Terms and Conditions
This website - http://shop.esthergoh.com (the "Site") is being made available to you free-of-charge. The terms "you", "your", and "yours" refer to anyone accessing, viewing, browsing, visiting or using the Site. The terms "shop.esthergoh.com", "esthergoh.com", "we", "us", and "our" refer to Shop.EstherGoh.com, its affiliates and subsidiaries. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. As such, you should check these Terms and Conditions periodically. Changes will not apply to any orders we have already accepted unless the law requires. If you violate any of the terms of these Terms and Conditions you will have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the Site. Your accessing, viewing, browsing and/or using the Site after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these Terms and Conditions were last updated.
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
DISCRIMINATION
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
PRIVACY
Please review our Privacy Policy, which also governs your visit to the Site. To the extent there is a conflict between the terms of the Privacy Policy and the Terms and Conditions, the Terms and Conditions shall govern.
COPYRIGHT
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to ?fair dealing? under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
INTELLECTUAL PROPERTY INFRINGEMENT
We rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, "Associates") who supply some of the goods advertised on the Site and, in some cases, drop ship them directly to our customers. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or otherintellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed;
- A description of where the material that you claim is infringing is located or identified on the Site; Your name, address,telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectualproperty owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are theowner of the copyright or intellectual property or authorized to act onbehalf of the owner of the copyright or intellectual property.
SITE ACCESS
You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of shop.esthergoh.com or its Associates without our express, prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, prior written consent.
EXPORT
The U.S. export control laws regulate the export and re-export of technology originating in the UnitedStates. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
LINKS
We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site are independent from us, and we have no control over the content of that other website. In addition, a link to any other web site does not imply that we endorse or accept any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The Site is provided on an "AS IS," "as available" basis. Neither shop.esthergoh.com, nor its Associates warrant that use of the Site will be uninterrupted or error-free. Neither shop.esthergoh.com, nor its Associates warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or services offered for sale on the Site. Further, shop.esthergoh.com makes no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. shop.esthergoh.com specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by shop.esthergoh.com or its Associates shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.
Under no circumstances shall shop.esthergoh.com or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to shop.esthergoh.com records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of shop.esthergoh.com has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer or Associates for details.
The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
TERMINATION OF USAGE
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
APPLICABLE LAW
If you access the Site from anywhere in the United States or Canada, you agree that the laws of the State of Utah, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and shop.esthergoh.com and/or its Associates.
DISPUTES
If you access the Site from within the United States or Canada, any dispute relating in any way to your visit to the Site, to these Terms and Conditions, to our Privacy and Security Policy, to our advertising or solicitation practices or to products you purchase through the Site shall be submitted to confidential arbitration in Salt Lake City, Utah, USA, except that, to the extent you have in any manner violated or threatened to violate shop.esthergoh.com's intellectual property rights, shop.esthergoh.com may seek injunctive or other appropriate relief in any state or federal court in the State of Utah, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION AND SEVERABILITY
Please review our other policies, such as our Privacy and Security Policy, Returns Policy, Shipping & Delivery Policy and others, all of which are incorporated herein by this reference and are posted on the Site and may be accessed by using the Search Help function on this page. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Disclaimers of Warranty and Limitations of Liability
To all international customers only, we warrant to you that, where you buy a product as a consumer, any product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied and will conform with description or sample.
Our liability for losses any international customer suffers as a result of us breaking these Terms and Conditions or anything else we do or do not do in connection with any order is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could reasonably be contemplated by the parties at the time your order is accepted by us.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
This does not in any way limit or exclude any liability of us (a) under section 2(3) of the Consumer Protection Act 1987, (b) for breach of any condition as to title or quiet enjoyment implied by section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982; (c) for death or personal injury caused by our negligence or (d) for fraudulent misrepresentation.
Other than the warranties and other assurances we give you in these Terms and Conditions, shop.esthergoh.com specifically disclaims all warranties, conditions and other terms of any kind, whether expressed or implied, including but not limited to implied terms of satisfactory quality or fitness for purpose. No oral advice or written information given by shop.esthergoh.com shall create a warranty (unless made fraudulently).
Applicable Law
If you access the Site from anywhere other than the United States or Canada, you agree that English law will govern these Terms and Conditions and the purchase of products by you through the Site and that any dispute of any sort that might arise between you and shop.esthergoh.com or its affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Payment Information
You can shop at all our sites by using a credit card. Prices will be displayed in the home currency of each site. Your credit card provider will convert your purchase to your home currency on your credit card statement.
International Direct
International Direct provides Women Shopping customers with duty and tax estimation during checkout, as well as customs clearance through the courier. With this unique service, your order will arrive at your door without surprise duty charges.