Terms & Conditions
Terms and Conditions
Last Revised: April 29, 2019
PLEASE READ THE TERMS OF THE AGREEMENT CAREFULLY. BY PURCHASING MERCHANDISE, ACCESSING AND USING OUR SITE YOU ACKNOWLEDGE THAT YOU ARE THE AGE OF MAJORITY AND AGREE TO BE BOUND TO THE TERMS OF THIS AGREEMENT.
You can purchase merchandise, learn about promotions, sign up for our newsletter and communicate with us through the Site. Certain features of the Site require you to create an account. To register you must create a user account by providing a valid email address and creating a unique password (“Account”). When you acquire merchandise as a guest or through your Account you warrant that all information used in connection with the Site and acquisition of merchandise is accurate and true. You are solely responsible for: (i) maintaining the confidentiality of your user name and password; (ii) ensuring all information used in connection with the Site is accurate and current; and (iii) any activity you conduct through your Account, whether by you or someone else. You must immediately notify us of any unauthorized use of your Account. We reserve the right, in our sole discretion, to terminate or suspend your Account.
2. PURCHASING PRODUCTS
You must provide us with your full legal name, an active telephone, a valid credit card and current address to purchase products through Site. All payments are processed by Square or PayPal and are subject to the following provisions. We will send you a confirmation email confirming that your order has been processed and that payment was received and will promptly ship products to the address designated within our approved domestic shipping requirements.
3. ORDER RESTRICTIONS AND RISK OF LOSS
Merchandise acquired from us is not intended for re-sale. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. The risk of loss for purchased product(s) passes from us to you as soon as we provide the carrier the purchased product(s). As a result, you will need to file claims directly with the carrier for any loss or damages that occurred while the purchased product(s) were in the possession of the carrier. You can check the status of your order by emailing email@example.com.
From time to time we may make sweepstakes, contests, or other promotions available through our Site (“Promotion”) that require you to register and/or accept the terms and conditions associated with the same. Please review the applicable rules, terms, and/or disclaimers that govern each Promotion and understand that participation is your unconditional agreement and acceptance thereto.
5. RETURNS AND EXCHANGES
All returns are subject to our return policy located here.
6. LICENSE AND USE RESTRICTIONS
a. Site. We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, license to access and use our Site as expressly permitted herein. Except for this limited license we do not grant you any other rights or license. We reserve all rights not expressly granted herein.
b. Your Content. You hereby grant to us and our owners, affiliates, representatives, licensees, licencors and assigns a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to use, distribute, store, transmit reproduce any information you submit in connection with the use of our Site (“Your Content”) to: (i) make the Site available to you; (ii) manage your Account; (iii) address questions and issues; and (iv) process purchases. You hereby represent and warrant that you own all rights to Your Content or, alternatively, that you have the right to give us the license described above. You represent and warrant that Your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third-party.
c. Restrictions.You are prohibited from violating or attempting to violate the security or integrity of our Site or otherwise violating or infringing our rights or the rights of others who use our Site and agree not to do the following:
• use any “deep-link,” “robot,” or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy, or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Site;
• gain or attempt to gain unauthorized access to any portion or feature of the Site, or any other system or network connected to the Site or to any of our third-party business partners’ servers, systems or networks, by hacking, “password-mining” or using any other illegitimate method of accessing data;
• probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;
• take any action that would cause an unreasonably or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack;
• use any device, technology or method to interfere or attempt to interfere with the proper functioning or features of the Site or any transaction occurring on the Site, or with any other person’s use of the Site;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site;
• not to make any false or misleading statements in connection with your use of the Site;
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
• Advertise or offer to sell or buy any goods or services for any business purpose;
• Restrict or inhibit any other user from using and enjoying the Site;
• Violate any applicable laws or regulations; and/or
• Create a false identity for the purpose of misleading others.
WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF OUR SITE AND/OR YOUR ACCOUNT (IN OUR SOLE DISCRETION) IF WE DETERMINE THAT YOUR USE OF THE SITE IS IMPROPER OR IN VIOLATION OF ANY PROVISION OF THE AGREEMENT.
7. INTELLECTUAL PROPERTY RIGHTS
The design of the Site and created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Our Content”), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You agree not to engage in the use, copying, or distributing any of Our Content contained within the Site.
We are committed to ensuring that all customers are able to access and use our Site and follow the Web Content Accessibility Guidelines to assist with ensuring that individuals with disabilities are able access and use our Site. To assist with accessibility we have implemented the following:
FOR FURTHER ASSISTANCE PLEASE CONTACT US AT 406.577.3700 OR VIA EMAIL AT SHOP@ASHLEYCOLEBOUTIQUE.COM
13. MODIFICATION. PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME.
When changes are made, we will make a new copy of the Agreement available on the Site. We will also update the “Last Revised” date at the top of the Agreement. If we make any material changes, and you have an Account, we may also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to the Agreement will be effective immediately and your continued use of the Site constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF SERVICE.
By providing your email address to us or creating an Account you consent to receiving emails from us and from our third-party providers and affiliates. These parties may send you emails in order to deliver information about products and services and to help with fulfilling your order. You may unsubscribe from these emails at any time by clicking on the “unsubscribe” link included in any email or by contacting us via email at firstname.lastname@example.org with the word “UNSUBSCRIBE” in the subject line.
If you have any questions about these Terms & Conditions, please contact us at:
Attn: Customer Service
223 E. Main St.
Bozeman, MT 59715