Last updated: March 01, 2023
Introduction
Welcome to the Youngland online store and website located at youngland.shop (the “Site”). The Site provides an online marketplace for users to purchase our boutique infant dresses and clothing (the “Services”).
Please read these Terms and Conditions carefully before using our Site or Services. These Terms constitute an agreement between you and Youngland regarding your access to and use of the Site and Services. By accessing or using the Site or Services, you agree that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, you may not access or use the Site or Services. These Terms contain an arbitration agreement, class action waiver, and other important provisions that affect your legal rights. Please read them carefully. We may modify these Terms from time to time and your continued use of the Site or Services acts as acceptance of the updated Terms.
Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you. The Privacy Policy is part of and incorporated into these Terms.
Eligibility to Use the Services
You must be at least 18 years old or have the consent of a parent or legal guardian to access and use the Site and Services. If you are under 18 or do not have legal parental or guardian consent, you may not access or use the Site or Services.
Purchases and Payments
All purchases through the Site or Services are subject to and will be treated in accordance with these Terms and our Payment Terms. All sales are final.
When you place an order on the Site, you are offering to purchase the product. We may choose not to accept or fulfil any order for any reason at our sole discretion. We will confirm acceptance of your order when we process payment and ship the order to you.
You agree to pay the prices displayed, along with any applicable sales or similar taxes, shipping and handling charges, and other fees listed during checkout. We reserve the right to change prices at any time and will not be liable for any pricing errors.
If your payment fails or is unsuccessful for any reason, we reserve the right to cancel your order and you will not be entitled to receive the relevant products or services. We are not liable for any failed payments.
Product Information
We aim to accurately display product images, descriptions, pricing, and other information on the Site. However, we do not warrant or guarantee the accuracy or completeness of any product specifications or other content. Product specifications and content are subject to change without notice.
The colors and sizes you see on your computer screen may vary slightly from the actual product due to screen differences and photography limitations. We are not liable for any variations between images or product descriptions posted on the Site and the actual products you receive.
Shipping & Delivery
We will pack, address, and ship all products with reasonable care and skill. However, we cannot guarantee or be responsible for any carrier transit delays or failures. We are also not liable for losses or damages to products in transit.
Delivery dates on the Site are estimates only. We will make reasonable efforts to deliver your order according to the estimates provided, but we are not responsible for any delays.
Risk of loss for delivered products passes to you when we transfer the products to the carrier. You are responsible for filing any claims for non-delivery, loss, or damage directly with the carrier.
Returns & Refunds
Please review our Return Policy for details on eligibility for returns and exchanges. We will accept returns or exchanges in accordance with the Return Policy.
When you return a product to us, we will refund the purchase price you paid for the product, less any applicable shipping charges. You are responsible for all return shipping costs unless the return is due to our error.
If you receive a damaged, defective, or incorrect product, please contact us within 7 days of delivery to arrange a return and refund or exchange.
We reserve the right to refuse any return or exchange that does not comply with our Return Policy. All refunds will be in the same form of payment originally used for the purchase.
User Content
You are solely responsible and liable for any content you upload, post, or otherwise transmit via the Services. You warrant and agree that you will only transmit content that you have the right and authority to transmit, and that such content will comply with these Terms.
We are not required to monitor or censor any content submitted by you or other users. We may, however, review, delete, or block any content in our sole discretion and for any reason, including content that we believe violates these Terms or may otherwise be offensive, illegal, or that might violate the rights or harm the safety of others.
By submitting any content to the Site or Services, you automatically grant us an unconditional, royalty-free, perpetual, irrevocable, fully transferable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content throughout the world in any media. You represent and warrant that you have all rights, licenses, consents, and permissions necessary to grant us those rights.
Prohibited Conduct
You warrant and agree that you will NOT use the Site or Services to:
- Violate any applicable laws, regulations, or these Terms;
- Infringe on our intellectual property rights or the rights of any third parties;
- Transmit any viruses, worms, defects, Trojan horses, or any other malicious code or content;
- Collect, scrape, harvest, or transmit the personal data of other users without their consent;
- Impersonate any person or entity or provide false or misleading information;
- Conduct any fraudulent or illegal activities; or
- Interfere with the proper functioning of the Services.
If you violate these Terms, we reserve the right to suspend or terminate your access to the Site and Services at any time and for any reason.
Intellectual Property Rights
The Site and Services contain content owned and copyrighted by Youngland including, but not limited to, designs, text, graphics, logos, icons, images, product descriptions, pricing, and other materials.
You may not modify, copy, distribute, transmit, display, publish, create derivative works from, transfer, or otherwise use any of our copyrighted content without our prior written consent. The use of our trademarks, service marks, and trade names without our prior written consent is strictly prohibited.
Disclaimer of Warranties
You understand and agree that your access and use of the Site and Services is entirely at your own risk and the Site and Services are provided “AS IS” and “AS AVAILABLE”.
We disclaim all express or implied warranties, conditions, and guarantees including, but not limited to, warranties:
- Of merchantability, fitness for a particular purpose, workmanlike effort, title, and non-infringement;
- Arising through course of dealing or course of performance;
- That access to or use of the Site or Services will be uninterrupted or error-free; and
- Regarding the accuracy, reliability, or quality of any content obtained through the Site or Services.
Any content downloaded from the Site or Services is downloaded at your own risk. You will be solely responsible for any damage to your property, loss of data, or any other harm resulting from downloading such content.
We make no guarantee that any content available for downloading is free of defects, viruses, interference, hacking, or other security intrusions.
Limitation of Liability
In no event will Youngland be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising from or related to your use or inability to use the Site or Services. This applies even if we have been advised of the possibility of such damages.
In no event will our total cumulative liability arising from or related to the Site or Services exceed the greater of:
- Amounts actually paid by you to Youngland in the 12 months prior to the event giving rise to the claims; or
- $100 USD
Certain jurisdictions do not allow limitations of liability for certain types of damages. In such jurisdictions, some of the above limitations may not apply to you.
Indemnification
Upon our request, you agree to defend, indemnify, and hold harmless Youngland and our officers, directors, employees, contractors, agents, vendors, suppliers, service providers, licensors, and partners from and against any liabilities, losses, claims, damages, costs, and expenses (including reasonable attorneys’ fees) that arise from or relate to:
- Your use of the Site or Services;
- Any User Content you provide;
- Your violation of these Terms; or
- Your violation of any rights of any other person or entity.
We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you under these Terms. In such case, you agree to cooperate and assist us in defending the claim.
Modifications to the Services
We reserve the right to modify, suspend, or discontinue all or part of the Site or Services at any time and for any reason, with or without notice. We will not be liable for any such modifications, suspension, or discontinuance.
We may also impose limits and restrictions on certain features, services, or your ability to access parts or all of the Services without notice or liability.
Termination
We may terminate your right to access and use the Site and Services immediately for any reason at our sole discretion, including for violation of these Terms.
Upon termination, all licenses, rights, and privileges granted to you under these Terms will immediately cease. We may also take appropriate legal action in response to your actions, including pursuing civil, criminal, and injunctive remedies.
Governing Law
These Terms and your access to and use of the Site and Services will be governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflict of law rules or principles.
Any disputes relating to these Terms or the Site or Services will be subject to the exclusive jurisdiction of the state and federal courts in Nashville, Tennessee. You consent to personal jurisdiction and venue in those courts and waive any objections.
Class Action Waiver
You agree that any dispute proceedings will be conducted only on an individual basis and not as a class action, representative action, consolidated action, or private attorney general action. If any court or arbitrator determines that the class action waiver is void or unenforceable, then the arbitration agreement (but only the arbitration agreement) will be void.
Arbitration Agreement
You agree that all disputes relating to your access to or use of the Site or Services will be resolved through individual binding arbitration rather than in court. This includes disputes that arose prior to you accepting these Terms.
The American Arbitration Association will administer arbitration under its Consumer Arbitration Rules. The arbitration hearing will be held in Nashville, Tennessee.
You waive your right to participate in a class action, act as a private attorney general, or join or consolidate claims with claims of any other person. You also agree not to demand arbitration on a classwide or representative basis.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Limitation on Time to Initiate a Dispute
Any action or proceeding by you relating to any dispute arising from these Terms or the Services must begin within 1 year after the claim arose.
Severability
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Contact Us
Please contact us with any questions or concerns regarding these Terms and Conditions:
Youngland
Email: [email protected]
Phone: (615) 123-4567
Conclusion
These Terms constitute the entire agreement between you and Youngland relating to your access to and use of the Site and Services.
Thank you for reading and agreeing to our Terms and Conditions. We hope you enjoy using Youngland!