1. IN GENERAL
Ateljee LLC, d/b/a ATELJEE ("we", "our", or "us") operates the website located at www.ateljeesf.com. The following Terms of Service and any other rules posted on the Site (collectively, the “ToS”) constitute an agreement between ATELJEE and you, the visitor, governing your access and use of all content and functionalities available at www.ateljeesf.com and related domain names (collectively the Site). Please read these ToS carefully. By using the Site, you agree to these ToS as well as any other terms, guidelines or rules that apply to any portion of the Site, without limitation or qualification. If you do not agree to these ToS, you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care.
2. PRIVACY
Your privacy is very important to us. Our Privacy Policy explains how we treat your personal information and protect your privacy when you are using the Site.
3. SOCIAL MEDIA & CORRESPONDENCE
If without a request from Ateljee you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence; to pay compensation for any comments; or to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. We take no responsibility and assume no liability for any comments posted by you or any third-party.
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
4. ELIGIBILITY TO PURCHASE
The purchase of merchandise through ATELJEE is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the California. In order to make purchases on the Site you will be required to provide your personal details and payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.
By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where ATELJEE feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
ATELJEE reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
5. ORDERS
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. Once you have placed your order on the Site, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order. Acceptance of your order will be perfected upon completion of the packing of your order, unless you cancel your order. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site or refusing to process a transaction or unwinding or suspending any transaction after processing has begun. Orders use of the Site are further subject to the following rules:
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
Ateljee makes a reasonable effort to ensure that the colors and images of goods on the Site are displayed as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Ateljee reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Ateljee agrees to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers
6. PAYMENT
We accept all major credit and debit cards. Payment will be debited and cleared from your account upon dispatch of your order by ATELJEE. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to ATELJEE, we will not be liable for any delay or non-delivery.
7. DISCOUNT CODES
We may provide promotional codes offering a discount on our merchandise. Promotional codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotional code or offers, and must be used by the date published, if any. We reserve the right at any time without notice to retract and/or change the terms of its promotional codes.
8. LIMITED LICENSE AND SITE ACCESS; ACCEPTABLE USE
We grant you a limited license to use the Site for personal non-commercial use only. You may not: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the ToS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
9. ACCOUNT; REGISTRATION; PASSWORDS
If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. ATELJEE is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control of ATELJEE. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information and must be kept secure. You may not disclose such Password to another person or entity or permit another entity to access the Site using such Password. You must notify ATELJEE immediately of any breach of security or unauthorized use of your account. ATELJEE cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site.
10. INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights mentioned, displayed or relating to the Content (defined below) on the Site. All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by national intellectual property and other laws. Any unauthorized reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us at info@ateljeesf.com.
In addition to the intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on the Site.
11. HYPERLINK POLICY
Please be aware that the Site may contain links to third party websites. Any such link is provided only as a convenience. The inclusion of any link does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by ATELJEE of any information contained in any third party website. In no event shall ATELJEE be responsible for the information contained on that website or your use of or inability to use such website. You should also be aware that the terms and conditions of such website and the website’s privacy policy may be different from those applicable to your use of the Site.
12. MONITORING ACTIVITY
ATELJEE has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. ATELJEE has no obligation to display or post any content. ATELJEE, subject to the Privacy Policy reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. ATELJEE shall have no liability in connection with any content or content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by ATELJEE or any other party.
13. DISCLAIMER
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ATELJEE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.
14. LIMITATION OF LIABILITY
You agree that in no event shall ATELJEE be liable to you, or to any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the ToS, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorized access to or use of the Site or ATELJEE' secure servers and/or any and all personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.
15. INDEMNIFICATION
You agree to indemnify and hold ATELJEE and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the ToS or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandate, or the rights of a third party.
16. CHOICE OF LAW; DISPUTES
You will resolve any claim, cause of action or dispute (together a “claim”) you have with ATELJEE arising out of or relating to the Site or the ToS exclusively in a state or federal court located in the city of San Francisco, California. The laws of the State of California will govern the ToS, as well as any claim that may arise between you and ATELJEE, without regard to conflict of law principles. You agree to submit to the exclusive personal jurisdiction of the courts of the State of California located in the city of San Francisco, for the purpose of litigating all such claims. Any dispute arising hereunder or related to your use of the Site shall be solely between you and ATELJEE, and to the fullest extent permitted by law, no dispute or proceeding shall be joined with any other or decided on a class-action basis. In the event any breach of these ToS portends irreparable injury to ATELJEE, you agree that ATELJEE shall be entitled to seek equitable relief, including injunctions and declaratory judgments, in addition to any other remedies permitted by law.
17. RIGHT TO REVISE OR UPDATE TERMS OF USE
We reserve the right to update and revise these ToS at any time. You will know if these ToS have been revised since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our Site constitutes your acceptance of these ToS as amended or revised by us from time to time, and you should therefore review these ToS regularly.
18. SEVERABILITY
If any of these ToS shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.
19. ENTIRE AGREEMENT
These ToS set forth the entire understanding and agreement between you and ATELJEE with respect to the subject matter herein and supers all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to the Site. A printed version of these ToS and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these ToS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the ToS, or assign, transfer or sublicense your rights therein. A failure to act with respect to a breach by you or others does not waive ATELJEE' right to act with respect to subsequent or similar breaches.
20. RETURNS AND EXCHANGE POLICY
ATELJEE will accept, for return or exchange, items that are in new condition, unworn, unaltered and free of damages by the customer. For a full refund or exchange, mail out your item within 10 days from the receipt of original order. Please note, refunds are exclusive of shipping cost. Items cannot be returned or exchanged after 10 days from the receipt of original order. Items must be returned with receipt or gift certificate as proof of purchase. Also: all returned items in their original packaging, and returned in the condition in which it was received: unworn and unwashed, not altered with original tags still attached. ATELJEE does not pay for shipping costs of exchanged items.
How to Return or Exchange Your Order:
Please contact us before you return an item for refund or exchange at info@ateljeesf.com.
International Orders:
All international orders are final sale only: we DO NOT accept international orders for return or exchange the enclosed pre-printed label to the outside of the shipping box. Drop off the package at the any Carrier Store, Drop Box, Customer Center, or with any Carrier driver. If a carrier is not available in your area or you prefer not to use it to return or exchange your items, you can use any other trackable method, at your expense. Please insure the package for the full retail value of the shipped products, as we will not be liable for any damage incurred in transit.
Sale Items:
All sale or promotional orders are considered final sale are not eligible for return or exchange.
Risk of Loss; Product Insurance
All products purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. We insure your purchase during its transit until it is delivered to the delivery address specified in your order. To complete the delivery, we require a signature, at which point responsibility for the purchased product(s) passes to you. If the recipient of the product is someone other than you for delivery purposes, you agree that evidence of a signature by such recipient or at such recipient's delivery address is evidence of a completed delivery by us with responsibility for the purchased product passing to you.
21. SHIPPING POLICY
Shipping Methods, Costs and Transit Times
Our shipping service with standard shipping costs 8$ (1-6 business days). Heavy goods shipping (shipments over 5lbs) costs 15$. International shipping cost is based on weight, with our standard rate starting from 15$.
ATELJEE uses a third party logistics company called USPS for its shipments and offers a 8-15$ standard shipping on all orders shipped to a valid US address (excluding Hawaii and Alaska). When placing your order, select your preferred delivery option before proceeding to purchase.
All orders are processed and shipped within 4 days from the date/time ATALJEE receives your order. If an order is placed before 10am PST, in most cases it will be processed and shipped out on the same day. During very busy seasons and major launches, the shipment can take up to 7 days. If you have any questions regarding shipping please email us at info@ataljeesf.com.
QUESTIONS AND INQUIRIES
If you have any questions regarding these Terms of Use please contact us at info@ateljeesf.com.