Terms of Sale

Scope and Application

These terms of sale (“Terms”) govern the sale of Evelyn & Bobbie, LLC (“Evelyn & Bobbie”, “us’”, “we”, or “our”) products by us to you. By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.Shipment times may vary according to availability of products and subject to any delays resulting from shipment delays or force majeure events for which we will not be responsible. In order to place an order with Evelyn & Bobbie, you must be 18 years of age or older and possess a valid credit or debit card issued by a bank acceptable to us. Evelyn & Bobbie retains the right to refuse any request made by you. We or a third party will inform you by email of our acceptance of your order. When placing an order, you represent and warrant that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.ALL ACCEPTED ORDERS ARE FINAL, NON-CANCELABLE AND NON-REFUNDABLE, EXCEPT AS SPECIFIED IN THE RETURNS POLICY APPLICABLE TO YOUR PURCHASE.

Our contract

When you place an order with us, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract with us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been shipped to you. Only those goods listed in the confirmation e-mail sent at the time of shipment will be included in such contract.

Pricing and Availability

While we try to ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. For instance, prices and the availability of items are subject to change without notice. If we discover an error in the price of any goods which you have ordered, we will inform you promptly and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and are included in the 'Total Cost'.

Payment 

Upon receiving your order, we carry out a standard authorization check on your payment card to ensure that there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been shipped and you have been sent a confirmation email, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Return Policy

For online purchases, we will accept merchandise for refund only when accompanied by the original receipt. Products must be completely unused and will only be accepted for return when in their original condition. Returned products must also be in their original packaging and shipped back in their original delivery box. Purchases must be returned to us within 30 days from the date of delivery (i.e., your return shipment must be postmarked within 30 days from receipt of your order).

Shipping costs are non-refundable. A pre-printed return shipping label is included with all shipments for your convenience.

We strongly advise all customers to check merchandise thoroughly upon delivery. For any discrepancies with your order upon receipt, please retain all documentation and packaging, and contact us immediately.

Product Photography

Photographs of the products that are displayed on our website may differ from the actual appearance of the items photographed due to a variety of factors, including the balances of photography and the differences in the way that screens and monitors show images. We endeavor to ensure that the colors and tones of the photographs on the website bear the same resemblance to the actual appearance of the items photographed; however, we cannot provide any such guarantees.

GOVERNING LAW AND VENUE

Any dispute arising out of or related to these Terms shall be governed by the internal laws of the State of Oregon, without regard to or application of its choice of law rules or conflicts-of-laws principles. Any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the state of Oregon and county of Multnomah, and both you and us agree to submit to the personal jurisdiction of the courts located within the state and county of Multnomah, Oregon for the purpose of litigating all such claims or disputes.

General

Our Privacy Policy, Terms of Use, and These Terms sets forth the entire understanding between you and us with respect to your use of our product and your purchase of products from us, and supersedes any and all prior or contemporaneous communications, agreements, and representations, whether written or oral, related thereto. No amendment to these Terms will be valid unless made in writing and signed by you and us. These Terms prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted. Evelyn & Bobbie may engage the services of subcontractors or agents to assist Evelyn & Bobbie in the performance of its obligations related to these Terms. You may not assign or transfer your rights under these Terms, and any purported assignment or transfer shall be void. No relaxation, forbearance, delay or indulgence by either you or us in enforcing any of these Terms or the granting of time by either party to the other shall prejudice or restrict such rights and powers. No waiver of any term or condition of these Terms shall be effective unless made in writing and signed by us. The waiver of any breach of any Term shall not be construed as a waiver of any subsequent breach or condition. If for any reason we determine or a court of competent jurisdiction finds that any provision or portion of these Terms to be illegal, unenforceable, or invalid under applicable law in a particular jurisdiction: (a) these Terms will not be affected in other jurisdictions to the extent that such determination or finding has no application; and (b) in the relevant jurisdiction, the remainder of these Terms (to the fullest extent permitted by law) will continue in full force and effect. Neither you nor we shall be in breach of these Terms in the event that party is unable to perform its obligations as a result of any reason or condition beyond its reasonable control.

 

Terms and Conditions

Terms of Service

Welcome to the Evelyn & Bobbie web site (“the Site,” “we,” “us,” or “our”). Evelyn & Bobbie provides this site as a service to its customers. Please read the following terms of service (“Terms”) as they govern your use of our site. By using this Site, you agree to follow and be bound by the following rule below. If you do not agree to these Terms, please do not use this Site in any way.

Additionally, Evelyn & Bobbie reserves the right to modify these Terms at any time without prior notification. Site users must agree upon and abide by these changes accordingly. Please review this page periodically for changes. Any use of our Site at any time constitutes full acceptance of our service Terms.

Usage Restrictions

All of the content that appears on the Evelyn & Bobbie web site, including all visuals, text, audio and video clips are subject to copyright protections and /or other intellectual property rights or licenses held by Evelyn & Bobbie. The entire content of the Evelyn & Bobbie web site is copyrighted as a collective work under U.S. copyright laws. Evelyn & Bobbie grants you a limited license to access and make personal use of the content on this website. Content of the Evelyn & Bobbie website is intended solely for the personal, noncommercial use by the users of our Site.

Notice

Evelyn & Bobbie may contact you or provide you with service-related and/ or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information you have provided to us. If you would like to alter the frequency or type of communications you receive from us, you may do so at any time by sending notice to connect@evelynandbobbie.com.

Site Use

You cannot access or use the Evelyn & Bobbie website for any illegal or unauthorized purpose. Harassment in any manner or form of the Site, including via e-mail and chat or by obscene or abusive language, is strictly forbidden. Although Evelyn & Bobbie cannot monitor the conduct of its users, it is a strict violation of these Terms to use any information obtained from our Site in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.

Also, you agree that no comments or other user submissions submitted by you to the Evelyn & Bobbie website will violate any right of any third party, including copyright, trademark, privacy or other personal rights. You further agree that no comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make. By using this site, 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.

User Submissions

Evelyn & Bobbie strives to create an interactive relationship with the users of its Site and services. User comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Evelyn & Bobbie on or by this Site shall be and remain Evelyn & Bobbie property. Users assign all property rights and interests to Evelyn & Bobbie allowing our company unlimited use, commercial or otherwise, of any comments. Furthermore, Evelyn & Bobbie shall be under no obligation (1) to maintain any comments in confidence; (2) to pay to users any compensation for any comments; or (3) to respond to any user comments.

Correction of Site Errors

The information on the Evelyn & Bobbie website may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences.

Indemnity

By use of this Site, you agree to indemnify and hold Evelyn & Bobbie (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these terms of service or any activity related to your account (including negligent or wrongful conduct).

Modification/Termination of Website

In the event of termination, you will still be bound by your obligations under these terms of service, including the warranties made by you, and by the disclaimers and limitations of liability. Evelyn & Bobbie shall not be liable to you or any third-party for any termination of your access.

Third Party Links

To improve our Site, Evelyn & Bobbie may use and promote services provided by outside third parties. However, even if the third party is affiliated with Evelyn & Bobbie, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties. Outside sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD PARTY WEBSITE.

DISCLAIMER OF WARRANTY

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT ANY GUARANTEES OR WARRANTY. IN CONNECTION WITH ALL CONTENT, PRODUCTS AND SERVICES ON THIS SITE, EVELYN & BOBBIE MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. USE OF THE PRODUCT BY A USER IS AT THE USER’S RISK.

LIMITATION OF LIABILITY

EVELYN & BOBBIE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS AND SERVICES ON THIS SITE OR THE PERFORMANCE OF ANY ITS PRODUCTS (EVEN IF EVELYN & BOBBIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).