Lady Christine Terms and Conditions
By clicking “sign in” and entering or otherwise using our Web site or mobile applications (the “Web site”), you agree to and accept these terms and
conditions. Please read the terms and conditions and Notice of Privacy Practices carefully as you are agreeing to be bound by them.
TOGETHER THESE TERMS AND CONDITIONS AND THE NOTICE OF PRIVACY PRACTICES CONSTITUTE YOUR SERVICE AGREEMENT (“AGREEMENT”) WITH LADY CHRISTINE . THIS
AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF MY WEB SITE, ANY MEMBERSHIP YOU MAY ESTABLISH ON THE SITE, AND YOUR PURCHASE OR USE OF ANY
PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE WEB SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND
CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS WEBSITE, BECOME A
LADY CHRISTINE MEMBER, OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO
NOT ACCESS AND/OR USE THE WEB SITE, SIGN UP FOR MEMBERSHIP, OR PURCHASE PRODUCTS OR SERVICES THROUGH THE WEB SITE.
1.1 Account Creation. In order to use certain features of the Web site (e.g., purchasing products and services (referred to collectively as “Products”
herein) from the Web site), you must register for an account with Lady Christine (“Lady Christine Account”) and provide certain information about yourself
as prompted by the Web site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and
accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Web site does not violate any applicable law or regulation or the
terms of this Agreement. You may de-activate your Lady Christine Account at any time, for any reason, by unchecking the e-mail preference box on the “My
Account” section of the Web site . Lady Christine may suspend or terminate your Lady Christine Account in accordance with Section 11.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Lady Christine Account login information. You are fully
responsible for all activities that are associated with your Lady Christine Account (including but not limited to any purchases, use of the Web site, or
correspondence from your account to Lady Christine). You agree to immediately notify Lady Christine of any unauthorised use or suspected unauthorised use
of your Lady Christine Account or any other breach of security. When you provide Lady Christine with such notice, Lady Christine will suspend or otherwise
secure your Account to prevent future unauthorised activity.
2 Terms of Sale
2.1 Products and Pricing. All Products or services listed on the Web site are subject to change, as is Product information, pricing, and availability. Lady
Christine reserves the right, at any time, to modify, suspend, or discontinue any Web site feature or the sale of any Product with or without notice. You
agree that Lady Christine will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Web site feature or
Product. In the event a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your
order (as described in Section 2.3 below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your PayPal account
charged. If your PayPal has already been charged for the order and we cancel your order, we will issue a credit to your PayPal account in the amount of the
Certain products on my site are similar – but not identical
Because I sell my products over the internet nationwide, the strike-through price may or may not represent the prevailing price at any particular time or
in every State or local community, and I make no promises about the reliability or accuracy of any such information. For items that I offer as a set, the
strike-through price is based on the total of all the suggested retail prices for each item in the set.
2.2 Payment Terms. For each Product you order on the Web site, you agree to pay the price applicable for the Product as of the time you submitted your
order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). Lady Christine
will automatically bill your PayPal account submitted as part of the order process for such amounts, and you hereby authorise us to do so. You will be
solely responsible for payment of all taxes (other than taxes directly imposed on Lady Christine business activity in a state, such as income taxes), fees,
duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Lady Christine.
All payments are non-refundable (except as expressly set forth in Section 2.1 and 2.3).
2.3 Orders. Your receipt of an order confirmation from me does not signify my acceptance of your order, nor does it constitute confirmation of my offer to
sell. I reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. I may
require additional verifications or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is
shipped). Notwithstanding the foregoing, you agree that, if I cancel all or a part of your order, your sole and exclusive remedy is that I (a) issue a
credit to your credit PayPal account in the amount charged for the cancelled portion or (b) not charge your PayPal account for the cancelled portion of the
2.4 PayPal Purchases. Orders placed using a PayPal account as payment method will be processed upon submission, and funds may be transferred from your
PayPal account immediately. This does not signify my acceptance of your order, nor does it constitute confirmation of our offer to sell. i reserve the
right to decline or cancel your order as defined in Sections 2.1 and 2.3. This Section does not alter or amend any other Sections of this Agreement.
2.5 Shipping Policy Any delivery dates provided by Lady Christine are estimates. Lady Christine reserves the right to make deliveries in instalments. Lady
Christine will send you an email when your order has shipped and you may review your order and shipping information on your Lady Christine My Account page.
I ship within the US (including Alaska, Hawaii and APO/FPO/DPO addresses), and to Canada, Australia, the European Union and many other countries throughout
2.6 Return Policy
(a) Return Policy. There is no return policy
(b) Exchanges. I do not accept any Product exchanges.
3 Web site
3.1 License. Subject to the terms of this Agreement, Lady Christine grants you a limited, non-transferable, non-exclusive, license to access and make
personal use of the shopping services and features provided on the Web site. This license does not include any resale or commercial use of the Web site
features or content, or the right to access or use the Web site for any of the restricted purposes set forth in Section 3.2. Lady Christine may terminate
this license at any time for any reason.
3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sublicense,
reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Web site or its content without the express written
consent of Lady Christine; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Web site;
(c) you shall not access the Web site in order to build a similar or competitive service, or to download, copy or collect content or account information
for the benefit of another merchant; (d) except as expressly stated herein, no part of the Web site may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any means without Lady Christine’s express written consent; and (e) you shall not frame or
utilise framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Web
site without Lady Christine’s express written consent. Any future release, update, or other addition to functionality of the Web site shall be subject to
the terms of this Agreement.
3.3 Modification. Lady Christine reserves the right, at any time, to modify, suspend, or discontinue the Web site or any part thereof with or without
notice. You agree that Lady Christine will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Web site
or any part thereof.
3.4 Ownership. You acknowledge that all intellectual property rights in the Web site, including our rights to copyrighted material, trademarks, service
marks, and trade secrets (“Intellectual Property”) (excluding any User Content) are owned by Lady Christine and its licensors, and neither the limited
license granted in Section 3.1, nor our provision of the Web site under this Agreement shall transfer to you or any third party any rights, title or
interest in or to such Intellectual Property.
4 User Content
4.1 User Content. “User Content” of a Web site user means any and all information and content that such user submits to Lady Christine by any means,
including through social media (e.g., Facebook, Twitter), or uses with the Web site (e.g., a user profile or a feedback submission). You are solely
responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or
usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and
warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Web site as described herein and (ii)
your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided,
sponsored or endorsed by Lady Christine. Because you alone are responsible for your User Content (and not Lady Christine), you may expose yourself to
liability if, for example, your User Content violates the Acceptable Use Policy. Lady Christine is not obligated to backup any User Content, makes no
representation that it will do so, and you agree that zulily may delete User Content at any time.
4.2 Feedback. Lady Christine will treat any feedback, communications, or suggestions you provide to Lady Christine as non-confidential and non-proprietary.
Thus, in the absence of a written agreement with Lady Christine to the contrary, you agree that you will not submit to Lady Christine any information or
ideas that you consider to be confidential or proprietary.
5 Acceptable Use Policy
The following sets forth Lady Christine’s “Acceptable Use Policy”:
5.1 You agree not to use the Web site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right,
including any copyright, trademark, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally
misleading, trade libellous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind
against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of
any law, regulation, or obligations or restrictions imposed by any third party.
5.2 In addition, you agree not to commercially exploit the Web site or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or any
software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorised advertising, promotional materials, junk mail, spam,
chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or
assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks
connected to the Web site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorised access to the Web site,
other computer systems or networks connected to or used together with the Web site, through password mining or other means; or (f) harass or interfere with
another user’s use and enjoyment of the Web site.
5.3 I reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you,
in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User
Content, terminating your Lady Christine Account in accordance with Section 11, and/or reporting you to law enforcement authorities. I may also remove or
modify your User Content if it, in my sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for
me or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect my business and members, I
may access and disclose any information I consider necessary or appropriate, including your Lady Christine Account username and password, IP address and
traffic information, usage history, and your User Content.
6 Third Party Sites and Other Users
6.1 Third Party Sites. The Web site may contain links to, or advertisements for, third party web sites (collectively, “Third Party Sites”) (for example,
social media sites such as Facebook, Twitter). Such Third Party Sites are not under the control of Lady Christine and Lady Christine is not responsible for
any Third Party Sites. Lady Christine provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse,
warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a
Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever
investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Site.
6.2 Other Users. Each Web site user is solely responsible for any and all of its User Content. Because I do not control User Content, you acknowledge and
agree that I am not responsible for any User Content and I make no guarantees regarding the accuracy, currency, suitability, or quality of any User
Content, and we assume no responsibility for any User Content. Your interactions with other Web site users are solely between you and such user. You agree
that Lady Christine will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and
any Web site user, I am under no obligation to become involved.
6.3 Release. You hereby release me, my officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies
under common control with me from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death,
and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other Web site users or Third
Party Sites. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE WEB SITE AND PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND I EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR
8 Limitation on Liability
IN NO EVENT SHALL LADY CHRISTINE, MY OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES
UNDER COMMON CONTROL WITH ME BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEB SITE, PRODUCTS, OR THIRD PARTY SITES, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACCESS TO, AND USE OF, THE WEB SITE, PRODUCTS AND THIRD PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
You agree to indemnify and hold Lady Christine, my officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other
companies under common control with us harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising
out of (i) your use of the Web site or Products, (ii) your User Content, or (iii) your violation of this Agreement. Lady Christine reserves the right, at
your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our
defence of these claims. You agree not to settle any matter without the prior written consent of Lady Christine. Lady Christine will use reasonable efforts
to notify you of any such claim, action or proceeding upon becoming aware of it.
10 Term and Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Web site. I may (a) suspend your rights to use the Web site
(as well as your Lady Christine Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the
Web site in violation of this Agreement or if we believe you are younger than 18. Upon termination of this Agreement, your Lady Christine Account and right
to access and use the Web site will terminate immediately. You understand that any termination of your Lady Christine Account may involve deletion of any
User Content you may have posted. Lady Christine will not have any liability whatsoever to you for any termination of this Agreement, including for
termination of your Lady Christine Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this
Agreement will remain in effect: Sections 2.6, 3.2-3.4, 4, 5 and 7-13.
11.1 Changes to Terms of Service. This Agreement is subject to occasional revision, and if I make any material changes I will post notice of the changes on
our Web site. These changes will be effective immediately. Continued use of my Web site following notice of such changes shall indicate your
acknowledgement of such changes and agreement to be bound by the any revision of these terms and conditions.
11.2 Entire Agreement. This Agreement constitutes the entire agreement between you and me regarding the use of the Web site and the purchase of any
Products on my Web site. My failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or
provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including
without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will
be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by
law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Lady
Christine’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
The terms of this Agreement shall be binding upon assignees.
12 Offers, Promotions, and Customer Credits
Lady Christine may from time to time and in its sole discretion make available special offers and promotions to its members, including offers and
promotions that provide an opportunity for members to buy store credits, coupons, prizes, or benefits. Any such offers and promotions will expire on the
dates specified in the offer or promotion. Credits, coupons, prizes, or benefits shall specify the terms that apply to their use and redemption and those
terms shall apply. Credits, coupons, prizes, and benefits may not be combined with any other offers or promotions. I reserve the right at any time with my
discretion, and without prior notice, to discontinue any offer or promotion or to add or change offer and promotion terms or conditions, including changing
expiration periods or credit values for existing or future credits.
Lady Christine reserves the right to suspend or terminate the account of any user it believes is engaged in fraudulent, illegal, or inappropriate conduct
in relation to any offers or promotions, including without limitation, using multiple user accounts or email addresses to meet promotion or offer
requirements, using false names, impersonating others, or engaging in any other fraudulent or misleading conduct . You agree to forfeit any credits,
coupons, prizes, or benefits as a result of any fraudulent, illegal, or inappropriate conduct. Lady Christine reserves the right to void any such credits,
coupons, prizes or benefits granted if it suspects that these were derived in a fraudulent manner, a manner that violates this Agreement or the terms of
the offer or promotion, or in a manner otherwise not intended by Lady Christine. In addition, any fraudulent, illegal, or inappropriate conduct in relation
to any offers or promotions, may subject you to liability for civil and/or criminal penalties under applicable law. If Lady Christine terminates your
account, for any reason, any credit balances in your account will be cancelled, except as prohibited by law. Account balances are determined by Lady
Christine and such determination is final.