EVERYONE LOVES THE WEEKEND, LLC

This document sets for the Terms and Conditions of Sale (the “Terms”) for each product purchased from EVERYONE LOVES THE WEEKEND, LLC (“EVERYONE LOVES THE WEEKEND”), as well as the Privacy Policy and Terms of Use (“Privacy Policy”) for each user’s access to and use of the EVERYONE LOVES THE WEEKEND website, and related pages and applications. EVERYONE LOVES THE WEEKEND may update the Terms (on a go-forward basis) and the Privacy Policy at such times as it determines and in its discretion. When EVERYONE LOVES THE WEEKEND updates either the Terms or the Privacy Policy, written notice (whether via email or pop-up when the EVERYONE LOVES THE WEEKEND website is visited) will be provided to notify customer and/or user.

TERMS AND CONDITIONS OF SALE

These Terms shall govern all orders for the sale of goods from EVERYONE LOVES THE WEEKEND to the person or entity (the “Customer”) purchasing EVERYONE LOVES THE WEEKEND’s goods through the use of this website.  These Terms supersede any prior written or oral agreement, understanding, representation or promise, and any pre-printed or standard terms and conditions related to EVERYONE LOVES THE WEEKEND’s products, and these Terms are the sole and exclusive terms governing the purchase of the product.  To the extent any terms contained herein are different from or inconsistent with any other statement, writing, or communication, the terms in these Terms shall control unless the conflicting is acknowledged in a writing signed by an authorized representative of EVERYONE LOVES THE WEEKEND. For the avoidance of doubt, EVERYONE LOVES THE WEEKEND has and maintains the right, prior to purchase by a customer, to deny a product to any person for any reason or no reason.

• PRICES & TAXES; RETURNS: Customer shall pay, in addition to the price for the product(s) on the EVERYONE LOVES THE WEEKEND Final Place Order webpage (it being understood by Customer that the final purchase price identified on such price is the actual price of the product, and, if different, not the price identified on any other webpage within the EVERYONE LOVES THE WEEKEND website), (i) all taxes required to be paid by Customer on account of the purchase of the product(s), whether through EVERYONE LOVES THE WEEKEND’s collection of applicable sales tax through the website payment system, or, if EVERYONE LOVES THE WEEKEND does not collect sales tax, then through Customer paying applicable sales or use tax, and (ii) all required shipping and handling expenses for the product(s) to be shipped to the addressed provided by Customer as part of the ordering process. Customer may return the product(s) for store credit or merchandise exchange only. Returns must be initiated and sent back within seven (7) days of your order being delivered. Customer is responsible for the return cost of shipping which will be deducted from Customer store credit. Items must be unwashed, unworn, and undamaged with original tags still attached. EVERYONE LOVES THE WEEKEND reserves the right to refuse a refund if the product shows signs of wear or has been altered from its original condition in any way, in this instance, Customer may choose to have the item(s) sent back to them at their own expense. Any package returned after this timeframe will be refused and returned to the Customer. The Customer bears the costs and risks pertaining to the return of product(s). No returns with a shipping label other than the one provided by EVERYONE LOVES THE WEEKEND will be accepted and shall be refused upon arrival.
• DELIVERY & RISK OF LOSS: Upon Customer ordering any product(s) from EVERYONE LOVES THE WEEKEND, EVERYONE LOVES THE WEEKEND will act in a reasonable manner to ensure delivery to Customer within a reasonable period of time. While EVERYONE LOVES THE WEEKEND may provide good faith estimates to Customer of when a product may be received by Customer, Customer recognizes a number of factors outside of EVERYONE LOVES THE WEEKEND’s control may impact the exact date the product(s) may be received, which could be after the estimate provided by EVERYONE LOVES THE WEEKEND. Such factors may include, but are not limited to, the product(s) being lost or misplaced during shipping, delays in receiving materials and/or inventory, destruction of inventory and/or materials from fire, theft, flooding or other acts of God, other force majeure events. EVERYONE LOVES THE WEEKEND shall have no liability nor carry the risk of loss for any product(s) once they are placed in the care of the third-party carrier transporting the product(s) to Customer.
• LIMITED WARRANTY: Unless otherwise set forth in a writing signed by an authorized representative of EVERYONE LOVES THE WEEKEND, EVERYONE LOVES THE WEEKEND warrants that the product manufactured by it shall be free from defects in material and workmanship when placed by EVERYONE LOVES THE WEEKEND with the delivery carrier. If the product does not conform to the warranty stated above, then Customer will inform EVERYONE LOVES THE WEEKEND in writing (with pictures being provided showing the defect) within 2 days of delivery, and as Customer’s sole remedy, EVERYONE LOVES THE WEEKEND shall, at EVERYONE LOVES THE WEEKEND’s option, either repair or replace the defective goods. Any writing by Customer informing EVERYONE LOVES THE WEEKEND of a product which does not conform to the warranty herein shall be provided no later than two (2) days from delivery of said product. Unless otherwise agreed to in writing, EVERYONE LOVES THE WEEKEND shall not be liable for breach of warranty or otherwise in any manner whatsoever for any product which, following delivery by EVERYONE LOVES THE WEEKEND, has been subjected to accident, abuse, misapplication, improper repair, alteration, or improper usage, or any of Customer’s use of the product in any manner inconsistent with EVERYONE LOVES THE WEEKEND’s written materials regarding the use of the product.  THE WARRANTY CONTAINED HEREIN IS THE SOLE AND EXCLUSIVE WARRANTY AVAILABLE TO CUSTOMER AND EVERYONE LOVES THE WEEKEND HEREBY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Customer understands that the warranty granted herein is exclusive to Customer and may not be transferred or assigned by Customer.
• LIMITATION OF LIABILITY: NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN EXCEPT SECTION 3 ABOVE: (A) IN NO EVENT SHALL EVERYONE LOVES THE WEEKEND BE LIABLE FOR ANY EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER FORESEEABLE OR NOT, INCLUDING WITHOUT LIMITATION, THIRD PARTY CHARGES AND COSTS, REGARDLESS OF THE CAUSE, INCLUDING WITHOUT LIMITATION, THE NEGLIGENT ACTS OR OMISSIONS, BREACH OF CONTRACT, WARRANTY (EXPRESS OR IMPLIED) OR DUTY (STATUTORY OR OTHERWISE) OR STRICT LIABILITY OF EVERYONE LOVES THE WEEKEND OR ANY OTHER THEORY OF LEGAL LIABILITY; AND (B) EVERYONE LOVES THE WEEKEND’s AGGREGATE LIABILITY ARISING FROM OR IN CONNECTION WITH ALL ORDERS AND CONTRACTS FOR GOODS UNDER THESE TERMS SHALL NOT EXCEED THE CONTRACT PRICE FOR THE GOODS FOR WHICH LIABILITY IS CLAIMED. 
• APPLICABLE LAW; VENUE; ARBITRATION: The rights and duties of the parties hereunder shall be governed by the laws of Connecticut and exclusive venue for any court action shall lie in Fairfield County, Connecticut.  Any action or proceeding with respect to this agreement shall be resolved by binding arbitration through the American Arbitration Association (“AAA”) conducted by arbitrator(s) selected by the mutual agreement of Customer and EVERYONE LOVES THE WEEKEND.  This agreement is made pursuant to a transaction in interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C.A § 1, without regard to conflict with local applicable laws.  The arbitration will be conducted in Fairfield County, Connecticut at an office to be determined by the Arbitrator.  The prevailing party (as determined by the Arbitrator) shall be entitled to recover the cost and expense of the arbitration, including reimbursement of all reasonable attorneys’ fees, expert witness fees, costs of appeal and costs to enforce the arbitration provision contained herein. 
• NO OTHER CONTRACT PROVISIONS; OTHER: There are no representations, agreements, obligations, or conditions, expressed or implied, statutory or otherwise, relating to the subject matter hereof, other than contained herein. These Terms constitute a completely integrated agreement and cannot be modified unless modifications are accompanied by signed writing approved by EVERYONE LOVES THE WEEKEND. If any provision hereof is invalid or not enforceable under applicable law, the remaining provisions shall remain in full force and effect. EVERYONE LOVES THE WEEKEND reserves the right to transfer or assign its obligations, rights and responsibilities hereunder, so long as such successor or assign agrees to these Terms. EVERYONE LOVES THE WEEKEND’s failure to require Customer’s performance of any of these Terms shall not serve as a waiver of or diminish EVERYONE LOVES THE WEEKEND’s rights to require strict performance of these Terms.

PRIVACY POLICY AND TERMS OF USE

User Requirements

All users, as a condition of accessing and using the site, acknowledge and agree that they are using the EVERYONE LOVES THE WEEKEND website and products solely for lawful purposes, and that no unlawful dealings or transactions are being facilitated through the use of the site and/or products. 

Accuracy of Information

While EVERYONE LOVES THE WEEKEND attempts to ensure information accuracy and consistency among all of its webpages and platforms, there are situations where mistakes will be made and information may be inconsistent. Therefore, it is understood that all information, including product specifications, prices, or other relevant information may be updated by EVERYONE LOVES THE WEEKEND at any time with or without notice. The price of products shall be the final price identified on the check-out page, regardless of whether a different price (whether higher or lower) was inadvertently stated on a different webpage or platform. Additionally, while all pictures of products on the website will be of actual products, each user’s unique settings and configurations may cause colors to appear different from their actual color.

Features and Use

This website and all of its features, information, software, content, data, processes, user interfaces, trademarks, copyrights and other intellectual property is owned by EVERYONE LOVES THE WEEKEND. By accessing the website, purchasing product(s), and accepting the Terms and this Privacy Policy, you hereby agree and acknowledge that you have no ownership or rights in any of such property and that you will not take any action claiming to have any ownership rights in any of the above-referenced features.

Confidentiality and Non-Disclosure

EVERYONE LOVES THE WEEKEND hereby agrees that it will not disclose to any third party any of the payment information received by EVERYONE LOVES THE WEEKEND during the sale process, such as credit card or debit card numbers, expiration date, security code, or other similar information, unless such disclosure is necessary for EVERYONE LOVES THE WEEKEND to perform its internal business or regulatory requirements. In addition, EVERYONE LOVES THE WEEKEND will not sell any physical addresses and telephone numbers to third parties without your consent, which may be obtained by EVERYONE LOVES THE WEEKEND receiving a specific confirmation of acceptance. In other words, while we may share your data with our business associates who assist EVERYONE LOVES THE WEEKEND in complying with legal and regulatory requirements, or we have otherwise hired to ensure the very best customer service and experience, we will not sell your data to any third party for that party to be able to market or solicit to sell you goods or services or for that that third party to have any of your contact information without your consent.

Data Collected by EVERYONE LOVES THE WEEKEND

Various data is collected each time a person visits the EVERYONE LOVES THE WEEKEND website, including the name of the visitor’s internet service provider, the website used by the visitor to link to the site, the websites the visitor accesses from our site, the visitor’s IP-Address, and other similar data that is not inputted by the user. This data is owned and used by EVERYONE LOVES THE WEEKEND for statistical, business operation, marketing, and other purposes. EVERYONE LOVES THE WEEKEND will not use such data in a manner that identifies you to any third party. Additionally, this data and your identity will not be sold to third parties to solicit to you various goods or services unless you request or have specifically confirmed otherwise, or unless such transmission is helpful in providing you goods or services you have already requested from us.

Data Provided by Users

Various data, such as names, addresses, contact information, e-mail addresses, information about business operations, experiences, history, or other similar information provided to EVERYONE LOVES THE WEEKEND or on the site generally may be collected (whether through registration, completion of forms or e-mails, or general use of and/or postings to the site). All such data and information submitted to EVERYONE LOVES THE WEEKEND or collected by EVERYONE LOVES THE WEEKEND via the use of the website shall be owned by and remain property of EVERYONE LOVES THE WEEKEND, and EVERYONE LOVES THE WEEKEND shall be free to use, for any purpose (except as otherwise set forth in this Privacy Policy), any such data or information. 

Warranties

All information and materials contained on this website including written or video content, data, profiles, graphics, links, ratings or descriptions, or any other items are being provided “AS IS” and EVERYONE LOVES THE WEEKEND is making no warranty as to the accuracy, adequacy or completeness of any information or material, except for official content prepared by EVERYONE LOVES THE WEEKEND. EVERYONE LOVES THE WEEKEND hereby expressly disclaims any liability, and the user agrees that EVERYONE LOVES THE WEEKEND shall not be liable, for any loss, liability, damage, cost, or expense related to or connected to the user’s use of or reliance on the “AS IS” contents of this website. The user recognizes that EVERYONE LOVES THE WEEKEND is not making any warranties of any kind in connection with the website including, but not limited to, warranties of title, merchantability, fitness for a particular purpose and freedom from computer viruses.

Indemnification

User hereby indemnifies and holds EVERYONE LOVES THE WEEKEND harmless from any loss, liability, expense, cost, or other payment, including reasonable attorney’s fees, EVERYONE LOVES THE WEEKEND may suffer related to user’s improper use of the site, any reliance on the property or content contained within the site, and user’s breach or violation of the terms of the Terms or this Privacy Policy, including, without limitation, any misappropriation or disallowed use of EVERYONE LOVES THE WEEKEND’s intellectual property.

Damages

EVERYONE LOVES THE WEEKEND shall not be liable for any damages of any kind for any loss or expense suffered by any user in connection with the use of this website including, but not limited to, direct, indirect, special, incidental, or consequential damages. 

Links to Other Websites

EVERYONE LOVES THE WEEKEND’s website may contain links to other websites that are not under EVERYONE LOVES THE WEEKEND’s control. Therefore, EVERYONE LOVES THE WEEKEND makes no representation and is not liable for the quality, nature, or reliability of any such links. The links provided are for a user’s experience and possible interest, but does not imply endorsement by EVERYONE LOVES THE WEEKEND unless specifically stated so by EVERYONE LOVES THE WEEKEND.

Sharing of Data

EVERYONE LOVES THE WEEKEND hereby agrees that any data submitted to EVERYONE LOVES THE WEEKEND by a user of the website which is personally identifiable information with respect to such user will be held by EVERYONE LOVES THE WEEKEND and not distributed to any person or third party in a format that could reasonably identify the user without the user’s prior consent. EVERYONE LOVES THE WEEKEND may, however, aggregate, analyze, combine, segregate, de-identify, or otherwise manipulate all such data and use any such data for any purpose EVERYONE LOVES THE WEEKEND deems to be appropriate, so long as the disclosure of any such data does not specifically link or identify a person with any of their PII. Any data submitted to EVERYONE LOVES THE WEEKEND that is not personally identifiable information is owned by and may be used by EVERYONE LOVES THE WEEKEND in any manner that EVERYONE LOVES THE WEEKEND determines.

BY AGREEING TO THESE TERMS AND CONDITIONS, THE USER UNDERSTANDS THAT DATA SHARED WITH THIRD PARTIES IN ACCORDANCE WITH THE PRECEDING PARAGRAPH MAY BE USED BY EVERYONE LOVES THE WEEKEND AND/OR SUCH THIRD PARTIES FOR MARKETING AND OTHER COMMUNICATION PURPOSES.