Terms and Conditions

 

Terms and Conditions ("Terms")

Last updated: March 24, 2016

This website is operated by Ellie Cashman Design BV ("us", "we", or "our"), located in the Netherlands. Please read these Terms and Conditions ("Terms", "Terms and Conditions") as they apply to the use of our United States & Canada website, www.elliecashmandesign.com/us, and the services offered thereon (together, the "Site").

Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site.

By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms then you are not permitted to access the Site.

 

Company information

Ellie Cashman Design BV is located at the Veemarktkade 8, 5222 AE in ’s-Hertogenbosch, the Netherlands, and is registered at the Chamber of Commerce with number 67535887 and with VAT-number NL.857058770.B01. All products are designed and produced in the Netherlands.

Ellie Cashman Design LLC is located at 208 Lowden Street. Pawtucket, RI 02860, United States. This office provides customer support and administrative services for United States and Canadian customers.

 

Purchases

If you wish to purchase any product or service made available through the Site ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

 

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Site.  We strive to ensure the Site is accurate, but we cannot guarantee that all information presented on the site is up to date and correct. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Site may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

 

Content

Our Site may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"), including in comments and product reviews. You are responsible for the Content that you post to the Site, including its legality, reliability, and appropriateness. You may not submit or upload Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.

We do not claim ownership to your Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the the Site and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.

You represent and warrant that your Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your Content in all manners contemplated by these terms.   You agree not to use the Site to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.

 

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Site.

You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password, whether your password is with our Site or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

 

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Site infringes the copyright or other intellectual property infringement ("Infringement") of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Site, you must submit your notice in writing to the attention of "Copyright Infringement" of info@elliecashmandesign.com and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

 

Intellectual Property

The Site and its contents (excluding Content provided by users), features and functionality are and will remain the exclusive property of Ellie Cashman Design BV and its licensors. The Site and its contents are protected by local and international copyright, trademark, patent, trade secret and other intellectual and industry property rights in the United States, the Netherlands and other foreign countries. No right our license to our trademarks, designs, trade dress, copyrights or other intellectual property rights are granted by your use of the Site. Our trademarks, copyrights, designs and trade dress may not be used in connection with any product or service without the prior written consent of Ellie Cashman Design BV.

 

Unsolicited Ideas and Submissions

Our policy is not to accept or consider unsolicited ideas, suggestions or materials. In connection with anything you submit to us you agree that the ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.

 

Links To Other Web Sites

Our Service may contain links to, be integrated in or to, or provided in connection with third-party web sites or services. Ellie Cashman Design BV has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Ellie Cashman Design shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation your breach of the Terms.

Upon termination, your right to use the Site will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site.

 

 Limitation Of Liability

In no event shall Ellie Cashman Design BV, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Disclaimer

Your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "AS AVAILABLE" basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Ellie Cashman Design its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Rhode Island, USA without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Site.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. New Terms shall be posted on this webpage, and be effective as of the date posted. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site.

 

Contact Us

If you have any questions about these Terms, please contact us at info@elliecashmandesign.com.

 

 

Returns and Refunds Policy


Thank you for shopping with Ellie Cashman Design BV. If you are not entirely satisfied with your purchase, we're here to help!

 

Returns and Exchanges

Our products can be returned or exchanged within 14 days of the original date of purchase of the product, unless the product is a custom good (i.e. custom sized fabrics or wallpapers) or indicated as not returnable at the time of purchase. Sale items are returnable, unless otherwise indicated. Products eligible for return or exchange must:

-       have been purchased in the preceding 14 days;
-       be in their original packaging; and
-       not have been used or damaged.

To process your return, please first contact us by either phone (401.335.0683) or email (info@elliecashmandesign.com).

 

Shipping charges

Shipping charges incurred in connection with the return of a product are non-refundable. You are responsible for paying the costs of shipping to our US office and for the risk of loss of or damage to the product during shipping, both to and from Ellie Cashman Design. The address of our US office is:

Ellie Cashman Design LLC
208 Lowden Street
Pawtucket, RI, 02860
United States

 

Damaged items

If you received a damaged product, please notify us immediately for assistance.

 

Contact us

If you have any questions about our Returns and Refunds Policy, please contact us:

Phone: 401.335.0683

Email: info@elliecashmandesign.com