Terms of Use

Last Updated: April 13, 2017

Please review the following terms and conditions ("Terms of Use"). These Terms of Use govern your access to and use of, and purchase of products from (collectively, "Use" or “Using” or other variations of that word as a verb or noun) of our website, www.cesttoi.com (“Site”). By Using our Site you are agreeing to all of the Terms of Service (as we may update or change them from time to time). In these Terms of Use, “C’est Toi”, “we”, “us”, or “our” refer to C’est Toi Jeans LLC.

These Terms of Use include:

our Privacy Policy
Shipping and Returns and
any other rules, guidelines, policies, terms, and conditions applicable to any service available through this Site (e.g., Customer Reviews)

Each of the above guidelines, policies, terms and conditions is included in (and incorporated into) these Terms of Use by reference.

USING THE SITE CONSTITUTES YOUR LEGALLY BINDING AGREEMENT TO ALL THE PROVISIONS OF THESE TERMS OF USE, AS THEY MAY BE CHANGED FROM TIME TO TIME. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE EXIT AND DO NOT USE THIS SITE.

Access to Site

As long as you strictly comply with these Terms of Use, we grant you a non-exclusive, non-transferable and limited privilege to Use the Site. We reserve the right, without notice, to withdraw or amend the Site or your permission to Use the Site. We will not be liable if the Site is not available at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

The Site is not targeted towards or intended for Use by anyone under the age of 18. By Using the Site‚ you represent that you are 18 years of age or older or that you are Using the Site under the supervision of an adult who is responsible for your conduct.

We may assign you a password and account identification to enable you to Use certain portions of this Site. We may assume without investigation that any person using your password and account identification has the authority to do so. YOU ARE RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU (WHETHER OR NOT YOU AUTHORIZED SUCH ACCESS AND USE), INCLUDING ALL OF THE COMMUNICATIONS AND TRANSMISSIONS AND ALL FINANCIAL AND OTHER OBLIGATIONS INCURRED THROUGH SUCH USE UNDER YOUR PASSWORD AND ACCOUNT IDENTIFICATION. You must protect the security and confidentiality of the password and identification assigned to you, and immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

When you Use the Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.

You, and anyone using your password or identification, must not make improper Use of this Site. Examples of misuse include to:

commit, facilitate or encourage a criminal offence or any other violation of applicable law;
download‚ modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of the Site‚ except and to the extent expressly permitted under these Terms;
remove any copyright‚ trademark or other proprietary rights notice contained in or on the Site;
use any scraper, robot, spider, or other automated mechanism to access the Site or to extract data or download content;
collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;
reformat or frame any portion of any Web pages that are part of the Site;
create user accounts by automated means or under false or fraudulent pretenses;
create or transmit to other Users unsolicited electronic communications‚ such as “spam‚” or otherwise interfere with other Users’ enjoyment of the Site;
transmit or upload to the Site any item containing or embodying any a virus, Trojan horse, worm, logic bomb, or any other material or feature that is malicious, that corrupts data, or damages or degrades the performance of the Site or its Use by any User;
Use the Site to violate the security of or gain unauthorized access to any computer, network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
copy or store any User Content offered on the Site other than for your personal‚ non-commercial use;
infringe on, misappropriate or violate any other person’s intellectual property or privacy rights;
take any action that imposes‚ or may impose‚ in our judgment ‚ an unreasonable or disproportionately large data or traffic load on the Site or the infrastructure used to operate and make the Site available.

You consent to our monitoring of your Use of the Site for any purpose, including to provide you with assistance in the Use of the Site and to monitor compliance with these Terms of Service. If we suspect that your improper Use violates the law, we may report the suspected violation to relevant law enforcement authorities and we may disclose your identity to them.

This Site is intended for our retail Users, for their personal and non-commercial Use.

Site Contents

The Site and its entire contents, features and functionality (including all text, information, displays, graphics, button icons, images, video and audio clips, and software (collectively, "Content"), and the design, collection, arrangement, and assembly of all Content on this Site (the "Compilation"), belong exclusively to [C’est Toi] or its affiliates. All software used on this Site (the "Software") is the property of [C’est Toi], its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international laws and regulations regarding intellectual property and fair trade practices, including copyright, trademark, patent, trade secret, and other laws. Any use of our Content, Compilation or Software without our express written consent is strictly prohibited.

This Site may include links to other Internet sites maintained by third parties ("Linked Sites"). We provide Linked Sites to you solely as a convenience, and when you access them you leave our Site. We accept no liability for any Linked Sites, or any product or service referred to in any Linked Site, and you access and use them at your own risk. The inclusion of Linked Sites does not imply our endorsement of the Linked Sites or any products or services referred to in them.

Comments, Feedback and Other Submissions

You may provide us with comments or feedback regarding the Site, our products and our services. We do not, however, accept confidential or proprietary information, and we also do not accept or consider creative ideas, suggestions, proposals, plans, or other materials that you may submit to us. All comments, reviews, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to us Using this Site or otherwise (collectively, "Submissions") are not confidential and will automatically become our exclusive property (including all worldwide intellectual property rights and related goodwill) and we will not return them to you. This gives us, among other things, the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions and to use the name that you provide with any Submissions. You also agree that portions of the Site are public, and your Use of the Site allows other users to have access to your Submissions which they might copy, modify, distribute, or rely upon without your express permission and your risk.

Your Submissions must not violate, infringe or misappropriate any right of any third party, and must not contain any deceptive, libelous, abusive, obscene or otherwise offensive or unlawful material. We may, but are not required to, remove or edit any Submissions (including comments or reviews) for any reason.

The Contents are intended solely for your personal, noncommercial use. You may copy other Contents displayed on the Site for your personal, noncommercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any permitted copying.

No right, title or interest in any Contents is granted or transferred to you as a result of any Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in civil and criminal penalties.

Purchase of Merchandise

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and acceptance by us, including confirmation of the order price. We may choose not to accept any order in our discretion. After we receive your order we will send you an email with an order number and confirmation of other details of your order.

All prices are subject to change without notice. Prices do not include taxes or charges for shipping and handling. Taxes and other charges will be itemized in your shopping cart.

We will arrange for shipment of products to you. Title and risk of loss pass to you when we transfer the product to the carrier. Delivery dates are estimates and may be subject to delays. We are not liable for any delays in shipment.

The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated. Terms of payment are within our sole discretion and [, unless otherwise agreed by us in writing,] payment must be received by us before our acceptance of an order. We use Stripe to process payments. Stipe accepts a credit card from almost any country but in United States dollars. You may be charged fees by your bank. Stripe has its own terms and conditions of use and you should review them. You represent and warrant that (i) the credit card information you supply is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.]

[RETURNS] [POSSIBLE LANGUAGE: Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 14 days of your receipt of the shipment for full refund for products returned in their original condition. If returned after 14 days you will be given store credit. . You will be given a confirmation code in an email after we’ve received returned goods. A pre-paid return label is provided attached to your packing slip. If you choose not to use the label, please ship the item(s) to C’est Toi Jeans, Inc. 3008 S San Pedro St, Los Angeles, CA 90011. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. Refunds are processed within approximately 7 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. We offer no refunds on any products designated on this site as non-returnable.

[CUSTOMER SERVICE]

If you have a concern or complaint about your order, please contact our customer service team:

by email at info@cesttoi.com
by phone at 323-325-8200
by mail at 3008 S San Pedro St, Los Angeles, CA 90011

Products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy.

Information on our Site may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right at any time without prior notice (including after you have submitted your order) to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate. Also, because of differences in monitors and other technology, we cannot guarantee that your computer monitor's display of any color or style will be accurate.

Disclaimer of Warranties; Limitation of Liability; Indemnity

You expressly agree that your Use of the Site‚ and of any user content‚ information‚ advice‚ services‚ products‚ and other materials contained in or described on the site‚ is entirely at your own risk‚ and that all such information and materials are provided on an “as is” and “as available” basis.

THIS SITE, THE PRODUCTS AND SERVICES OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS OR SERVICES INCLUDED ON THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM 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. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE 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, OUR 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 US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.

The foregoing does not affect any warranties or damages that cannot be excluded or limited under applicable law. To the extent any such law applies to you‚ the limitations described above may not apply to you.

You agree to indemnify and hold us and our affiliates‚ licensors‚ directors‚ officers‚ members‚ managers‚ employees‚ agents‚ and representatives‚ harmless from and against any losses‚ costs‚ expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim‚ cause of action‚ suit or demand of any third party due to‚ arising out of or related to (i) your Use of the Site‚ (ii) User Content you use, post‚ upload, distribute or transmit‚ (iv) your violation of these Terms of Use‚ (v) any use of your User ID or password by you or any third party‚ or (vi) the infringement or other violation by you‚ or any third party using your username or password ‚ of any intellectual property or other right of any person or entity.

Disputes

YOU AND WE AGREE THAT ALL CLAIMS AND DISPUTES RELATED TO THESE TERMS OF USE, THE USE AND/OR PERFORMANCE OF THIS SITE OR ANY PRODUCT OR SERVICE PURCHASED ON THIS SITE, MUST BE RESOLVED BY BINDING ARBITRATION. However, we or you may also assert individual claims in small claims court if your claims otherwise qualify. The arbitration will be conducted with the American Arbitration Association (see https://www.adr.org for information) under its Commercial Arbitration Rules by a single neutral arbitrator. As much as possible, the arbitrator will also allow for the presentation of evidence by alternative means including video conferencing, internet communication, telephonic conferences and means other than an in-person presentation (provided there is an opportunity to cross-examine witnesses). Before, during, or after arbitration you and we may seek interim equitable and injunctive relief, which does not waive the right to compel arbitration. For claims involving amounts under $10,000 we will reimburse you for your filing fee with the American Arbitration Association, hearing fees and arbitrator compensation. The dispute will not be consolidated with any other matters or joined with any other cases or parties. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitrate the claims for which this waiver is not effective and instead all such claims and disputes will be resolved in any court having jurisdiction. IF THE DISPUTE IS RESOLVED BY LITIGATION RATHER THAN ARBITRATION, THEN TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, YOU AND WE WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY SUCH ACTION OR PROCEEDING.

You and we agree that all claims and disputes related to these Terms of Use, the Use and/or performance of this Site or any product or service purchased on this Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action or claim shall be permanently barred.

Applicable Law

Your Use of the Site, these Terms of Use and any dispute related to the foregoing shall be the substantive laws of the State of California, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims.

Miscellaneous

These Terms of Use contain all of the terms and agreements governing Use of the Site and any products or services purchased through the Site, and supersede all prior understandings, statements, or agreements about that subject (none of which are binding or may be relied on).

These Terms of Use prevail over any terms or conditions in any of your documentation including your purchase order, general terms and conditions or any other document you issue in connection with any purchase of Products, regardless whether or when submitted. Our fulfillment of your order does not constitute our acceptance of your terms and conditions (all of which are hereby rejected) and does not modify or amend these Terms of Use.

We have not authorized anyone to make any representations, statements or promises in addition to or in any way different than those in these Terms of Use. No person other than you and us (and our successors and assigns) has any rights or remedies under these Terms of Use.

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable to any extent in any context, that provision shall be modified or restricted however necessary to render it valid, legal, and enforceable in that context. Modification or restriction may be accomplished by mutual agreement between you and us; or, alternatively, by disposition of a court or arbitrator as provided above. If the provision cannot be modified or restricted, then: that provision will be fully severed, these Terms of Use will be construed and enforced as if the illegal, invalid or unenforceable provision was never a part of hereof, and the remaining provisions of these Terms of Use will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance from these Terms of Use.

Claims for Copyright Infringement

If you believe that any portion of this Site copies your work of authorship in a way that constitutes copyright infringement, please provide a signed statement: (i) that you are the owner of the copyright or authorized to act on the owner’s behalf; (ii) a description of the copyrighted work you believe has been infringed on and the portion of the Site that you believe is infringing; (iii) a statement that you believe in good faith that our use of the work is not authorized; and (iv) your contact information. You must sign the statement and affirm that it is accurate to the best of your knowledge under penalties of perjury. Please send this statement to our copyright agent. Our copyright agent for notice of claims of copyright infringement on this Site is: May Delos Santos, C’est Toi Jeans, Inc. 3008 S San Pedro St, Los Angeles, CA 90011.

Contact Us

Please send any questions or comments regarding this Site to:
info@cesttoi.com
John Won, C’est Toi Jeans, Inc. 3008 S San Pedro St, Los Angeles, CA 90011.