sale items are eligible for return and refunds are only given in the original form of payment. Returns are not accepted in store if original purchase was made online. All cosmetics and fragrance sales are final.
In order to received a full refund on a return, less the cost of return shipping, of a full price or sale item(s), such returned product must be returned to JSI within 14 days of receiving the order and must be in the original saleable condition with all tags attached. The determination of whether a product returned to JSI is eligible for a return and refund is in the sole discretion of JSI. Any items not in original saleable condition with all tags attached, including without limitation to those items that are worn, altered, washed, solid or damaged, are not eligible for returns and will be returned back to the customer.
For your convenience, we have included a pre-paid FedEx return label with your packing slip. Simply affix the return label to the outside of your package. We suggest that you retain a record of the return tracking number for future reference. The return shipping costs will be deducted from your refund and is determined by the weight, zone shipped from and method of return. By using the provided pre-paid FedEx return label, you agree that you authorize JSI to deduct the amount charged for shipping the returned items. You may bring your return to your nearest FEDEX location or call for pickup for an additional $4 fee which will be deduced from your refund.
Once JSI has processed your return package, your refund will be processed in the original form of payment within 10 business days, less the return shipping costs. You will be notified via email to the address listed to your account when the transaction has taken place. Please note that your banking institution may require additional time to post the transaction to your account once they have received the information from JSI. If you have received an item as a gift, please contact us at firstname.lastname@example.org.
LIMITATION ON USE OF MATERIALS ON THE SITE
The Content on the Site is for your personal use only. You agree that you will not copy, reproduce, republish, distribute, display, download, transmit, sell or otherwise use or exploit any of the Content on the Site, including, without limitation, (a) create derivative works from the Site or the Content, (b) use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users; or (c) use any robot, spider, other automatic device or manual process to monitor or copy the Site or the Content without the express written permission of JSI.
INTELLECTUAL PROPERTY RIGHTS
Various trademarks, logos, service marks, trade dress and copyrighted material (the “IP”), whether or not they appear with the symbols ® ™ or ©, may appear on this site and are the property of, or were appropriately licensed by, JSI. The aforementioned IP are the property of and are controlled by their respective owner(s). The fact that the Site contains such IP shall not be construed as granting any person, explicitly or implicitly, the license or right to use such IP without the owner’s express written permission. JSI expressly reserves all rights not granted in and to the Site and its Content. The Content on the Site is protected by various intellectual property laws of the United States and other international countries. The Site and the compilation of Content on the Site by JSI is the exclusive property of JSI and is protected by trademarks, logos, service marks, trade dress and copyrights.
The Site may, from time to time, provide Content via links to third party content hosted on and operated by Third Parties. These links are provided to provide additional information and as a convenience to you and the content contained in such link may not have been reviewed by JSI. Please note that different terms of service or privacy policies may apply to such sites accessed via links from the Site. JSI shall not be responsible and assumes no liability for any losses or damages arising from your use of any linked site. The information and opinions on such linked sites are neither endorsed by nor reflect the belief of JSI. If you download any material from, provide any information to, or transact any business on a linked site, you do so solely at your risk.
REGISTRATION ON THE SITE
In order to utilize the full set of features on the Site, allow JSI to identify Users and/or contact the User should there be any issues, Users may be required to register on the Site by providing certain personally identifiable information to JSI, as well as selecting a password. The information sought by JSI may include, but is not limited to such User’s name, birth date, mailing and billing addresses, email address, telephone number and/or credit card information. Each User is responsible for choosing a suitable password and for protecting such password. You acknowledge and agree that (i) you are responsible for all acts and omissions that may occur through the use of your password; and (ii) that JSI may assume and rely on all orders and communications it receives through features that utilize your password have been made by you, unless JSI has been advised otherwise in writing. Should you become aware that your password has been compromised or that there was any unauthorized use of your password, you agree to change your password and notify JSI immediately.
YOU ACCEPT, ACKNOWLEDGE, AND REPRESENT THAT YOU UNDERSTAND THAT JSI, ITS AFFILIATES, CONTENT PROVIDERS, SUPPLIERS AND THIRD PARTIES ACTING AT THE SPECIFIC INSTRUCTION OF JSI DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER SUCH WARRANTIES MAY BE EXPRESS OR IMPLIED, AND THE DISCLAIMED WARRANTIES INCLUDE BUT NOT LIMITED TO ANY WARRANTIES (1) OF MERCHANTABILITY; (2) FITNESS FOR A PARTICULAR PURPOSE; (3) THAT ANY OR ALL CONTENT ON THE SITE IS NONINFRINGING; (4) IMPLIED FROM A COURSE OF PERFORMANCE; (5) IMPLIED FROM A PRIOR COURSE OF DEALING (6) THAT THE SITE WILL BE ACCESSIBLE, UNINTERRUPTED OR ERROR-FREE; (7) THAT THE SITE OR THE SERVER ON WHICH THE SITE RESIDES, OPERATES, OR MAKES THE SITE AVAILABLE TO YOU WILL BE SECURE OR VIRUS AND MALWARE FREE; OR (8) THAT CONTENT OR INFORMATION ON THE SITE IS COMPLETE, ACCURATE OR CURRENT. THE FOREGOING DISCLAIMERS SHALL APPLY EVEN IN THE EVENT YOU OBTAIN ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, FROM THE SITE, JSI, ITS AFFILIATES, OR THIRD PARTIES ACTING AT THE SPECIFIC INSTRUCTION OF JSI.
YOU ACCEPT, ACKNOWLEDGE, AND REPRESENT THAT YOU UNDERSTAND THAT (1) YOUR USE OF THIS SITE IN ANY MANNER IS AT YOUR SOLE RISK, AND WITHOUT RECOURSE; (2) THAT YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF THE SITE OR ANY PORTION THEREOF; (3) THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND JSI RESERVES ALL RIGHTS TO RESTRICT, PREVENT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY PORTION THEREOF AT ANY TIME IN JSI’S SOLE DISCRETION;(4) ANY INFORMATION SENT OR RECEIVED WHILE USING THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR REDIRECTED TO OR BY UNAUTHORIZED PARTIES; (5) YOU ARE RESPONSIBLE, AND AGREE TO HOLD HARMLESS JSI, ITS AFFILIATES, CONTENT PROVIDERS, SUPPLIERS AND THIRD PARTIES ACTING AT THE SPECIFIC INSTRUCTION OF JSI, FOR ANY AND ALL DAMAGES, INCLUDING ANY DAMAGE TO YOUR COMPUTER, NETWORKS, SERVERS, SYSTEMS, AS WELL AS ANY LOSS OF DATA, RESULTING FROM THE USE OF OR THE DOWNLOADING OF THE SITE OR ANY CONTENT, PROGRAMS, DATA OR ANYTHING ELSE FROM THE SITE TO YOUR COMPUTER. YOU SUCH AT YOUR OWN RISK AND AGREE TO HOLD HARMLESS JSI, ITS AFFILIATES, CONTENT PROVIDERS, SUPPLIERS AND THIRD PARTIES ACTING AT THE SPECIFIC INSTRUCTION OF JSI; AND (6) THAT YOU SHALL NOT FILE OR JOIN ANY COLLECTIVE OR CLASS ACTION CONCERNING THE SITE OR YOUR USE OF THE SITE.
YOU ACCEPT, ACKNOWLEDGE, AND REPRESENT THAT YOU UNDERSTAND THAT JSI, ITS AFFILIATES, CONTENT PROVIDERS, SUPPLIERS AND THIRD PARTIES ACTING AT THE SPECIFIC INSTRUCTION OF JSI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ENHANCED OR OTHER DAMAGES CONCERNING (1) THE SITE; (2) YOUR USE OF THE SITE OR ANY OTHER WEBSITE YOU MAY ACCESS VIA A LINK ON THE SITE; (4) FROM ANY ACTIONS JSI, ITS AFFILIATES, CONTENT PROVIDERS, SUPPLIERS AND THIRD PARTIES ACTING AT THE SPECIFIC INSTRUCTION OF JSI TAKE OR FAIL TO TAKE AS A RESULT OF ANY COMMUNICATIONS< INFORMATION OR DATA YOU SEND TO US; (5) ANY DELAY OR INABILITY TO USE THE SITE OR ANY PORTION THEREOF; (6) FOR ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES PRESENTED ON OR OBTAINED VIA THE SITE; (7) THE DELETION OR OMISSION OF ANY MATERIALS ON THE SITE; (8) ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE; OR (9) OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER SUCH THEORIES OF LIABILITY OR DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF JSI, ITS AFFILIATES, CONTENT PROVIDERS, SUPPLIERS AND THIRD PARTIES ACTING AT THE SPECIFIC INSTRUCTION OF JSI WERE ADVISED OF THE POTENTIAL OR POSSIBILITY OF DAMAGES.
YOU ACCEPT, ACKNOWLEDGE, AND REPRESENT THAT YOU UNDERSTAND THAT THE FOREGOING DISCLAIMERS APPLY ABSOLUTELY TO ANY AND ALL TO ANY DAMAGES OR INJURY, WITHOUT LIMITATION. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.
YOU ACCEPT, ACKNOWLEDGE, AND REPRESENT THAT YOU UNDERSTAND THAT ANY CAUSE OF ACTION OR CLAIM FOR RELIEF FILED BY YOU AND CONCERNING THE SITE OR YOUR USE OF THE SITE MUST BE FILED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION OR CLAIM FOR RELIEF ACCRUES OR SUCH CAUSE OF ACTION OR CLAIM FOR RELIEF IS FOREVER AND PERMANENTLY BARRED. IN ANY JURISDICTION OR PROCEEDING IN WHICH THE FOREGOING LIMITATIONS ON LIABILITY ARE FOUND NOT TO APPLY, IN NO EVENT SHALL THE LIABILITY OF JSI, ITS AFFILIATES, CONTENT PROVIDERS, SUPPLIERS AND THIRD PARTIES ACTING AT THE SPECIFIC INSTRUCTION OF JSI TO YOU FOR ANY CLAIM EXCEED ONE HUNDRED US DOLLARS (US $100).
YOU ACCEPT, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS JSI, ITS AFFILIATES, CONTENT PROVIDERS, SUPPLIERS AND THIRD PARTIES ACTING AT THE SPECIFIC INSTRUCTION OF JSI AND THEIR ITS RESPECTIVE LEGATEES, EXECUTORS, ADMINISTRATORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PRINCIPALS, PARTNERS, AGENTS, EMPLOYEES, PERSONAL REPRESENTATIVES, SUCCESSORS, LICENSORS, HEIRS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS ATTORNEYS, INSURERS, ASSIGNEES, ALL PREDECESSOR AND SUCCESSOR COMPANIES, AND ALL PARENT, SUBSIDIARY AND OTHER RELATED OR AFFILIATED COMPANIES, THEIR ATTORNEYS AND THE PARTNERS, ASSOCIATES, MEMBERS, OF COUNSELS, ASSIGNEES AND INVESTIGATORS OF OR FOR THEIR ATTORNEYS, AND ANY ASSIGNS, INCLUDING ANY TRUSTEE APPOINTED BY A BANKRUPTCY COURT DURING THE PENDENCY OF ANY BANKRUPTCY CASE FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, DEMANDS, CLAIMS, ACTIONS, CAUSE OF ACTIONS, COSTS, DAMAGES, DEFICIENCIES, TAXES, PENALTIES, FINES, EXPENSES, AUDITS, INVESTIGATIONS, OBLIGATIONS, JUDGMENTS, LIENS, INJUNCTIONS, CHARGES, ORDERS, DECREES, RULINGS, DUES, ASSESSMENTS, TAXES, LOSSES, FINES, PENALTIES, FEES COSTS, COURT COSTS, DISBURSEMENTS, LABOR CHARGES, HANDLING CHARGES AND OR GENERAL EXPENSES AND ALL AMOUNTS PAID (INCLUDING REASONABLE ATTORNEYS’, ACCOUNTANTS’, EXPERTS WITNESS FEES, OTHER PROFESSIONALS’ FEES AND DISBURSEMENTS) IN THE INVESTIGATION, DEFENSE OR SETTLEMENT OF ANY CLAIMS CONCERNING THE SITE OR YOUR USE OF THE SITE AND ANY VIOLATION OF THE TERMS OF SERVICE.
YOU ACCEPT, ACKNOWLEDGE, AND REPRESENT THAT YOU UNDERSTAND THAT IN THE EVENT YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE NETWORKS, SYSTEMS OR SERVERS RESPONSIBLE FOR COMMUNICATING THE SITE TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LOSSES, LIABILITIES, DEMANDS, CLAIMS, ACTIONS, CAUSE OF ACTIONS, COSTS, DAMAGES, DEFICIENCIES, TAXES, PENALTIES, FINES, EXPENSES, AUDITS, INVESTIGATIONS, OBLIGATIONS, JUDGMENTS, LIENS, INJUNCTIONS, CHARGES, ORDERS, DECREES, RULINGS, DUES, ASSESSMENTS, TAXES, LOSSES, FINES, PENALTIES, FEES COSTS, COURT COSTS, DISBURSEMENTS, LABOR CHARGES, HANDLING CHARGES AND OR GENERAL EXPENSES AND ALL AMOUNTS PAID (INCLUDING REASONABLE ATTORNEYS’, ACCOUNTANTS’, EXPERTS WITNESS FEES, OTHER PROFESSIONALS’ FEES AND DISBURSEMENTS) IN THE INVESTIGATION, DEFENSE OR SETTLEMENT OF ANY CLAIMS CONCERNING SUCH DISRUPTION. JSI AND ITS AFFILIATES RESERVE THE RIGHT TO ASSUME FULL AND EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU AND, IN SUCH CASE, YOU ACKNOWLEDGE THAT THE FOREGOING INDEMNITY SHALL STILL APPLY AND YOU FURTHER AGREE THAT YOU SHALL AND COOPERATE WITH JSI AND ITS AFFILIATES IN THE DEFENSE OF SUCH MATTER.
GOVERNING LAW AND JURISDICTION
You and JSI agree and consent that (i) this TOS and your use of the Site shall be governed by and construed according to the laws of the State of New York, without regard to the conflict of laws provisions thereof and shall exclude the application of the United Nations Convention on Contracts for the International Sale of Goods; (ii) any extraterritorial actions taken by any party relating to or concerning the TOS, your use of this site, or the Content shall be deemed to have occurred in the State of New York and that any statute, rule of law or similar construct that requires an action to have occurred in the State of New York or the United States as a prerequisite to the applicability of such statute, rule of law or similar construct shall be deemed satisfied; and (iii) each of the Parties irrevocably and unconditionally submits to the to the exclusive jurisdiction of any state or federal court sitting in the county, city and State of New York for any dispute arising out of or concerning the TOS, the Content or your use of the site.
Please be advised that the Site has been designed to comply with the laws of New York and to the extent applicable, the United States. If any Content or use of the Site violates the laws in your jurisdiction, you hearby agree that you will discontinue your use of the Site forthwith.
You agree that JSI, in its sole discretion, to change, alter, or modify these TOS at any time by posting revised terms on the site. You should check this page to learn about any new updates to the TOS. You agree that it is your responsibility to monitor changes to the site and by your continued use of this site means you accept the changes.
ENTIRE AGREEMENT AND ADMISSIBILITY
Except as expressly provided otherwise herein, this Agreement, including any addenda or exhibits attached hereto, contains the entire Agreement between the Parties with respect to the subject matter hereof, supersedes all prior agreements, negotiations and oral understandings or representations concerning the subject matter hereof. You agree that although these Terms of Service may be in an electronic format, you agree that a printed version of these Terms of Service shall be admissible as a business record maintained in printed form in any legal, judicial, administrative or quasi-judicial proceedings concerning the Site.
In the event that any provision or paragraph of this TOS shall be held invalid or unenforceable, or if the scope of any such provision shall be held to be overly broad, such holding shall not invalidate or render unenforceable any other provision hereof.
Any waiver by JSI may only be waived by a written instrument specifically describing such waiver and signed by an officer of JSI. No waiver by JSI of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. Waiver of any one provision, or portion thereof, by JSI, shall not be deemed to be a waiver of any other provision herein.
All Parties represent that they have read this Agreement or it has been read to them, and that they know and understand the full contents and the binding effect thereof. Further, all Parties expressly acknowledge, understand and agree that they consciously, freely and voluntarily entered into this Agreement.
NO PRESUMPTION AGAINST DRAFTER
In the event any ambiguity or question of intent or interpretation arises, this TOS shall be construed as if drafted jointly by the Parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this TOS.
TO CONTACT JSI
If you have questions or suggestions regarding this TOS, please contact us by email at email@example.com or By Phone:1 855-875-1171.