Terms Of ServiceE-Commerce Terms And Conditions

 

THIS WEBSITE IS OPERATED BY WIX Elevenoakhome (“Eleven Oak Home”). AS USED HEREIN, THE TERMS “WE”, “US” AND “OUR” REFER TO Eleven Oak Home. Eleven Oak Home OFFERS THIS WEBSITE, INCLUDING ALL INFORMATION, TOOLS, AND SERVICES AVAILABLE FROM THIS SITE TO YOU, THE USER, CONDITIONED UPON 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 & CONDITIONS CAREFULLY BEFORE AGREEING TO BE BOUND BY THE SAME. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS & CONDITIONS, DO NOT ACCESS OR USE THIS WEBSITE. BY USING THIS WEBSITE OR BY PLACING ANY PURCHASE ORDERS USING THE WEBSITE, YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS SET FORTH HEREIN. ONLY UPON ACCEPTANCE OF THE TERMS CONTAINED HEREIN, YOU WILL BE ENTITLED TO SUBMIT ELECTRONIC ORDERS. ANY VIOLATION OF THE TERMS WILL RESULT IN TERMINATION OF YOUR ACCOUNT. THIS WEBSITE IS NOT INTENDED FOR PERSONS UNDER 18 YEARS OF AGE.

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Account Terms:

BY REGISTERING WITH THE WEBSITE YOU CAN ACCESS OR VIEW THE PRICES, PRODUCT INVENTORIES, AND SUBMIT PURCHASE ORDERS ELECTRONICALLY. YOU ARE RESPONSIBLE FOR USING THE WEBSITE IN A PRIVATE AND SECURE MANNER. WE WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS CAUSED FROM ANY UNAUTHORIZED ACCOUNT ACCESS RESULTING FROM YOUR ACTIONS, SUCH AS NOT LOGGING OUT OF THE ACCOUNT OR SHARING YOUR ACCOUNT PASSWORD. WE RESERVE THE RIGHT TO REFUSE REGISTRATION OR CANCEL AN ACCOUNT AT ANY TIME.

 

Acceptable Use:

YOU SHALL NOT DO ANY OF THE FOLLOWING OR PERMIT ANY OTHER THIRD PARTIES TO DO ANY OF THE FOLLOWING:(A) POST OR TRANSMIT ANY UNLAWFUL, THREATENING, ABUSIVE, LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, OR PROFANE INFORMATION OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY TRANSMISSIONS CONSTITUTING OR ENCOURAGING CONDUCT THAT WOULD CONSTITUTE A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, OR OTHERWISE VIOLATE ANY LOCAL, PROVINCIAL, STATE, NATIONAL OR INTERNATIONAL LAW, INCLUDING WITHOUT LIMITATION, EXPORT CONTROL LAWS AND REGULATIONS;(B) POST OR TRANSMIT ANY INFORMATION OR SOFTWARE THAT THE SENDER IS AWARE CONTAINS A VIRUS, WORM, OR OTHER HARMFUL COMPONENT;(C) UPLOAD, POST, PUBLISH, TRANSMIT, REPRODUCE, OR DISTRIBUTE IN ANY WAY, INFORMATION, SOFTWARE OR OTHER MATERIAL WHICH IS PROTECTED BY COPYRIGHT OR OTHER PROPRIETARY RIGHT, WITHOUT OBTAINING THE PERMISSION OF THE COPYRIGHT OWNER OR RIGHT HOLDER;(D) ACCOUNT SHARING, INCLUDING WITHOUT LIMITATION, LETTING THIRD PARTIES USE YOUR ACCOUNT AND PASSWORD.

 

Modification Of These Terms & Conditions:

WIX INC RESERVES THE RIGHT TO CHANGE OR MODIFY ANY OF THE TERMS CONTAINED IN THESE TERMS & CONDITIONS, AT ANY TIME. ANY SUCH MODIFICATIONS OR CHANGES WILL IMMEDIATELY BECOME EFFECTIVE UPON POSTING OF SUCH CHANGES. YOUR CONTINUED ACCESS OR USE OF THIS WEBSITE WILL IMPLY YOUR FULL ACCEPTANCE OF THE SAME. YOU ARE THEREFORE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS & CONDITIONS AND ADDITIONAL TERMS OR NOTICES POSTED ON THE WEBSITE.

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Payment:

YOU AGREE TO PAY THE FULL PRICE FOR ALL PRODUCTS YOU PURCHASE FROM THE WEBSITE. WE RESERVE THE RIGHT TO CHARGE EXTRA CHARGES FOR YOUR CREDIT CARD OR PAYPAL ACCOUNT FOR ANY PRODUCTS PURCHASED FROM THE WEBSITE. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING US WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES.

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Errors And Inaccuracies:

ALTHOUGH WE TRY TO MAINTAIN ACCURATE AND CURRENT INFORMATION ON OUR SITE, MISTAKES DO HAPPEN. CLIC.COM MAY HAVE ERRORS RELATED TO PRODUCTS' PRICING AND AVAILABILITY. WE RESERVE THE RIGHT TO CORRECT THESE ERRORS, EVEN AFTER AN ORDER HAS BEEN SUBMITTED. WE WILL, HOWEVER, CONTACT YOU BEFORE MAKING ANY CHANGES TO YOUR ORDER. WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE.

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Electronic Communications:

WHEN YOU VISIT THE WEBSITE OR SEND ANY EMAILS TO US, YOU WILL BE COMMUNICATING ELECTRONICALLY WITH US. BY SUCH ELECTRONIC COMMUNICATION, YOU AGREE TO RECEIVE SUCH COMMUNICATIONS FROM US ELECTRONICALLY. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND YOUR ACCEPTANCE TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL TRANSACTIONS YOU ENTER INTO ON THE WEBSITE, AND ALL RECORDS INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

 

Third Party Links:

FOR YOUR CONVENIENCE Eleven Oak Home MAY PROVIDE, LINKS TO THIRD PARTY WEBSITES OPERATED BY OTHER ENTITIES ON THE WEBSITE. IF YOU USE SUCH THIRD PARTY SITES, YOU WILL LEAVE THIS WEBSITE. IF YOU DECIDE TO VISIT ANY LINKED THIRD PARTY WEBSITE, YOU DO SO AT YOUR OWN RISK AND IT IS YOUR RESPONSIBILITY TO TAKE ALL PROTECTIVE MEASURES TO GUARD AGAINST VIRUSES OR OTHER DESTRUCTIVE ELEMENTS. Eleven Oak Home DOES NOT MAKE ANY WARRANTY OR REPRESENTATION REGARDING AND DOES NOT ENDORSE, ANY LINKED WEBSITES OR THE INFORMATION APPEARING THEREON OR ANY OF THE PRODUCTS OR SERVICES DESCRIBED THEREON. ANY THIRD-PARTY LINKS DO NOT IMPLY THAT Eleven Oak Home SPONSORS, ENDORSES, IS AFFILIATED OR ASSOCIATED WITH ANY LINKED THIRD-PARTY WEBSITES.

 

Copyright And Licenses:

THIS WEBSITE AND THE ENTIRE CONTENTS CONTAINED ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO: TEXT, GRAPHICS, LOGOS, BUTTON ICONS, IMAGES, AUDIO CLIPS, DIGITAL DOWNLOADS, DATA COMPILATIONS, AND SOFTWARE, ARE THE SOLE AND EXCLUSIVE PROPERTY OF CLIC. ALL SUCH CONTENTS AND MATERIALS ARE PROTECTED BY DOMESTIC AND INTERNATIONAL COPYRIGHT AND TRADEMARK LAWS. YOU HEREBY AGREE NOT TO MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE ANY PORTION OF THE WEBSITE OR ANY CONTENTS CONTAINED ON THE WEBSITE WITHOUT THE PRIOR EXPRESSED WRITTEN CONSENT OF CLIC.

 

License:

Eleven Oak Home GRANTS YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED LICENSE TO ACCESS AND MAKE USE OF THE CONTENTS OR INFORMATION AVAILABLE ON THE WEBSITE FOR YOUR PERSONAL USE AND NOT TO DOWNLOAD OR MODIFY IT, OR ANY PORTION OF IT, EXCEPT WITH THE EXPRESS WRITTEN CONSENT OF Eleven Oak Home. YOU MAY NOT REPRODUCE, DUPLICATE, ADAPT, COPY, SELL, RESELL, TRANSMIT OR OTHERWISE EXPLOIT FOR ANY COMMERCIAL PURPOSE THIS WEBSITE OR ANY PORTION OF THIS WEBSITE WITHOUT THE EXPRESS WRITTEN CONSENT OF Eleven Oak Home. YOU AGREE NOT TO INTERRUPT OR ATTEMPT TO INTERRUPT THE OPERATION OF THE WEBSITE IN ANY WAY. Eleven Oak Home AUTHORIZES YOU TO VIEW AND DOWNLOAD THE INFORMATION AND MATERIALS AVAILABLE ON THIS WEBSITE ONLY FOR YOUR PERSONAL, NON-COMMERCIAL USE. THIS AUTHORIZATION SHALL NOT CONSTITUTE A TRANSFER OF TITLE IN AND TO THE MATERIALS AND IS SUBJECT TO THE FOLLOWING RESTRICTIONS: (A) YOU MUST RETAIN, ON ALL COPIES OF THE MATERIALS DOWNLOADED, ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES CONTAINED IN THE MATERIALS; (B) YOU MAY NOT MODIFY THE MATERIALS IN ANY WAY OR REPRODUCE OR PUBLICLY DISPLAY, PERFORM, OR DISTRIBUTE OR OTHERWISE USE THEM FOR ANY PUBLIC OR COMMERCIAL PURPOSE; AND (C) YOU MUST NOT TRANSFER THE MATERIALS TO ANY OTHER PERSON UNLESS YOU GIVE THEM NOTICE OF, AND THEY AGREE TO ACCEPT, THE OBLIGATIONS ARISING UNDER THESE TERMS AND CONDITIONS.

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Disclaimer Of Warranty/Limitation Of Liablility:

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 MADE AVAILABLE OR DELIVERED TO YOU THROUGH THE SERVICE ARE 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.IN NO CASE SHALL Eleven Oak Home OR THE Eleven Oak Home PARTIES (AS HEREAFTER DEFINED) 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 ANY OF THE SERVICE OR ANY PRODUCTS PURCHASED OR 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.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.

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Release And Indemnification:

YOU, ON BEHALF OF YOUR SUCCESSORS, ASSIGNS, HEIRS, AND PERSONAL REPRESENTATIVES HEREBY IRREVOCABLY AND FULLY RELEASE CLIC AND EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNS, AGENTS, AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL SUITS, CLAIMS, ACTIONS, CAUSES OF ACTION, ARBITRATION, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, PENALTIES OR FINES KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH (1) YOUR USE OF THIS WEBSITE OR (2) THE USE OF ANY INFORMATION ACCESSED BY YOU FROM THIS WEBSITE.YOU AGREE TO INDEMNIFY AND HOLD Eleven Oak Home AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS OF SUIT, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (1) YOUR USE OF THIS WEBSITE, (2) INFORMATION THAT YOU SUBMIT, TRANSMIT, OR OTHERWISE MAKE AVAILABLE VIA THIS WEBSITE, OR (3) YOUR BREACH OF THIS TERMS OF USE.YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, DAMAGES, COSTS, AND EXPENSES, INCLUDING BUT NOT LIMITED TO, ATTORNEYS' FEES AND COSTS OF SUIT, ARISING OUT OF YOUR BREACH OF THESE TERMS OF USE.

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Applicable Law:

BY VISITING THE WEBSITE, YOU AGREE THAT THE LAWS OF THE STATE OF NEW JERSEY, USA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS & CONDITIONS AND ANY DISPUTE OF ANY SORT THAT MIGHT ARISE BETWEEN YOU AND WIX. Disputes:ANY DISPUTE RELATING IN ANY WAY TO YOUR VISIT OR ACCESS OF THE WEBSITE OR TO THE PRODUCTS YOU PURCHASE THROUGH THE WEBSITE SHALL BE SUBMITTED TO BINDING ARBITRATION IN RIDGEWOOD NEW JERSEY STATE. ARBITRATION UNDER THESE TERMS & CONDITIONS SHALL BE CONDUCTED UNDER THE RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THESE CONDITIONS OF USE SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THESE CONDITIONS OF USE, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE.

 

Other Provisions:

Eleven Oak Home's FAILURE TO INSIST UPON OR ENFORCE STRICT PERFORMANCE OF ANY PROVISION OF THESE TERMS & CONDITIONS SHALL NOT BE CONSTRUED AS A WAIVER OF ANY PROVISION OR RIGHT. NEITHER THE COURSE OF CONDUCT BETWEEN THE PARTIES NOR TRADE PRACTICE SHALL ACT TO MODIFY ANY PROVISION OF THESE TERMS & CONDITIONS. Eleven Oak Home MAY ASSIGN ITS RIGHTS AND DUTIES UNDER THESE TERMS & CONDITIONS TO ANY PARTY AT ANY TIME WITHOUT NOTICE TO YOU.IF ANY OF THESE CONDITIONS SHALL BE DEEMED INVALID, VOID, OR FOR ANY REASON UNENFORCEABLE, THAT CONDITION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY REMAINING CONDITION. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

 

Terms Of Purchase:

ORDERING PROCESSYOU MAY PLACE AN ORDER FOR PRODUCTS ON THE SITE BY SELECTING THE PRODUCTS YOU WISH TO PURCHASE AND ADDING THEM TO YOUR CART. ONCE YOU HAVE FINISHED SHOPPING, YOU CAN PROCEED TO CHECKOUT TO COMPLETE YOUR ORDER. AT CHECKOUT, YOU WILL BE ASKED TO PROVIDE CERTAIN INFORMATION, INCLUDING YOUR NAME, SHIPPING ADDRESS, BILLING ADDRESS, AND PAYMENT INFORMATION. ONCE YOU HAVE PROVIDED THIS INFORMATION AND CONFIRMED YOUR ORDER, YOUR ORDER WILL BE SUBMITTED TO US FOR PROCESSING.ALL ADVERTISEMENTS ON THE SITE ARE INVITATIONS TO PURCHASE AND NOT OFFERS TO SELL. Eleven Oak Home RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO ACCEPT OR REJECT THE ORDER ONCE THE ORDER FORM HAS BEEN COMPLETED AND SUBMITTED.RECEIPT OF YOUR ORDER WILL BE CONFIRMED VIA AN AUTOMATIC E-MAIL TO THE E-MAIL ADDRESS ASSOCIATED WITH YOUR PURCHASE. SUCH E-MAIL IS A CONFIRMATION THAT YOUR ORDER HAS BEEN RECEIVED BY CLIC BUT DOES NOT CONSTITUTE ACCEPTANCE OF YOUR ORDER. Eleven Oak Home RESERVES THE RIGHT AT ANY TIME AFTER RECEIPT OF YOUR ORDER TO ACCEPT OR DECLINE YOUR ORDER FOR ANY REASON. IN THE EVENT THAT YOUR ORDER IS NOT ACCEPTED BY US, Eleven Oak Home WILL CONTACT YOU AT THE E-MAIL ADDRESS PROVIDED IN THE ORDER FORM. AVAILABILITYTHE PURCHASE OF PRODUCTS ON THE SITE IS SUBJECT TO AVAILABILITY. IN THE EVENT THAT Eleven Oak Home ADVISES YOU THAT SUCH PRODUCTS ARE NO LONGER AVAILABLE, Eleven Oak Home WILL HAVE NO OBLIGATION TO FULFILL YOUR ORDER AND YOU WILL HAVE NO OBLIGATION TO PAY Eleven Oak Home FOR THE ORDER. ALL DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS, PRODUCTS, AND PRICES OF PRODUCTS DESCRIBED OR DEPICTED ON THE SITE ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION. PRICEALL PRICES FOR PRODUCTS ARE LISTED EITHER IN US DOLLARS OR OTHER CURRENCY AS DETERMINED BY YOUR LOCATION OR AS SELECTED BY YOU AND ARE EXCLUSIVE OF APPLICABLE TAXES AND SHIPPING CHARGES. PAYMENT MUST BE MADE AT THE TIME OF PURCHASE BY CREDIT CARD OR ANOTHER PAYMENT METHOD ACCEPTED BY THE SITE. YOU AGREE TO PAY Eleven Oak Home THE AMOUNT SET OUT AS THE “TOTAL” IN YOUR ORDER SUMMARY AS PART OF THE “PAYMENT” STEP. THE TOTAL AMOUNT INCLUDES SHIPPING AND HANDLING FEES AND ALL APPLICABLE TAXES.WE RESERVE THE RIGHT TO CHANGE THE PRICES FOR PRODUCTS AT ANY TIME WITHOUT PRIOR NOTICE.METHODS OF PAYMENT WHEN PLACING AN ORDER, YOUR BILLING ADDRESS MUST CORRESPOND TO THE ADDRESS OF YOUR CREDIT CARD, OTHERWISE, WE WILL NOT BE ABLE TO PROCESS YOUR ORDER. ON THE SITE (INCLUDING ITS MOBILE VERSION), YOU MAY PAY FOR YOUR PURCHASE USING A VALID VISA, MASTERCARD, DISCOVER, OR AMERICAN EXPRESS CARD, AS WELL AS THIRD-PARTY PAYMENT SYSTEMS, INCLUDING PAYPAL, APPLE PAY, GOOGLE PAY, SHOP PAY, AND AFTERPAY. YOU AUTHORIZE Eleven Oak Home TO CHARGE THE APPLICABLE PAYMENT METHOD FOR THE TOTAL AND YOU REPRESENT AND WARRANT THAT YOU ARE THE CARDHOLDER/ACCOUNTHOLDER OF THE METHOD OF PAYMENT. IF YOUR PAYMENT IS REJECTED BY THE ISSUER, YOUR ORDER WILL NOT BE SHIPPED AND Eleven Oak Home WILL HAVE NO OBLIGATION TO FULFILL YOUR ORDER.YOU AGREE TO PAY ALL CHARGES THAT MAY BE INCURRED BY YOU OR ON YOUR BEHALF THROUGH THE SITE, AT THE PRICE(S) IN EFFECT WHEN SUCH CHARGES ARE INCURRED INCLUDING, WITHOUT LIMITATION, ALL SHIPPING AND HANDLING CHARGES. IN ADDITION, YOU REMAIN RESPONSIBLE FOR ANY TAXES THAT MAY BE APPLICABLE TO YOUR TRANSACTION(S). THE RELEVANT TIME FOR DETERMINING THE CHARGES APPLICABLE TO A SPECIFIC ORDER IS THE TIME THE APPLICABLE ORDER IS PLACED. SHIPPING AND DELIVERY. WE USE A THIRD-PARTY SHIPPING SERVICE PROVIDER TO DELIVER YOUR ORDER. WE WILL USE REASONABLE EFFORTS TO SHIP THE PRODUCTS TO YOU WITHIN THE ESTIMATED DELIVERY TIMEFRAMES PROVIDED AT CHECKOUT. HOWEVER, WE CANNOT GUARANTEE DELIVERY TIMES OR DATES, AND WE ARE NOT RESPONSIBLE FOR ANY DELAYS OR FAILURES IN DELIVERY CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, STRIKES, WEATHER AND NATURAL DISASTERS, PANDEMICS, OR TRANSPORTATION INTERRUPTIONS. YOUR ORDER WILL BE SHIPPED TO THE DELIVERY ADDRESS SPECIFIED BY YOU DURING THE ORDER PROCESS. Eleven Oak Home IS NOT RESPONSIBLE FOR ANY LOSS OF THE PRODUCTS FOLLOWING SHIPMENT FROM Eleven Oak Home.RETURNS AND EXCHANGES All Purchases Are FINAL For Jewelry, Candles, Bathing Suits, And All Items Under Our Art Category (PHOTOGRAPHY, CANVAS, POSTERS, SKATEBOARDS, ETC.). MERCHANDISE DISCOUNTED IN ANY OFFER OR PROMOTION IS FINAL SALE AND NO EXCHANGES OR RETURNS WILL BE ACCEPTED. NO PRICE ADJUSTMENTS WILL BE MADE ON PAST PURCHASES. FOR IN-STORE OR ONLINE PURCHASES ARE ELIGIBLE FOR RETURNS WITHIN 14 DAYS FOR ONE TIME EXCHANGE OR STORE / ONLINE CREDIT ONLY.ALL RETURNED MERCHANDISE MUST BE IN PERFECT SALEABLE CONDITION, UNWORN, UNWASHED, UNDAMAGED, AND WITH ALL TAGS ATTACHED. WE RESERVE THE RIGHT TO REFUSE RETURNS ON MERCHANDISE THAT DOES NOT MEET THESE POLICY REQUIREMENTS.TO INITIATE A RETURN, VISIT FAQ ON OUR SITE. ONCE OUR WAREHOUSE PROCESSES THE RETURN, WE WILL PROVIDE YOU WITH A REFUND TO THE PAYMENT METHOD YOU USED TO MAKE THE PURCHASE, EXCLUDING THE ORIGINAL SHIPPING FEE YOU PAID. PLEASE NOTE THIS MAY TAKE UP TO 14 BUSINESS DAYS TO COMPLETE FOLLOWING THE PROCESSING OF THE RETURN.

 

Indemnification:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Eleven Oak Home, AND OUR RESPECTIVE PAST, PRESENT, AND FUTURE EMPLOYEES, INTERNS, OFFICERS, DIRECTORS, CONTRACTORS, LICENSORS, SUPPLIERS, CONSULTANTS, EQUITY HOLDERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS (INDIVIDUALLY AND COLLECTIVELY, THE “Eleven Oak Home PARTIES”), FROM AND AGAINST ALL ACTUAL OR ALLEGED CLAIMS, DAMAGES, AWARDS, JUDGMENTS, LOSSES, EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES), AND LIABILITIES OF EVERY KIND, AND NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, THAT ARE CAUSED BY, ARISE OUT OF, OR ARE RELATED TO (A) YOUR MISUSE OF THE SERVICES, (B) YOUR VIOLATION OR BREACH OF THESE TERMS, AND / OR (C) YOUR VIOLATION OF ANY RIGHT(S) OF ANY THIRD PARTY. YOU AGREE TO PROMPTLY NOTIFY Eleven Oak Home OF ANY CLAIMS(S) AND SHALL COOPERATE FULLY WITH THE Eleven Oak Home PARTIES IN DEFENDING SUCH CLAIMS. YOU FURTHER AGREE THAT THE Eleven Oak Home PARTIES SHALL HAVE CONTROL OF THE DEFENSE OR SETTLEMENT OF ANY THIRD-PARTY CLAIMS.

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Termination:

THE OBLIGATIONS AND LIABILITIES OF THE PARTIES INCURRED PRIOR TO THE TERMINATION DATE SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR ALL PURPOSES. 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. 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).

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General Conditions:

WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE FOR ANY REASON AT ANY TIME.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.UNLESS OTHERWISE INDICATED IN WRITING BY US, THE SERVICE AND ALL CONTENT AND OTHER MATERIALS CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, THE Eleven Oak Home LOGO AND ALL DESIGNS, TEXT, GRAPHICS, TRADEMARKS, PICTURES, INFORMATION, DATA, SOFTWARE, SOUND FILES, AND/OR OTHER FILES RELATED THERETO AND /OR ASSOCIATED THEREWITH AND THE SELECTION AND ARRANGEMENT THEREOF (“Eleven Oak Home CONTENT”) ARE AND SHALL REMAIN THE SOLE AND PROPRIETARY PROPERTY OF Eleven Oak Home, OR OUR AFFILIATES AND/OR LICENSORS.NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THE SERVICE MAY INCLUDE SOFTWARE COMPONENTS PROVIDED BY Eleven Oak Home OR OUR AFFILIATES OR A THIRD PARTY THAT ARE SUBJECT TO SEPARATE LICENSE TERMS, IN WHICH CASE THOSE LICENSE TERMS WILL GOVERN THE USAGE OF SUCH SOFTWARE COMPONENTS.YOU AGREE NOT TO DOWNLOAD, DISPLAY OR USE ANY Eleven Oak Home CONTENT FOR USE (A) IN ANY PUBLICATIONS, (B) IN PUBLIC PERFORMANCES, (C) IN CONNECTION WITH PRODUCTS OR SERVICES THAT ARE NOT THOSE OF Eleven Oak Home, AND/OR (D) IN ANY OTHER MANNER THAT IS LIKELY TO CAUSE CONFUSION AMONG CONSUMERS, THAT DISPARAGES OR DISCREDITS Eleven Oak Home AND/OR ITS LICENSORS OR THEIR RESPECTIVE PRODUCTS OR BRANDS, THAT DILUTES THE STRENGTH OF Eleven Oak Home’s OR ITS LICENSOR'S INTELLECTUAL PROPERTY, OR THAT OTHERWISE INFRINGES Eleven Oak Home’s OR ITS LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. YOU FURTHER AGREE TO IN NO OTHER WAY MISUSE ANY Eleven Oak Home CONTENT OR THIRD-PARTY CONTENT THAT APPEARS ON THIS SITE. YOU ALSO MAY NOT CREATE, RECREATE, DISTRIBUTE, OR ADVERTISE AN INDEX OF ANY SIGNIFICANT PORTION OF THE CONTENT POSTED ON THE SERVICE. YOU MAY NOT SEEK TO DEVELOP, BUILD, OR OTHERWISE PROMOTE A BUSINESS, PRODUCT, OR SERVICE UTILIZING THE SERVICE OR ANY CONTENT POSTED THERE, WHETHER OR NOT FOR PROFIT. IN ADDITION, YOU ARE STRICTLY PROHIBITED FROM CREATING DERIVATIVE WORKS OR MATERIALS THAT OTHERWISE ARE DERIVED FROM OR BASED ON IN ANY WAY THE SERVICE OR ANY CONTENT POSTED THERE, INCLUDING WITHOUT LIMITATION MONTAGES, MASH-UPS, AND SIMILAR VIDEOS, WALLPAPER, DESKTOP THEMES, GREETING CARDS, AND MERCHANDISE, FOR PROFIT OR OTHERWISE, UNLESS IT IS EXPRESSLY PERMITTED BY Eleven Oak Home IN WRITING.THE HEADINGS USED IN THIS AGREEMENT ARE INCLUDED FOR CONVENIENCE ONLY AND WILL NOT LIMIT OR OTHERWISE AFFECT THESE TERMS.CONTACT INFORMATION. QUESTIONS ABOUT THE TERMS OF SERVICE SHOULD BE SENT TO US AT info@ElevenOakHome.com