terms & conditions

BY ACCESSING OR OTHERWISE USING OUR WEBSITE, YOU UNCONDITIONALLY AGREE TO FOLLOW AND BE BOUND BY THESE TERMS & CONDITIONS.

If at any time you do not accept all of these Terms & Conditions, you must immediately stop using our Website.

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.

Content

All content included on our Website, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively "Content") is owned or licensed property of CASAVELVET or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on our Website is the exclusive property of Casavelvet and protected by U.S. copyright laws. Casavelvet and its suppliers and licensors expressly reserve all intellectual property rights in all Content.

License

Casavelvet grants you a limited license to access and make personal use of our Website and the Content for noncommercial purposes only and only to the extent such use does not violate these Terms & Conditions You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using our Website or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. Our Website is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.

prohibited uses

Our Website may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to Casavelvet that you will not use our Website for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

make any commercial use of our Website or its Content, including making any collection or use of any product listings, descriptions, prices, or images;
download, copy, or transmit any Content for the benefit of any other merchant;
use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search our Website other than the search engine and search agents provided by Casavelvet or generally publicly available browsers;
frame, mirror, or use framing techniques on any part of our Website without Casavelvet's express prior written consent;
make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions
use any meta tags or any other hidden text utilizing Casavelvet's name or marks;
misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with our Website, or express or imply that we endorse any statement you make;
conduct fraudulent activities on our Website;
(i) violate or attempt to violate the security of our Website, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of our Website; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to our Website, overloading, "flooding," "spamming," "mailbombing," or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of our Website (impersonating the Casavelvet website) or to our Website (impersonating another user);
send unsolicited or unauthorized email on behalf of Casavelvet, including promotions and/or advertising of products or services;
tamper with our Website or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of our Website or any activity being conducted on our Website;
use our Website to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity;
harvest or collect personally identifiable information about other users of our Website;
restrict any other person from using our Website (including, without limitation, by hacking or defacing any portion of our Website);
reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to our Website;
modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of our Website; or
remove any copyright, trademark, or other proprietary rights notice from our Website or materials originating from our Website.

Casavelvet will investigate occurrences that may involve such prohibited use and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Your account

You may be required to register with CASAVELVET in order to access certain services or areas of our Website. With respect to any such registration, we are within our rights to refuse to grant to you the username you request. Your username and password are for your personal use only. If you use our Website, you are responsible for maintaining the confidentiality of your account and password and for restricting and monitoring access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to CASAVELVET including those set forth in these Terms & Conditions, CASAVELVET reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.

Modification and termination

CASAVELVET may at any time: (i) modify or discontinue any part of our Website. CASAVELVET reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on our Website. Each time you use our Website, you should review the current Terms & Conditions. Your continued use of our Website will indicate your unconditional acceptance of the current Terms & Conditions; however, any material change to these Terms & Conditions after your last usage of our Website will not be applied retroactively. Except for such material changes, the Terms & Conditions that were in effect at the time any claim or dispute arose between you and us will be applied.

CASAVELVET reserves the right, without notice and in its sole discretion, to terminate your account or your use of our Website and to block or prevent future access to and use of our Website (i) if you violate any of these Terms & Conditions, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use our Website will immediately cease.

You agree that we shall not be liable to you or any third party for any termination of your access to our Website. Upon termination, all provisions of these Terms & Conditions, which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.

Merchandise

Our Websites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Casavelvet strives to accurately display the characteristics and qualities of all products, including the colors of the products, shown on our Website; however, CASAVELVET cannot and does not guarantee the complete accuracy of any listing, description and or/images of the Products. Such information and the availability of any Product are subject to change at any time without notice.

We sell Products for children’s use; however, these Products are intended for sale only to adults.

Delivery

We offer in-home delivery on items purchased in-store and from the website. For in-store purchases, your store representative will coordinate with you to schedule a delivery date and time. For online purchases, we estimate a 7-14 day delivery timeframe that is dependent upon product availability and scheduling capacity. For items purchased on the website, a member of your local store will contact you to confirm the date and time of the delivery. For specifics related to the delivery process, you can contact your nearest store for assistance.

Customer pickup

Customers can elect to pick up their merchandise instead of having it delivered. For instore sales, your local store representative will alert you of the time that your goods will be available for pickup. For website sales, a member of your local store will contact you to provide the time and to validate the pickup address where your goods will be available. When picking up your merchandise, please bring your ID and proof of purchase. For specifics related to the pickup process, please contact your nearest store for assistance.

Links to third parties’ websites

Our Website may contain links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturers' sites. CASAVELVET is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of our Website to communicate with any such website or otherwise visiting any such website, CASAVELVET strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on our Website do not constitute an endorsement by CASAVELVET of such third-party sites. Other sites may link to our Website with or without our authorization, and we may block any links to or from our Website. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

Disclaimers of warranties

CASAVELVET cannot and does not represent or warrant that our Website or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

OUR WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY CASAVELVET ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. CASAVELVET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE, THE ACCURACY OR COMPLETENESS OF OUR WEBSITE CONTENTS, OR THAT EMAILS SENT FROM CASAVELVET ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. CASAVELVET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITE OR OUR WEBSITE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, CASAVELVET DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO OUR WEBSITE AND OUR WEBSITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

On our Website, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites.

IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON OUR WEBSITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

If you decide to link to any such third-party sites, you do so entirely at your own risk.

Jurisdiction

Our Website is controlled and operated by CASAVELVET from the United States and is not intended to subject CASAVELVET to the laws or jurisdiction of any state, country, or territory other than that of the United States. CASAVELVET does not represent or warrant that our Website or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access our Website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit our Website's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

limitation of liability

UNDER NO CIRCUMSTANCES SHALL CASAVELVET OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE OUR WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF CASAVELVET HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND CASAVELVET. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CASAVELVET. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH OUR WEBSITE, ANY CONTENT ON OUR WEBSITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF OUR WEBSITE, THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

Indemnification

As a condition of the use of our Website, you agree to defend, indemnify, and hold harmless CASAVELVET and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys' fees and expenses) (each, a "Claim") arising out of or otherwise relating to your use of our Website, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.

Notices and electronic communications

Except as explicitly stated otherwise, any notices you send to CASAVELVET related to these Terms & Conditions shall be sent by mail to Casavelvet LLC, Customer Service, 1950 North Ruby Street, Melrose Park, IL 60160. In the case of notices CASAVELVET sends to you, you consent to receive notices and other communications by CASAVELVET posting notices on our Website, sending you an email at the email address listed in your profile. You agree that all agreements, notices, disclosures, and other communications that CASAVELVET provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on our Website or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, two days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

User comment, feedback and other submissions

We welcome and encourage your comments regarding our Website; however, all comments, feedback, postcards, suggestions, ideas, or other submissions disclosed, submitted or offered to CASAVELVET on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain CASAVELVET’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to CASAVELVET of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, CASAVELVET will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. CASAVELVET will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. CASAVELVET is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to our Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to our Website 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.

Placing order

Order Acceptance and Billing: You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order, we might request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. CASAVELVET may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, be aware that your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. CASAVELVET reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. CASAVELVET also reserves the right, at our sole discretion, to prohibit sales to resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from Casavelvet for the purpose of engaging in a commercial sale of the same Product(s) to a third party.

Pricing Information and Availability: CASAVELVET cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the CASAVELVET Site. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. CASAVELVET reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from CASAVELVET. CASAVELVET may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the CASAVELVET Site or from prices available in CASAVELVET stores.

Promotions

Any sweepstakes, contests, raffles, or other promotions (collectively, "Promotions") made available through our Website may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please be sure to review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms & Conditions, the Promotion rules will apply.

Disputes

PLEASE READ THIS SECTION CAREFULLY: YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF OUR WEBSITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS, UNITED STATES OF AMERICA, WITHOUT REGARD TO FLORIDA'S CHOICE OF LAW PRINCIPLES. YOU FURTHERMORE AGREE THAT THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ILLINOIS, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ILLINOIS, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF ILLINOIS. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH OUR WEBSITE AND/OR THESE TERMS & CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE.

Miscellaneous

Any person or entity who interacts with our Website through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using our Website.

Contact us

If you have any concerns about CASAVELVET or your use of our Website, please contact us with a detailed description of your concern. Please take note that these communications may not necessarily be secure; accordingly, you should never include credit card information or other sensitive information in your e-mail correspondence with us.

Last updated June 2020

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