TERMS OF USE

Legal Information

This website is expressly owned and operated by Heavenly Couture®. Unless otherwise noted, all content featured on this website is protected intellectual property that is owned, controlled, or licensed by Heavenly Couture® and protected by copyright, trademark, trade dress, and/or patent. All worldwide rights, titles and interests are reserved, and in no event through your use of this website shall any such right, title or interest transfer to you.

Any use of our website and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of Heavenly Couture®. You do not have the right to reproduce, publish, display, modify, sell, or distribute any of the content on this website.

Limitation of Liability

Heavenly Couture® does not warrant that the function or operation of this website will continue uninterrupted, that defects will be corrected, or that this website or the server that makes it available will be free of errors or viruses. As a user of this website, you assume full responsibility for any costs associated with the use of our website, and you agree that your access of this website is undertaken at your own risk. Heavenly Couture® shall not be liable for damages of any kind related to your use of or inability to access or use this website.

Inaccuracies

We try to present recent, accurate and reliable information on our website at all times. However, there may be occasions when some of the information featured on this website may contain errors, including inaccuracies or incomplete data. Any errors are unintentional, and we apologize if erroneous information in any way affects your order. However, please be aware that we present our content ‘as is’ and make no warranty as to its accuracy, neither expressed nor implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a Heavenly Couture® product is listed at an incorrect price due to any error, Heavenly Couture® shall have the right to cancel any orders placed for such incorrectly priced product. Heavenly Couture® shall have the right to cancel any such orders regardless of whether or not the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase, and your order is cancelled, Heavenly Couture® will issue a credit to your credit card account in the amount of the incorrectly charged price.

Availability

Many of our featured items are selected in limited quantities, and therefore, the stock cannot be replenished. This means that once all stock of an item is sold, the item may not appear on this website again. When an item featured on heavenlycouture.com is no longer in stock, we take reasonable steps to remove that item from this website in a timely manner. Should you have any questions concerning the availability of a particular item, please contact us at (888) 313-7858 Monday – Friday, 9 AM – 5PM PST.

Product Information and Pricing

Many Heavenly Couture® products displayed on this website are available in select Heavenly Couture® boutiques in the United States while supplies last. In some cases, merchandise displayed for sale on this website may not be available in Heavenly Couture® boutiques. heavenlycouture.com does not carry every item you might find in our boutique locations. Heavenly Couture® boutiques may have different prices or promotional events at different times. Sale prices on this website are Internet-only specials and do not reflect the pricing of Heavenly Couture® boutiques.

Product Color, Texture and Detail

We try to display the colors, textures and details of our products that appear on this website as accurately as possible. However, as the actual colors, texture and details you see will depend on your monitor or personal device, we cannot guarantee that such display of any color, texture or detail will be accurate.

Website Transactions

We reserve the right to refuse, limit or cancel any order placed with us. These restrictions may include orders placed by or under the same customer account or the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that appear, in our sole judgment, to be placed by dealers, resellers or distributors. If we refuse, limit or cancel an order, we will attempt to notify you through the e-mail, billing address or telephone number you provided when the order was placed.

Indemnification

You agree to indemnify, defend, and hold harmless Heavenly Couture®, its officers, directors, employees, agents, licensors, successors, and assigns from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this website using your Internet account.

Correspondence

Although we will take reasonable steps to respond quickly to applicable messages, Heavenly Couture® is under no obligation to respond to all pieces of correspondence received through heavenlycouture.com, or to maintain your submitted messages in confidence or to pay compensation of any kind for your comments or submissions. While we welcome your comments regarding heavenlycouture.com, do not send Heavenly Couture® any confidential or proprietary ideas, suggestions, materials, or information via any method of communication. Please note that all of your comments, feedback, ideas, suggestions, and other submissions (“Comments”) that are disclosed or submitted to Heavenly Couture® shall become and remain the property of Heavenly Couture®. You agree that your Comments shall not violate any third party including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments shall not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this website. Any such disclosure by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding such submission. Unless required by law, we will not use your name in connection with any such materials, information, suggestions, and ideas or comments without first obtaining your permission. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Heavenly Couture® or third parties as to the origins of any Comments. You are solely responsible for any Comments you make and their accuracy. Heavenly Couture® takes no responsibility and assumes no liability for any comments posted by you or any third party.

No Unlawful or Prohibited Use

As a condition of your use of this website, you warrant to Heavenly Couture® that you shall not use this website for any purpose that is unlawful or prohibited by this website’s Terms.

Password and Account Security

You understand and agree that you are responsible for maintaining the confidentiality of any passwords associated with your account that you create through this website. Accordingly, you understand and agree that you are responsible for purchases made under your account. If you become aware of any unauthorized use of your account, you agree to notify Heavenly Couture® Customer Service immediately.

Other Websites

This website contains links to other websites that are not under the control of Heavenly Couture®. Heavenly Couture® has no responsibility for and does not endorse linked websites. Links are provided solely for the convenience and information of this website’s users.

Personal Information

Your submission of personal information through this website is governed by this website’s Privacy & Security Policy. These Terms incorporate by reference the terms and conditions of this website’s Privacy & Security Policy.

Disclaimer

This website and all content on this website are provided on an “as is” basis without warranties of any kind, neither express nor implied, including without limitation, warranties of title, implied warranties of merchantability, implied warranties of fitness for a particular purpose, or non-infringement of intellectual property. We disclaim any duty to update or revise any content on this website, although we may modify content at any time without prior notice. We shall not be liable for damages of any kind related to or arising out of your use of this website.

Choice of Law and Forum

Any claim or action initiated by you related to or arising out of your use of this website or these Terms shall be resolved only by state or federal courts located in Orange County, California. These Terms shall be construed in accordance with the laws of the State of California, without regard to any conflict of laws provision.

Waiver

Waiver of any of these Terms shall not be deemed a waiver of any other of these Terms, and if any Term is deemed unenforceable or invalid for any reason, that provision shall be severable from remaining provisions, which shall remain in full force and effect. These Terms constitute the entire agreement between you and Heavenly Couture® regarding your use of this website.