The following terms and conditions (the “Agreement”) govern all use of the shopkayelle.com website (the “Site”) and the services available on or at the Site (taken together with the Site, the “Service”). The Service is owned and operated by
K. Elle (“
K. Elle”). The Service is offered subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by
K. Elle – including, without limitation,
K. Elle Shipping and Return Policy and How it Works – Learn More page.
If you have copyright concerns regarding any content on the Site, please refer to our “Copyright Notice” at the end of this Agreement.
Subject to the terms and conditions of this Agreement, the Service is provided solely for User’s own personal use, and not for the use or benefit of any third party.
K. Elle may change, suspend, or discontinue the Services at any time, including the availability of any feature, or content.
K. Elle may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability.
User certifies to
K. Elle that if User is an individual (i.e., not a corporation) User is at least 18 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
K. Elle reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by User following such notification constitutes User’s acceptance of the terms and conditions of this User Agreement as modified.
K. Elle currently accepts the following credit cards at this time: American Express, Discover, VISA and MasterCard.
4. LOCAL TAXES.
Customer is responsible for all sales taxes (as applicable).
5. SHIPPING AND RETURN.
Shipping Rates & Delivery:
All shipping costs are calculated based upon weight of packaged order.
USPS Standard Delivery Time: 2 to 8 business days
USPS Priority Delivery time: 1 to 3 Business Days
USPS Priority Express Delivery time: Overnight
Please allow 24 hours after order has been placed for processing.
Priority Express orders must be placed before 3:00pm to ensure overnight delivery.
No refunds, returns for store credit only.
Merchandise must be returned within 7 days of receipt.
Merchandise must be unworn and unwashed.
Merchandise must have all tags.
All sales are final on accessories and bodysuits they cannot be returned.
Returns and Processing:
Please allow approximately 7 to 10 days after we receive your return for processing.
Original shipping charges are non-refundable.
K.Elle does not provide return labels.
Return Address: 340 W. 131st Street Los Angeles CA 90061
6. PROMOTIONAL OFFERS.
Customer agrees to receive emails promoting any special offer(s), including third party offers, as well as
K. Elle newsletters. Customer’s can opt out of promotional emails from “My Account” page. Transactional and Program emails are required for visitors and customers.
7. TYPOGRAPHICAL ERRORS.
In the event a
K. Elle product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers,
K. Elle shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.
K. Elle shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled,
K. Elle shall issue a credit to your credit card account in the amount of the incorrect price.
8. SITE CONTENT GENERALLY.
The content on the Service (excepting any and all User Submissions – as defined below), including without limitation: the text, abstracts, metadata, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to
K. Elle, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
K. Elle reserves all rights not expressly granted in and to the Service and the Content. User shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content or Marks without the express prior written consent of the respective owners.
K. Elle grants to User a limited non-exclusive, non-transferable, non-sub licensable right solely to display and view the Content for personal, non-commercial use. If User downloads or prints a copy of the Content for personal use, User must retain all copyright and other proprietary notices contained therein. Copying, using or storing any Content for other than noncommercial use is expressly prohibited without prior written permission from
K. Elle or from the applicable copyright holder.
User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site.
9. USER SUBMISSIONS.
The Service may permit the submission of text, images or other communications by User and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. User understands that whether or not such User Submissions are published,
K. Elle does not guarantee any confidentiality with respect to any such submissions.
User shall be solely responsible for User’s own User Submissions and the consequences of posting or publishing them. User agrees that
K. Elle has no liability with respect to any User Submissions, including, without limitation, User’s own User Submissions, and User hereby irrevocably releases
K. Elle and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof.
In connection with User’s User Submissions, User affirms, represents, and warrants that (and that User can and will demonstrate to
K. Elle full satisfaction upon its request that): (i) User owns or has the necessary licenses, rights, consents, and permissions to use and authorize
K. Elle to use each and every image and sound contained in each such User Submission and to enable inclusion and use of such User Submissions in the manner contemplated by the Site, the Service and this Agreement; (ii) User has the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site, the Service and this Agreement; and (iii) the posting of User’s User Submission on or through the Site or the Service or otherwise does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity. User agrees to pay all royalties, fees, and other monies owing any person or entity by reason of any content posted by User to or through the Site or the Service.
By submitting the User Submissions to the Service, or displaying, publishing, or otherwise posting any content on or through the Service, User hereby does and shall grant
K. Elle a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Service and
K. Elle (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. User also hereby does and shall grant each user of the Service a non-exclusive license to access User’s User Submissions through the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service. For clarity, the foregoing license grant to
K. Elle does not affect User’s other ownership or license rights in User’s User Submission(s), including the right to grant additional licenses to the material in such User Submission(s).
In connection with User Submissions, User further agrees that User will not: (i) publish falsehoods or misrepresentations that could damage
K. Elle or any third party; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; (iv) impersonate another person; (v) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity right, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant
K. Elle all of the license rights granted herein; or (vi) submit material that is unsuitable for minors in any country.
K. Elle does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and
K. Elle expressly disclaims any and all responsibility or liability in connection with User Submissions.
K. Elle reserves the right to decide whether a User Submission is inappropriate or violates this Agreement, including but not limited to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length.
K. Elle also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by User, or to restrict, suspend or terminate User’s access to all or any part of the Site or the Service at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing,
K. Elle assumes no responsibility for monitoring the Service for inappropriate content, or modifying or removing such content from the Service.
User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service.
K. Elle reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any
K. Elle server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. User shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Service, or any other customer of
K. Elle, including any
K. Elle account not owned by User, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Service.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or
K. Elle systems or networks, or any systems or networks connected to the Service or to
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.
User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to
K. Elle on or through the Service. User shall not, in connection with the Service, pretend (e.g. through impersonation) that User is any other individual or entity.
User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement, or which infringes the rights of
K. Elle or others.
11. THIRD PARTY SITES.
The Site may permit User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under
K. Elle control, and User acknowledges that
K. Elle is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by
K. Elle. User further acknowledge and agree that
K. Elle shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.
User is responsible for all of its activity in connection with the Service. User shall defend, indemnify, and hold harmless
K. Elle, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, damages, claims, and expenses, including reasonable attorneys’ fees, that arise from or in connection with: (i) User’s use or misuse of the Service; (ii) User’s access to any part of the Service, or (iii) User’s violation of this Agreement.
13. WARRANTY DISCLAIMER.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE AND ANY SOFTWARE) AND ALL PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (BUT, FOR CLARITY, THE PRODUCTS ARE CAN BE RETURNED/EXCHANGES PURSUANT TO
K. ELLE RETURN POLICY). THIS DISCLAIMER OF WARRANTIES SHALL BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
14. LIMITATION OF LIABILITY.
IN NO EVENT SHALL
K. ELLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY LICENSORS, OR THIRD PARTY SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (OR ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICE): (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.) (PROVIDED THAT, IN THE EVENT THE APPLICABLE CLAIM/DISPUTE DIRECTLY RELATES TO PRODUCTS USER PURCHASES THROUGH
K. ELLE, SUCH DAMAGES CAP WILL BE EQUAL TO THE MONETARY VALUE OF THE APPLICABLE PRODUCTS AND ASSOCIATED SHIPPING). THE FOREGOING LIMITATIONS SHALL BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
K. Elle may terminate User’s access to all or any part of the Service at any time, with or without cause, effective upon notice thereof to User (provided that, if
K. Elle determines there may be an immediate threat to
K. Elle, it may terminate such access without notice).
K. Elle may also terminate a Customer’s account at any time, in its discretion. Upon termination notice from
K. Elle, User will no longer access (or attempt to access) the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
16. EXPORT AND TRADE CONTROLS.
User agrees not to import, export, re-export, or transfer, directly or indirectly, any part of the Service or any information provided on or pursuant to the Service except in full compliance with all United States, foreign and other applicable laws and regulations.
17. INTERNATIONAL USE.
K. Elle makes no representation that the Service is appropriate or available for use in the country, geographic area or jurisdiction where User is located, and accessing the Service from territories where any of the content accessed via the Service may be illegal is prohibited. User is responsible for compliance with local laws when User access and use the Service.
All content included on the Site, such as text, graphics, logos, button icons, images, and software is the property of
K. Elle or
K. Elle licensors and other content suppliers – and protected by United States and international copyright laws. All software used in connection with the Site is the property of
K. Elle or its software suppliers and protected by United States and international copyright laws.
20. ELECTRONIC COMMUNICATIONS.
When User visits the Site or sends e-mails to
K. Elle, User is communicating with
K. Elle electronically. User hereby consents to receive communications from us electronically.
K. Elle will communicate with User by e-mail or by posting notices on the Site. User agrees that all agreements, notices, disclosures and other communications that
K. Elle provides to User electronically satisfy any legal requirement that such communications be in writing.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with
K. Elle prior written consent.
K. Elle may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of, and venue in, the state and Federal courts located in Los Angeles, California. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement and, except as otherwise provided herein, that all modifications must be in a writing signed by both parties.
22. COPYRIGHT NOTICE
K. Elle has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of K. Elle’s Designated Agent to Receive Notification of Claimed Infringement is listed at the end of this policy (“Designated Agent”).
It is K. Elle's policy to (1) block access to or remove content (including, without limitation, text, graphics and photos) (collectively, “Content”) that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, customers or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If you believe that Content residing on or accessible through the K. Elle web site or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that K. Elle is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, e-mail address;
A statement that the notifies has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is K. Elle's policy:
to remove or disable access to the infringing Content;
to notify the Content provider, customer or user that it has removed or disabled access to the Content; and
that repeat offenders will have the infringing Content removed from the system and that K. Elle will terminate such content providers, customer’s or user’s access to the service.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the Content provider, customer or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, customer or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, customer or user must send a counter-notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the Content provider, customer or user;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that the Content provider, customer or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Content providers, customer’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content providers, customer’s or user’s address is located, or if the Content providers, customer’s or user’s address is located outside the United States, for any judicial district in which K. Elle is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, K. Elle may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, customer or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at K. Elle discretion.