TERMS & CONDITIONS

Disclaimer

You have arrived at a website or mobile Internet site operated by Atelier Esmora LLC (“Atelier Esmora”, “we,” “our,” or “us”). Each website or mobile Internet site shall be referenced as a “Site” or collectively, the “Sites”, however it is accessed and/or used, whether via personal computers, mobile devices or otherwise.

It is important that you carefully read these Terms of Use (“Terms”) before using the Sites, as they affect your legal rights and obligations and govern your use of the Sites. These Terms apply to (i) the Sites; and (ii) interactive features or downloads that are owned or controlled by Atelier Esmora, are available through the Sites, or that interact with the Sites and post these Terms. You agree to these Terms by accessing or using the Sites.

IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITES.

PLEASE NOTE THAT THESE TERMS CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER AS DETAILED IN THE “LEGAL DISPUTES” SECTION BELOW.

By using the Sites, you also consent to the collection and use of your data in accordance with our Privacy Policy.

Account Registration

Certain areas of the Sites may require registration or may otherwise ask you to provide information to participate in certain features, such as to purchase products, receive electronic newsletters or mobile alerts, to participate in social networking activities, or to access certain Materials. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to participate in certain features of the Sites. When you provide information to the Sites, you agree to provide only true, accurate, current and complete information. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof).

If you register on the Sites and/or create a personal profile, you agree to accept responsibility for all activities that occur under your account (“Account”) or password. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Sites using your name in whole or in part. Atelier Esmora reserves the right to terminate your Account or otherwise deny you access in its sole discretion without notice and without liability.

Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware.

Ordering Products and Services

Products and Services Offered on the Sites 

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You need a valid credit or payment card (except to the extent we permit purchases with PayPal, Klarna, gift cards, gift certificates, promotional or discount codes, or similar forms of payment), with full authority to use it, to submit an order for merchandise, or other products or services through our Sites. You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. You may be asked to supply certain information relevant to your transaction including, without limitation, your credit or payment card number, the expiration date of your credit or payment card, your billing address, and your shipping information. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf to purchase products or services from the Sites. You understand that we will not be liable in the event that others acting with or without your permission use your credit or payment card to make purchases on the Sites. Certain products that you purchase and/or download on or through the Sites may be subject to additional terms and conditions presented to you at the time of such purchase or download.

Prices; Colors; Availability

All prices listed on the Sites are subject to change. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit or payment card has already been charged for the purchase and we cancel your order, we shall issue a credit to your credit or payment card account in the amount of the charge. Please keep in mind that while we might offer a variety of merchandise, and other products and services for sale on the Sites, we cannot guarantee availability at a particular time. Please note that the colors of items and products may depend on your monitor and may not be correctly displayed. We reserve the right to change our merchandise and other products and service offerings at any time. We also reserve the right to change contents, features and offerings, and adjust accessibility of the Sites from time to time in our discretion.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that (a) we will issue a credit to your credit or payment card account in the amount charged for the cancelled portion or the quantity not provided (if your credit or payment card has already been charged for the order) or (b) we will not charge your credit or payment card for the cancelled portion of the order or the quantity not provided.

Payment Terms

For each product or service that you order on the Sites, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. We will automatically bill your credit card or other form of payment submitted as part of the order process for such price. If payment is not received by your credit or payment card issuer or its agents, you agree to pay all amounts due upon demand by us.

Sales Taxes

Sales taxes, or other taxes, duties, customs, import/export charges, or similar governmental charges are not included in the price of the products. We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the United States in accordance with our order policy in effect at the time of purchase. Each customer shall be solely responsible for all sales taxes, or other taxes, duties, customs, import/export charges, or similar governmental charges (except for taxes on our net income), on orders shipped outside the United States.

Exchange/Return Policy

All purchase transactions are subject to our Return Policy in effect at the time of purchase. We may modify our return policies from time to time so you should check these each time prior to making a purchase. Please pay close attention to detail, spelling and color to ensure correct approval before printing custom apparel. We will not refund or replace any item due to incorrect spelling, color or design. Returns and/or refunds are limited solely to apparel with fabric that is materially flawed or the printing is below quality standards.

Promotions

The Sites may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.

Ownership of Site Materials

Materials. The Sites (including past, present and future versions) and all materials that are included in or are otherwise a part of the Sites, including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; designs; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material; the “look and feel” of the Sites; the compilation, assembly and arrangement of the materials of the Sites; and all other materials related to the Sites (collectively, the “Materials”) are owned, controlled or licensed by Atelier Esmora and are protected from unauthorized use, copying and dissemination by copyright, publicity and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under these Terms are hereby reserved for Atelier Esmora and/or its members, affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way Atelier Esmora's rights to exploit fully any or all of the Materials. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of Atelier Esmora's rights therein, or in breach of, any terms and conditions contained in this Terms.

Copyright/Trademarks. The entire contents of the Sites (including the Materials) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Atelier Esmora owns a copyright in the selection, coordination, arrangement and enhancement of the Materials on the Sites. Third-party content providers own the copyright in content that is original to them. Without our prior written permission, you agree not to display or use Atelier Esmora's marks in connection with any product or service that is not Atelier Esmora's or, in any manner that is likely to cause confusion among customers. All goodwill associated with any such use by you thereof will inure exclusively to Atelier Esmora. The Materials may not be copied, reproduced, downloaded or distributed, in whole or in part, in any way that infringes Atelier Esmora's copyright rights, without the express prior written permission of Atelier Esmora, unless and except as is expressly provided in these Terms. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites.

Your License to Use Materials on Our Sites

License for Materials. Subject to your strict compliance with these Terms, Atelier Esmora grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, display, view, use and/or play a single copy of the Materials (excluding source and object code) in raw form or otherwise, other than as made available to access and use via standard web browsers to enable display on your device) on any single computer (or other device you use to access the Sites) for your personal, non-commercial use only; provided that: (a) you keep intact all trademark, copyright and other proprietary notices contained in the original Materials or any authorized copy you may make of the Materials; (b) you do not use the Materials in a manner that suggests an association with any of our products, services or brands; (c) you make no modifications to the Materials; (d) you do not allow or aid or abet any third party (whether or not for your benefit): (i) to copy or adapt the source or object code of the Sites’ software, HTML, JavaScript or other programming code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Sites create to generate their web pages or any software or other products or processes accessible through the Sites; and (e) you do not insert any code or product to manipulate the Materials in any way that affects any user’s experience of the Sites.

Prohibited Activities. You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard Internet browser or search engine); (b) fail to follow the instructions provided on the Sites in a “robots.txt” file or similar mechanism (to the extent that you provide standard search engine services to the public); nor will you (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these Terms or Atelier Esmora without the prior written consent.

Third Party Links and Content

There may be links from the Sites, or in communications you receive from the Sites, to third party web sites, or our Sites may include third party content that we do not control, maintain or endorse. Accessing those third-party sites requires you to leave the Sites. We do not control those third-party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third-party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites.

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Your correspondence and business dealings with others found on or through the Sites, including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with any such dealings, are solely between you and the third party. We encourage you to review all policies, rules, terms and regulations, including the privacy policies and terms of use of each and any third-party site you visit.

Warranty Disclaimer

The Sites, including, without limitation, the Materials, are provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permissible by law, Atelier Esmora and each of their employees, directors, officers, members, shareholders, agents, vendors, and contractors (collectively, the “Atelier Esmora Parties”) make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Sites; (b) the Materials on or provided through the Sites; (c) User Content; (d) the downloadable items and embed code; (e) the functions made accessible on or through the Sites; (f) any products, services or instructions offered or referenced at the Sites; and/or (g) security associated with the transmission of information transmitted to or from Atelier Esmora or via the Sites. In addition, the Atelier Esmora Parties hereby disclaim all warranties, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

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The Atelier Esmora Parties do not represent or warrant that the Sites or the functions contained therein will be error-free or uninterrupted; that defects will be corrected; or that the Sites or the server that makes the Sites available are free from any harmful components, including, without limitation, viruses or other malware. The Atelier Esmora Parties do not make any representations or warranties that the information (including any instructions) on the Sites is accurate, complete, correct, adequate, useful, timely, reliable or otherwise. The Atelier Esmora Parties do not warrant that your use of the Sites is lawful in any particular jurisdiction, and the Atelier Esmora Parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction's law is applicable to these Terms.

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By accessing or using the Sites, you represent and warrant that your activities are lawful in every jurisdiction where you access the Sites.

Limited Liability

Under no circumstances will the Atelier Esmora Parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages that are directly or indirectly related to (A) the Sites; (B) the materials; (C) user content; (D) the downloadable items and embed code (E) your use of, inability to use, or the performance of the Sites; (F) any action taken in connection with an investigation by the Atelier Esmora Parties or law enforcement authorities regarding your use of the Sites; (G) any action taken in connection with copyright or other intellectual property owners; (H) any errors or omissions in the Sites’ technical operation; or (I) any damage to any user’s computer, hardware, computer software, wireless devices, cellular phone, modem or other equipment or technology, including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Atelier Esmora Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused, in whole or in part, by negligence, natural disasters, telecommunications failure, or theft or destruction of the Sites). In no event will the Atelier Esmora Parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the Atelier Esmora Parties’ total liability to you for all damages, losses or causes of action exceed ten United States dollars ($10.00).

Your access to and use of the Sites is at your risk. If you are dissatisfied with the Sites or any of the materials, your sole and exclusive remedy is to discontinue accessing and using the Sites or the materials.

Waiver of Injunctive Relief. You agree that in the event you incur any damages, losses or injuries that arise out of Atelier Esmora's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of the sites or any other web site, property, product, service, or other materials owned or controlled by the Atelier Esmora Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service or other materials owned or controlled by the Atelier Esmora parties or any and all activities or actions related thereto.

Waiver of Unknown Claims. By accessing the sites, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Indemnification

You agree to defend (if requested by Atelier Esmora), indemnify and hold harmless the Atelier Esmora Parties from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) User Content; (b) your use of the Sites or activities in connection with the Sites; (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer or other device used to access the Sites, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Atelier Esmora Parties’ use of your information. You will cooperate as fully required by the Atelier Esmora Parties in the defense of any claim. Notwithstanding the foregoing, the Atelier Esmora Parties retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and provisions of this Section. The Atelier Esmora Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Atelier Esmora Parties.

Terminations and Modifications

Termination. Atelier Esmora reserves the right to suspend or terminate your Account or access to and use of the Site (or any portions thereof) in its sole discretion, without notice and liability, including, without limitation, if Atelier Esmora believes your conduct fails to conform with these Terms, or you have otherwise used your Account of the Sites for fraudulent, illegal, or immoral purposes. Atelier Esmora also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Sites or Atelier Esmora. Any violation, or potential violation, of these Terms may be referred to law enforcement authorities.

Modifications. Atelier Esmora reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Materials available on the Sites, and any activities or features made available through the Sites, without limitation, in whole or in part, including the cessation of all activities associated with the Sites, with or without notice. You agree that Atelier Esmora will not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites or any part thereof.

What happens upon Termination? Upon termination of your access to the Sites and/or your Account, or upon demand from Atelier Esmora, all rights granted to you under these Terms will cease immediately, and you agree that you will: (a) immediately discontinue use of the Sites, including links to the Sites; and (b) destroy all Materials obtained from the Sites and all related documentation.

Location of Sites and Territorial Restrictions

The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Atelier Esmora controls and operates the Sites from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Sites are appropriate for use or access in other locations. Anyone using or accessing the Sites from other locations does so on their own initiative and are responsible for compliance with United States’, and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the Sites and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.

Dispute Resolution & Class Action and Jury Trial Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AND TO HAVE A TRIAL IN FRONT OF A JURY.

Dispute Notice and Informal Dispute Resolution. If a dispute should arise between you and Atelier Esmora, we want to provide you with a resolution that is efficient and cost effective. Before initiating an action, you and Atelier Esmora each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute can be emailed to us. We will provide a Notice of Dispute to you via the billing address or email address associated with your Account and/or billing information (the “Notice Address”).

You and Atelier Esmora agree to make attempts to resolve the Dispute prior to commencing any legal action, including the filing of a lawsuit, until a 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Atelier Esmora may commence a lawsuit.

NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES (WHETHER BASED IN CONTRACT, STATUTE, TORT OR ANY OTHER THEORY) WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.

WAIVER OF JURY TRIAL. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTE, INCLUDING BUT NOT LIMITED TO DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES.

Updates to Terms

Atelier Esmora reserves the right to amend, modify, or add to these Terms or any Additional Terms, at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Sites so that they are accessible via a link on the home page of the Sites, and that your use of the Sites after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Additional Terms before using the Sites. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Sites from that point forward.

Severability

The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal and enforceable. In the event that any provision is found to be partially or wholly invalid, illegal or not enforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal and enforceable. Any invalidity, illegality or enforceability of any such provision shall not render the remainder of the Terms invalid, illegal or unenforceable and the remaining terms shall remain in effect and binding on the Parties.

Miscellaneous

The failure of Atelier Esmora to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Atelier Esmora's rights with respect to such breach or any subsequent breaches. No waiver by Atelier Esmora of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized office of Atelier Esmora. Atelier Esmora may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Atelier Esmora's prior written consent. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You agree that these Terms will not be construed against Atelier Esmora by virtue of having drafted them.