Terms of service

 

Please read these terms and conditions carefully before using this website. Your use of this website confirms your unconditional acceptance of the following terms and conditions.

OVERVIEW

This website is owned and operated by Girl Next Door boutique. Throughout the site, the terms “we”, “us” and “our” refer to Girl Next Door boutique. Girl Next Door boutique offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to and will be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Girl Next Door boutique provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by Girl Next Door boutique in no way override the term and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the Girl Next Door website contains specific terms and conditions concerning its use “Specific Terms”, those Specific Terms are in addition to these Terms stated in this section. To the extent there is a direct conflict between these “Terms and the Specific Terms”, the Specific Terms will prevail.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

This website is operated by Girl Next Door boutique from its offices in Cleveland, OH, USA. We make no representation that this websites content is appropriate or lawful in other territories or jurisdictions. Those who choose to access this website from other states or countries do so at their own risk and are solely responsible for compliance with applicable local laws. Use or access of this website from areas before mentioned where the websites content is illegal, unlawful, violate obscenity or other local laws is strictly prohibited.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your territory or jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

All text, images, graphics, logos, icons, photographs, illustrations, design elements, trademarks, trade dress, copy, description, data, software, audio clips, video clips and other website content, as well as the specific arrangement thereof, are Copyright  2020 Girl Next Door boutique / girlnextdoorboutique.com.  All rights reserved.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - OWNERSHIP OF SITE CONTENT AND TRADEMARKS

Unless otherwise stated, the text, software, images, graphics, logos, icons, photographs, illustrations, audio clips, video clips, design elements, descriptions, copyrights and copyrightable materials, trademarks, trade dress, data and other website content and other material provided on the Girl Next Door website, as well as the selection, assembly, and arrangement thereof, are referred to as “Content” and are the exclusive property of Girl Next Door boutique or its licensors. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Girl Next Door boutique or licensed by third parties.

Except where such permission is specifically granted in writing, Girl Next Door boutique does NOT grant you or any person any right to use, modify, publish, transmit, participate in the transfer or sale, reproduce, copy, display, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, not known or hereafter develop, any Content on or transmitted through the Girl Next Door website, including without limitation by transferring, downloading or otherwise copying any Content onto a disk driver or other storage medium, or in any way exploit, any of our website content, in whole or in part.  

You may view and use the Content only for your own personal information and for shopping and ordering on Girl Next Door website, and for no other purpose, and you shall retain intact all copyright and proprietary notices. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express written permission of Girl Next Door boutique, and, where applicable, the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletions of author attribution, trademark legend or copyright notice shall be made. Girl Next Door boutique grants you no express or implied rights by way of your permitted downloading of copyrighted material.

The trademarks, logos and any designs used or displayed on our website are trademarks and/or service marks owned by Girl Next Door boutique or, on occasion, used by Girl Next Door boutique under license from another third party. Any use of our trademarks, service marks, product names and company names or logos including the reproduction, modification, distribution, or republication of same without the prior written permission of Girl Next Door boutique is strictly prohibited. Other trademarks, service marks, trade names and company logos utilized in our website are the property of their respective owners.

Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of their respective owners, including Girl Next Door and its affiliates. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Girl Next Door or such third-party owner.

Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by Girl Next Door owners, is strictly prohibited.  All rights reserved.

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION / CONTENT

The Content of the Web Site may contain errors, omissions, or typographical errors or may be out of date. Girl Next Door may change, delete, or update any Content at any time without prior notice. The Content is provided for informational purposes only and is not binding on Girl Next Door in any way except to the extent it is specifically indicated to be so.

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 5 - MODIFICATIONS TO THE PRODUCTS / SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

All prices on the Girl Next Door website are quoted in US dollars. We may restrict delivery to addresses within the United States. Girl Next Door will add shipping and handling fees and applicable sales/use tax, as necessary. We reserve the right without prior notice to discontinue or change specifications and prices on products and services offered on the Girl Next Door website without incurring any obligation to you. Products displayed on the Girl Next Door website are available while supplies last. Descriptions of, or references to, products or services on Girl Next Door do not imply endorsement of that product or service or constitute a warranty by Girl Next Door. The receipt by you of an order confirmation does not constitute Girl Next Door’s acceptance of an order. Prior to our acceptance of an order, verification of information may be required. Girl Next Door reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Girl Next Door, for any reason. Girl Next Door reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Girl Next Door shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the said purchase and your order has been canceled, Girl Next Door shall promptly issue a credit to your credit card account in the amount of the incorrect price.

SECTION 6 - PRODUCTS OR SERVICES SPECIFICATIONS

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

All features, content, specifications, products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors and images of our products that appear at the store. However, the actual color you see will depend on your computer system and we cannot guarantee that your computer system’s monitor will accurately display such color.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

The inclusion of any products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 7 – GIFT CARDS /STORE CREDITS

Gift cards and/or store credits issued in the form of a gift card can only be redeemed via purchases made on this Web Site and are not redeemable for cash. Any unused balance will be placed in the recipient’s gift card/store credit account and is not transferable. If your order exceeds the amount of your gift card/store credit, you must pay for the balance with a credit card. We are not responsible for lost or stolen gift cards/store credits. We make no warranties, express or implied, with respect to gift cards/store credits, included without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a gift card/store credit code in non-functional, your sole remedy, and our sole liability, shall be the replacement of such gift card/store credit. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 9 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 10 – THIRD PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Links to other Web Sites operated by third parties, including Girl Next Door vendors, do not constitute sponsorship, endorsement, or approval by Girl Next Door of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Girl Next Door and Girl Next Door is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 11 - LINKING TO THIS WEBSITE

Girl Next Door boutique does not permit you to create or post a link or a frame to any girlnextdoorboutique.com website without our written approval. Creating or maintaining any link from another Web Site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another Web Site without our prior written permission is prohibited. Any permitted links to this Web Site must comply with all applicable laws, rules and regulations.

SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS / INAPPROPRIATE MATERIAL

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous¸ obscene, pornographic or profane material or any material that would constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that Girl Next Door may have at law or in equity, if Girl Next Door reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Girl Next Door may take any action reasonably deemed necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. Girl Next Door will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Girl Next Door to disclose the identity of anyone posting such materials.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send “user communication: information, creative ideas, concepts, know-how, techniques, questions, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'). This “user communication” is and will be considered non-confidential and non-proprietary. You hereby agree and grant Girl Next Door boutique the right, that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use any and all ”user communication” whatsoever in any medium any comments and material made available that you forward to us. We may use this information without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner or any purpose whatsoever for any or all commercial or non-commercial purposes, in any medium, any comments and material made available that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. By submitting material to Girl Next Door boutique, you automatically grant (or warrant that the owner of such material has expressly granted) Girl Next Door boutique the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user of the website to access, use, store or reproduce the material for that user's personal use.

We have the right, but have no obligation to, monitor, review, refuse to post, edit or remove user communication content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. We have the right to determine compliance with these Terms and Conditions or any operating rules established by Girl Next Door boutique and to satisfy any law, regulation, or authorized government request.

You agree that your comments or posts will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar or obscene material, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Girl Next Door boutique express prior approval, contains advertising or any solicitation with respect to products and services. You shall not use the website to advertise or to perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other online services, whether or not such services are competitive with Girl Next Door boutique.

You agree that your comments or posts do not contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Any conduct by you in that Girl Next Door boutique discretion restricts or inhibits any other user from using or enjoying the website will not be permitted.

Girl Next Door shall have no obligation to use, return, review, or respond to any user communications. Girl Next Door will have no liability related to the content of any such user communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Girl Next Door retains the right to remove any and all user communications that include any material we deem inappropriate is unacceptable.

SECTION 13 - PERSONAL INFORMATION

We are committed to your privacy. We only collect information in an effort to improve your shopping experience and that allows us to communicate with you about our products, service, contests, and promotions. Credit card information is always encrypted during transfer over networks.

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 15 - PROHIBITED USES / COMPLIANCE WITH LAWS

Your use of our website is pursuant to a single-copy revocable license granted to you. As a condition of using our website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions. All other rights, including all rights of ownership, are reserved by girlnextdoorboutique.com. This states that you may access our website using a browser and you may download one copy of our website content on a single computer for your own personal and non-commercial internal use. You shall not modify our website, in whole or in part. You shall not use any or all of our website for any commercial purposes or public display, performance, sale, or rental. You shall not copyright de-compile, reverse engineer, or disassemble software materials. You shall not remove any copyright notice or proprietary notice from our website. You shall not assign, transfer, or export or attempt to assign, transfer, or export our website content, in whole or in part, to another person. You agree to prevent any unauthorized copying of our website.

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Girl Next Door boutique website and your purchase of the items from Girl Next Door on the Girl Next Door website. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, religion, age, ethnicity, race, sexual orientation, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY    (AS TO THIS SITE AND CONTENT & AS TO PRODUCTS AND SERVICES)

Girl Next Door makes no guarantee, no warranties or no representation whatsoever with respect to the Girl Next Door website or any linked site or its content, including the availability of any site or the content, information and material on it or the accuracy, completeness, or timeliness of that content, information and materials. Girl Next Door also does not guarantee, warrant or represent that your access to or use of the Girl Next Door website or any linked site will be uninterrupted or free of errors or omissions, that defects will be corrected or that Girl Next Door or any linked site is free of computer viruses or other harmful components. Without limiting the foregoing, all content provided on this site to users “AS IS”, with no warranty of any kind, either expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. The “AS IS” condition of content is expressly made a condition of any transaction arising through or as a result of the Girl Next Door website.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions of limitations regarding the exclusion of implied warranties. Under no circumstances shall Girl Next Door, its parent, subsidiaries & affiliates or their respective direct officers, employees or agents its suppliers or their respective directors, officers, employees or agents be liable to you or to any third party for any direct, indirect, consequential, incidental, special, or punitive damages, whether in contract or in tort, including negligence, arising in any way out of access to or use of or inability to access or use Girl Next Door website or any linked site or its contents, including but not limited to lost profits, business interruption, or loss of programs or other data on computer systems or otherwise, even if Girl Next Door is expressly advised of the possibility of such damage.

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, torturous behavior, negligence, or under any other cause of action. You specifically acknowledge that Girl Next Door boutique is not liable for the defamatory, offensive, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

In no case shall Girl Next Door boutique, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors or any person or entity involved in creating, producing or distributing the website or software used in connection with the website, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of, or inability to use any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. You hereby acknowledge that the provisions of this section shall apply to all content on the website. In no event shall Girl Next Door boutique (including its employees, directors, and agents) be liable to you or any third party for any damages whatsoever (including without limitation any special, indirect or consequential damages, and damages resulting from loss of use, loss of data, loss of profits, or business interruption) arising out of the use of or inability to use the website or any hyperlinked website, even if Girl Next Door boutique has been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

All products and services sold by Girl Next Door are subject to any applicable warranties and representations of their respective manufacturers. Accordingly, Girl Next Door makes no representation or warranty with respect to any product or service sold. Except as expressly stated herein, Girl Next Door expressly disclaims all warranties, express or implies, of any kind with respect to products and services sold on Girl Next Door, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Under no circumstances Girl Next Door, its parent, subsidiaries & affiliates or their respective direct officers, employees or agents its suppliers or their respective directors, officers, employees or agents be liable to you or to any third party for any direct, indirect, consequential, incidental, special or punitive damages, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided on the Girl Next Door website, even if Girl Next Door is expressly advised of the possibility of such damages. In no event, shall Girl Next Door’s liability exceed the price you paid for the product or service that is the subject of the claim.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Girl Next Door boutique and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against all claims, losses, damages, liabilities and costs included but not limited to any demand, including reasonable attorneys’ fees and court costs, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your access to or use of the Girl Next Door website or your violation of any law or the rights of a third-party. The foregoing indemnification obligation shall survive the termination of these Terms and Girl Next Door and any product or service provided to you arising out of or relating to your use of Girl Next Door boutique.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - TERMINATION

These Terms are effective until terminated by Girl Next Door boutique. Girl Next Door boutique may terminate these Terms and any individual’s right to access or use the Girl Next Door boutique website or any portion thereof without notice and at any time. In the event of termination, you are no longer authorized to access or use our website and the obligations and restrictions imposed on you with respect to the Content and the disclaimers, indemnities, and limitations of liabilities set forth in all sections of this Terms agreement of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Girl Next Door shall also have the right without notice and at any time to terminate the Girl Next Door website or any portion thereof, or any product or service offered through the Girl Next Door website.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

SECTION 20 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any rights not expressly granted herein are reserved by Girl Next Door boutique. If any part of this agreement is for any reason found unenforceable, all other parts nevertheless remain enforceable. Failure of Girl Next Door boutique to enforce a right under these Terms and Conditions will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.  The above stated rules represent the entire understanding between each user of Girl Next Door boutique website, regarding each user's relationship with Girl Next Door boutique and supersedes any prior statements or representations or agreements.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - GOVERNING LAW

This Site, its use and these Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the substantive laws of the State of Ohio and the United States of America. (19034 Old Detroit Rd. Rocky River, OH 44116 United States) The exclusive jurisdiction and venue for any dispute or litigation arising out of or related to the website, its content, these Terms & Conditions or your use of the website shall be the state or federal courts located in the County of Cuyahoga, Ohio.    

SECTION 22 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, at any time and without prior notice, to update, change or replace any part of these Terms of Service or to impose new Terms and Conditions with respect to access to or use of the Girl Next Door website. These such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, included but not limited to posting these said updates, changes and/or revisions to our website.

It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

No modifications of these Terms by any party other than Girl Next Door shall be valid or enforceable against Girl Next Door unless expressly agreed to by Girl Next Door in writing and signed by a duly authorized officer of Girl Next Door.

SECTION 23- CONTACT INFORMATION

We welcome your feedback, if you have any questions or comments about the Terms of Service please send us an email at customerservice@girlnextdoorboutique.com

10/12/2020