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Terms of Use

Last Modified: January 30, 2015

Welcome to Cashmere and Velvet. These terms and conditions (“Terms”) govern and apply to anyone accessing or using the website located at www.cashmereandvelvet.com, our mobile application, our blog, and any other website(s) owned and/or operated by Cashmere + Velvet LLC. (including any of its subsidiaries or corporate affiliates, collectively, "Cashmere and Velvet," "we," "us" or "our") and any of their associated web pages (collectively, our “Services”).  In these terms, the words "you" and "your" refer to each Client or Site visitor.

When you use any of our services, you are subject to the policies, terms, and conditions applicable to that service. Cashmere + Velvet LLC reserves the right to update, change, modify or otherwise alter these Terms at any time.  By accessing or otherwise using our services you are indicating your agreement to the Terms and Conditions contained herein and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations.

It is your responsibility to review these Terms and Conditions periodically. If at any time you find these Terms and Conditions unacceptable or if you do not agree to these Terms and Conditions, please do not use this Site. 

YOU AGREE THAT BY USING THE SITE AND REGISTERING FOR MEMBERSHIP YOU ARE AT LEAST 18 YEARS OF AGE, OR VISITING THE SITE UNDER THE SUPERVISION OF A PARENT OR GUARDIAN, AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

Please also refer to our Privacy Policy and our Shipping. Return and Exchange Policies, which are incorporated by reference into this Membership Agreement.

USE OF THE WEBSITE

Subject to the terms and conditions of this Agreement, Cashmere and Velvet hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of applying for a membership, and shopping for personal items sold or offered on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Cashmere and Velvet in advance and in writing. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Cashmere and Velvet in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Cashmere and Velvet in advance and in writing. Cashmere and Velvet reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Cashmere and Velvet believes that client conduct violates applicable law or is harmful to Cashmere and Velvet's interests.

You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

Content provided on this site is solely for informational purposes. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect the opinions of Cashmere and Velvet. Product representations expressed on this Site are not made by Cashmere and Velvet. 

Cashmere and Velvet may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Cashmere and Velvet has no obligation to investigate the authorization or source of any such access or use of the Site.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Cashmere and Velvet of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

OWNERSHIP

This Site is owned and operated by Cashmere and Velvet, Corp. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by Cashmere and Velvet or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by Cashmere and Velvet, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Cashmere and Velvet's intellectual property rights, whether by estoppel, implication or otherwise. You must contact our customer service department if you have any questions about obtaining such licenses. Cashmere and Velvet does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Cashmere and Velvet. Any rights not expressly granted herein are reserved by Cashmere and Velvet.

EMAIL REGISTRATION 

In order to enjoy all the benefits of Cashmere and Velvet, you must register your email. Email registration is easy, and there is no commitment to purchase. Simply take our style quiz, use your valid email address and create a password to register your profile. Once registered, you have access to a personalized account with a specially curated showroom, and two payment options to choose from. As a registered user of Cashmere and Velvet, you agree to receive emails promoting any special offer(s), including third party offers. You may adjust your email preferences (or unsubscribe from newsletters) by clicking the “unsubscribe” link at the bottom of any newsletter we’ve sent.  For your convenience, all information provided during registration with Cashmere and Velvet is subject to Cashmere and Velvet's Privacy Policy.

NO PURCHASE COMMITMENT

By registering your email, you’ll have access to a personal showroom updated monthly with a great selection of bras, lingerie, sleepwear and more. Because we introduce new styles throughout the month, you’re sure to find many styles you’ll love. Cashmere and Velvet's goal is to provide you with designer quality style at an affordable price and there is no commitment to purchase. Each month you will receive a set of personal fashion selections based on your style and preferences in a personalized showroom. Cashmere and Velvet cannot guarantee that a selection available in a particular month will be available in any subsequent month.

PAYMENTS OPTIONS

On Cashmere and Velvet.Com, you have 2 great ways to shop: during checkout with your first order, you may choose Pay As You Go (PAYG) option or choose to join our flexible VIP membership. Both options are great, but feature different perks. Please read the conditions carefully before making your choice. Note that these payment options are reversible, for instance PAYG shoppers are free to join the VIP membership in subsequent orders, and vice versa.

PAYG Payment Option 

The Pay As You Go option is our one-time purchase option. Shoppers pay full price for lingerie sets, and enjoy free shipping and exchanges. Simply place an order, receive your products and enjoy!

Plush Membership Payment Option

Selecting the Plush membership during checkout enrolls you into a flexible, active membership with many benefits. Members enjoy a special in-house price in addition to exclusive deals and sales, reward points and free priorty shipping and exchanges in the U.S.  Benefits of joining the Plush membership are detailed during checkout. The first year of plush membership is completely free. Upon the second year, you will be charged $39.95.  

Membership is reoccurring annually and will be billed the last day of the 12th month. 

To cancel your membership  please contact our customer service during business hours at 1-888-509-6995.  All refunds are subject to our Refund Policy.

BILLING AND PAYMENTS

Paying By Credit Card

For your convenience, when you place your first order, we will save your credit or debit card information and use it for all future purchases, unless you notify us online or through Client Services. We accept the following credit cards at this time: VISA, MasterCard and Discover Card. For your convenience and continuous membership benefits as a client, if your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your membership with us.

Using Store Credits

Store credits can be used to do any type of purchase on Cashmere and Velvet website. If you don't have enough store credits to make a product purchase, you can add a complement using your regular credit card. For security reasons, a one cent fee might be applied to your credit card when you use a store credit. Please note that store credits are valid for 12 monhts after the date issued, with no exceptions. For all Cashmere and Velvet VIP members that have accumulated credits, each month you will have the option of using valid credits towards the purchase of monthly selections. Additional fees such as international shipping, processing fees and taxes, if applicable, are additional and cannot be paid with credits. Unused credits will be forfeited if your Cashmere and Velvet membership is terminated for any reason—whether you choose to cancel or if Cashmere and Velvet cancels your membership for any reason. Your account must be in good standing to be eligible to redeem your credits. You cannot exchange credits for any other form of currency—they have no cash value. Cashmere and Velvet reserves the right to change these terms and conditions at our discretion, and may terminate the credits program at any time. Please note: Credits resulting from the monthly charge on the 6th are only eligible for a refund up to 30 days past the date of the charge. Refunds are at the sole discretion of Cashmere and Velvet.

SHIPPING, RETURNS AND EXCHANGES

Free shipping, free exchanges and easy return to and from addresses within the U.S of any merchandise ordered through the Site or in connection with your membership are subject to the Cashmere and Velvet Shipping, Return and Exchange PoliciesCustomers with addresses outside of the U.S and are welcome to purchase alternative shipping methods at their expense that allows tracking or insurance on the package. Please note that Cashmere and Velvet does is not responsible for packages sent without tracking information. There is no exchange possible on any merchandise given away for free during a promotional operation. All products returned for a refund are subject to a $5.95 restocking fee per set, to be deducted from the amount refunded to the card used for purchase. Returns for a credit will not be charged the $5.95 restocking fee per set.

Replacement of products and credits to your account for shipped merchandises claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation your membership.

RISK OF LOSS

The risk of loss and title for items purchased by you pass to you upon Cashmere and Velvet's delivery of the items to the carrier pursuant to the Cashmere and Velvet Shipping Policy.

LOCAL TAXES

You may be charged local sales tax, if applicable.

INTERNATIONAL ACCESS

This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations. Cashmere and Velvet is not responsible for additional fees such as international shipping, processing fees and taxes, if applicable. Shopper must cover any applicable fees at the time of delivery, to accept the order.

VIP MEMBERSHIP CANCELLATIONS

We will do everything to make your VIP membership as satisfying as possible; however, you are free to cancel your membership any time by calling Client Services at 1.800.433.2367. Monday - Friday from 8:30a.m. To 8:30 p.m. EST and speaking with a representative except if you are enrolled in payment vacation or if your order is processing/in transit. For security reasons, a one cent fee might be charged to your credit card to confirm your cancellation from the VIP membership and will automatically be refunded to your account within 7 days. Members on payment vacation may only cancel their membership after expiration of their payment vacation. Cancellation of your membership will result in an abandonment of your reward points. If you stay, you will be eligible to enjoy long-term membership rewards, such as private sales and special offers for VIP membership 

We may terminate or freeze your VIP membership, without notice, for conduct we believe violates our policies, is harmful to other VIP members or our business interests, or for an inactive account.

ORDER CANCELLATIONS

Unfortunately, we are unable to cancel an order once placed. Cashmere and Velvet strives to ship orders swiftly and efficiently, so once placed, all orders are immediately transferred to our warehouse to be fulfilled and cannot be cancelled. Don't hesitate to reach out to us for more information.

Reward Points

The Buy 5, get 1 free promotion entitles shoppers to a $39.95 credit, applied automatically during checkout, following their fifth purchase. No reward points are earned for sale and promotional items, or those purchased with a promotional voucher.

Cashmere and Velvet Referral Program

Cashmere and Velvet may offer rewards for shoppers referring new customers, including, but not limited to a stated amount in store credit or credit towards free sets.
Shoppers may not refer themselves, and will receive no credit for referring an existing member. Credits are nontransferable, and will be applied to the referring customer’s account only. Cashmere and Velvet may discontinue its referral program at any time, and will not be liable for any loss of income; and Cashmere and Velvet may decline a referral at any time without giving a reason.

DEMAND FOR ARBITRATION

Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Cashmere and Velvet is committed to resolving all disputes in a fair, effective, and cost-efficient manner. Accordingly, our Terms and Conditions (the "Terms") provide that disputes will be resolved in binding arbitration or small claims court. Cashmere and Velvet's arbitration provision, which is set forth below, has been designed to make arbitration as convenient and inexpensive for our customers as possible. Among other things, it specifies that Cashmere and Velvet will bear all costs of arbitration (unless a customer's claims exceed $25,000 or an arbitrator determines that the claims are frivolous), and that, under certain circumstances (explained in the arbitration provision), Cashmere and Velvet will pay a premium if a customer receives an arbitration award greater than the value of Cashmere and Velvet's settlement offer, and will pay the customer's reasonable attorney's fees. As part of Cashmere and Velvet's commitment to a fair, effective, and cost-efficient resolution of all disputes, Cashmere and Velvet has made its current arbitration provision available to all current and former customers. Cashmere and Velvet will abide by the terms of its current arbitration provision in all instances. Customers whose Terms include arbitration provisions that differ from the current arbitration provision may arbitrate pursuant to the terms of either arbitration provision at their discretion. Similarly, former customers whose Terms did not include an arbitration provision may arbitrate their disputes under the current arbitration provision.

DISPUTE RESOLUTION BY BINDING ARBITRATION

Please read this carefully. It affects your rights.

Summary:

Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Client Services department at 1.800.433.2367. In the unlikely event that Cashmere and Velvet's Client Services department is unable to resolve your complaint to your satisfaction (or if Cashmere and Velvet has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $25,000, Cashmere and Velvet will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney's fees from Cashmere and Velvet to the same extent or more as you would in court. Under certain circumstances (as explained below), Cashmere and Velvet will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) his or her reasonable attorney's fees if the arbitrator awards you an amount greater than what Cashmere and Velvet offered you to settle the dispute.

Arbitration Agreement:

(a) Cashmere and Velvet and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:

  • Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
  • Claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
  • Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • Claims that may arise after termination of these Terms.

For the purposes of this Arbitration Agreement, references to "Cashmere and Velvet "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.

Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Cashmere and Velvet are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.

(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Cashmere and Velvet should be addressed to: Notice of Dispute, General Counsel, Cashmere and Velvet, Corp., 499 7th Avenue (Fashion Tower), 19th Floor, South, 10018, New York, NY (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If Cashmere and Velvet and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Cashmere and Velvet may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Cashmere and Velvet or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Cashmere and Velvet is entitled.

 (c) After Cashmere and Velvet receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $25,000. (Currently, the filing fee is $125 for claims under $10,000, but this is subject to change by the arbitration provider. If you are unable to pay this fee, Cashmere and Velvet will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

The arbitrator is bound by these Terms. Unless Cashmere and Velvet and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Cashmere and Velvet. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Cashmere and Velvet was a party. Except as otherwise provided for herein, Cashmere and Velvet will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Cashmere and Velvet for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $25,000 in damages, the payment of these fees will be governed by the AAA rules. An award may be entered against a party who fails to appear at a duly noticed hearing.

(d) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Cashmere and Velvet's last written settlement offer made before an arbitrator was selected, then Cashmere and Velvet will:

  • pay you either the amount of the award or $2,000 ("the alternative payment"), whichever is greater; and
  • pay your attorney, if any, the amount of attorney's fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigation, preparing, and pursuing your claim in arbitration (the "attorney's fees").

If Cashmere and Velvet did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney's fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney's fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

(e) The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws Cashmere and Velvet may have a right to an award of attorney's fees and expenses if it prevails in an arbitration, Cashmere and Velvet will not seek such an award.

(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND CASHMERE AND VELVET.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. The arbitrator shall not award relief in excess of what these Terms provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and Cashmere and Velvet agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

(g) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.

DISCLAIMER AND LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY CASHMERE AND VELVET ON AN "AS IS" BASIS. CASHMERE AND VELVET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CASHMERE AND VELVET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. CASHMERE AND VELVET DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CASHMERE AND VELVET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW CASHMERE AND VELVET'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO CASHMERE AND VELVET DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO CASHMERE AND VELVET'S LIABILITY.

CASHMERE AND VELVET DISCLAIMS ALL RESPONSIBILITY FOR DELAY CAUSED BY CIRCUMSTANCES OUTSIDE OUR CONTROL INCLUDING NATURAL DISASTERS, POWER OUTAGES, TECHNICAL DIFFICULTIES, FIRE, OR ANY OTHER FREAK OCCURRENCE THAT PREVENTS OUR SERVICE FROM RUNNING NORMALLY AND SHALL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN RESPECT TO DELAY OR LOSS.

TYPOGRAPHICAL ERRORS

In the event a product 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, Cashmere and Velvet shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Cashmere and Velvet 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, Cashmere and Velvet shall immediately issue a credit to your credit card account in the amount of the charge.

COPYRIGHT COMPLAINTS

All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2008-2014, Cashmere and Velvet, Corp. ALL RIGHTS RESERVED. Cashmere and Velvet respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our Client Services.

TRADEMARKS

Cashmere and Velvet, Cashmere and Velvet, the logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Cashmere and Velvet. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

REMEDIES

You agree that Cashmere and Velvet's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Cashmere and Velvet shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Cashmere and Velvet may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

No right or remedy of Cashmere and Velvet shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.

No instance of waiver by Cashmere and Velvet of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

LINKS TO THIRD PARTY SITES

This Site may contain links to websites controlled by parties other than Cashmere and Velvet (each a "Third Party Site"). Cashmere and Velvet may work with certain partners and affiliates whose sites are linked with Cashmere and Velvet. Cashmere and Velvet is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any web site accessed from a Third Party Site or any changes or updates to such sites. Cashmere and Velvet makes no guarantees about the content or quality of the products or services provided by such sites. Cashmere and Velvet is not responsible for webcasting or any other form of transmission received from any Third Party Site. Cashmere and Velvet is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cashmere and Velvet of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Cashmere and Velvet is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

ADDITIONAL TERMS

By continuing your membership, you accept and agree to the terms of this Membership Agreement and any changes we make to this document once we notify you of these changes. If you do not wish to be bound by this Agreement, please see above for how to cancel your membership. Your edits or changes to either the online or offline versions of this Agreement or a membership offer will not be effective, regardless of form.

You must provide and keep us up to date with accurate member information, including your name, address, credit card number and expiration dates. You agree that we may update your information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to the Cashmere and Velvet Privacy Policy, incorporated into this Agreement. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.

Promotional offers cannot be combined.

 

 

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