Terms and Conditions

Last updated: March 01, 2023

Eri + Ali® Tops, Clothing (“Eri + Ali,” “we,” “our,” or “us”) welcomes you. The following terms and conditions (these “Terms”) apply to your use of https://eriali.shop (the “Site”). Please read them carefully before using our Site.

By accessing or using the Site, you indicate that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site.

We may make changes to these Terms from time to time. If we make changes, we will post the revised version and update the “Last Updated” date above. Your continued use of the Site following the posting of changes constitutes your acceptance of such changes. We encourage you to review these Terms whenever you access or use the Site to make sure you understand the terms and conditions that apply at that time.

Use of the Site

You must be at least 18 years old or have reached the age of majority in your jurisdiction to open an account or make purchases on the Site. If you open an account on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to legally bind that entity and grant Eri + Ali all permissions and licenses provided in these Terms.

Certain areas and features of the Site may be subject to additional terms and conditions, which you should read carefully before accessing such areas or using such features. If there is a conflict between these Terms and the additional terms applicable to a specific area or feature of the Site, the additional terms will control with respect to that area or feature.

Account Registration. You may browse the Site without registering, but as a condition of using certain features or areas of the Site, you may be required to register with Eri + Ali and select a username and password. You represent and warrant that the information you provide to Eri + Ali upon registration and at all other times is true, accurate, current, and complete. You may not impersonate any other person or use a username that is the name of another person, entity, or organization, that is subject to rights of another person or entity without authorization, or that is offensive. You are responsible for protecting the confidentiality of your username and password, and you are solely responsible for any activities or actions taken under your account, whether or not authorized by you. You agree to notify Eri + Ali immediately if you suspect or become aware of any unauthorized use of your account.

Purchases. Eri + Ali allows you to purchase products through the Site. You agree to pay the prices displayed, which include any applicable taxes, when you purchase using the Site. Eri + Ali may change prices at any time. All payment information you provide to Eri + Ali or its third-party payment processors must be accurate.

Availability of Products and Pricing. We strive to provide accurate product and pricing information, but errors may occur. If we discover an error in the price or other information about a product listed on the Site, we will provide notice of the correction and give you an opportunity to re-confirm your order at the correct price. If you do not confirm your order after notice of the error, your order will be cancelled and any amounts previously charged will be refunded to you.

If we cannot fulfill or ship an order due to issues with the product listing or inventory, we will provide notice explaining the cancellation and any amounts previously charged will be refunded to you.

Returns. If you are not completely satisfied with a purchase you made through the Site, you may be entitled to a refund. See our Returns and Refunds Policy [insert link] for details.

Shipping Policy. See our Shipping Policy [insert link] for details about how we handle shipping and delivery of orders.

Taxes. You are responsible for any taxes applicable to your use of the Site or any purchases made through the Site (other than taxes on Eri + Ali’s income). If Eri + Ali is required to collect sales tax on purchases you make through the Site, the tax amount will be disclosed during checkout.

Acceptable Use Policy

You agree not to use the Site to:

Harvest, collect, or attempt to collect the personal information, email addresses or other contact information of others without their consent;
Send unsolicited commercial messages or communications in any form (SPAM);
Infringe upon the copyrights, trademarks, trade secrets, or other intellectual property rights of others;
Infringe upon the right of publicity or privacy rights of others;
Post or transmit content you do not have the right to transmit or that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
Post or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Advertise or offer to sell any goods or services for any commercial purpose through the Site unless such communication facility specifically allows such messages;
Conduct or forward surveys, contests, pyramid schemes or chain letters;
Download any file or content posted by another user that you know, or reasonably should know, cannot legally be distributed in such manner;
Probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.

You also agree to abide by our Community Guidelines [insert link] when using any interactive or social features of the Site.

User Content

The Site may allow you and other users to post, upload, share, store, or otherwise provide content such as text, images, videos, reviews, ratings, tags, ideas, and other information or materials (collectively, “User Content”).

Ownership. As between you and Eri + Ali, you own the User Content you provide, and you grant Eri + Ali a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content in connection with operating and providing the Site and our related services.

No Obligation. We are not obligated to post, display, or otherwise use any User Content. We may also impose limits on certain features or restrict your access to parts or all of the Site without notice or liability.

Monitoring. We do not control, verify, or endorse User Content, and you use and access such User Content at your own risk. That said, we reserve the right, but do not have the obligation, to monitor User Content to determine compliance with these Terms and any authorized use of Eri + Ali’s intellectual property. We may disclose any User Content, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect ourselves, our affiliates, and our partners; and to comply with legal obligations or governmental requests.

Community Rules. Your use of certain features on the Site may be subject to additional rules, guidelines, or policies, and you agree to abide by any such additional terms when using those features. If you see objectionable User Content, please report it through our abuse reporting process [insert link].

Copyright Policy

Eri + Ali respects the intellectual property rights of others. We require all users to comply with copyright and fair use laws. We have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Site who are repeat infringers.

If you are a copyright owner or an agent thereof and believe that any User Content or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Eri + Ali’s Copyright Agent with the following information in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Eri + Ali to locate the material;
Information reasonably sufficient to permit Eri + Ali to contact the complaining party, such as an address, telephone number, and, if available, an email address;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Eri + Ali’s designated Copyright Agent to receive notifications of claimed infringement is:

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be valid.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter-Notification Procedures. If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the counter-notification must include substantially the following:

Your physical or electronic signature;
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Northern District of California if you reside outside the United States) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notification.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringer Policy

It is Eri + Ali’s policy in appropriate circumstances to disable or terminate the accounts of users who are repeat infringers.

Linking to the Site

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the homepage without our prior written consent. We reserve the right to withdraw linking permission without notice.

Third-Party Websites; Advertisements

The Site may contain links to third-party websites. Eri + Ali provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such sites. Your use of such sites is at your own risk.

The Site may also integrate third party applications (such as social networking services), make third party advertisements available to you, or contain links to third party advertisements. Eri + Ali does not review, approve, monitor, endorse, warrant, or make any representations with respect to such third party applications, advertisements, products or services, or the parties that provide them. Your interactions with such features and use of third party applications, products, services and advertisements are solely between you and the relevant third parties. By using the Site, you may receive interest-based advertisements provided through the Site.

Termination

These Terms are effective unless and until terminated by either you or Eri + Ali. You may terminate these Terms at any time by discontinuing your use of the Site and destroying all materials obtained from the Site and all related documentation and all copies and installations thereof.

Eri + Ali may immediately terminate these Terms if (a) you fail to comply with any provision of these Terms, (b) we are required to do so by law, (c) the provision of the Site to you is no longer commercially viable, or (d) we discontinue providing the services related to the Site.

If we terminate your access to or use of the Site due to your breach of these Terms, you shall not thereafter access or attempt to access the Site. The following provisions will survive termination: Limitation of Liability, Indemnity, Disclaimers of Warranties, Dispute Resolution, and General Provisions.

Dispute Resolution

Informal Negotiations. You and Eri + Ali agree to first attempt to resolve any dispute informally for at least 30 days before initiating any arbitration or court proceeding, except that either party may seek provisional relief if necessary to prevent irreparable harm.

Binding Arbitration. If we cannot resolve a dispute by informal negotiation, you and Eri + Ali agree to resolve any claims relating to these Terms through final and binding arbitration, except as set forth under Exceptions to Arbitration below. The arbitration shall be conducted by JAMS in accordance with its Comprehensive Arbitration Rules & Procedures and the supplementary procedures for consumer related disputes then in effect (collectively “JAMS Rules”), unless those rules conflict with this provision, in which case this provision controls. The JAMS Rules are available at http://www.jamsadr.com or by calling JAMS at 1-800-352-5267. The arbitration will be conducted before a single neutral arbitrator and will be limited solely to the dispute between you and Eri + Ali. Any dispute shall be arbitrated on an individual basis, and shall not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party.

Exceptions to Arbitration. Either party may bring an action in state or federal court located in Los Angeles County, California to seek temporary or preliminary injunctive relief in connection with any breach or threatened breach of these Terms prior to the commencement or completion of informal negotiations or arbitration subject to this Dispute Resolution section. Only a court, and not an arbitrator, shall determine the validity and effect of this Dispute Resolution section. Only in the event that a court having proper jurisdiction finds that this Dispute Resolution section is invalid or unenforceable, then any dispute will be brought and adjudicated in the state or federal courts located in Los Angeles County, California.

Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by JAMS Rules, unless otherwise stated in this agreement to arbitrate. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Eri + Ali will pay them for you.

Authority of Arbitrator. The arbitrator will decide the jurisdiction, admissibility, and relevance of any evidence, and will not be bound by rules of procedure or evidence other than the JAMS Rules. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute prior to the commencement of or during an arbitration. The arbitrator shall have the authority to award damages and other relief expressly provided by an applicable statute, such as punitive damages.

Enforcement. You or Eri + Ali may bring an action in any court of competent jurisdiction to compel arbitration under this Dispute Resolution section and to enforce an arbitration award.

Limitation of Liability

Exclusion of Damages. In no event shall Eri + Ali, its directors, officers, shareholders, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site or any products procured using the Site, even if Eri + Ali has been advised of the possibility of such damages.

Limitation of Liability. In no event shall Eri + Ali’s aggregate liability arising out of or in connection with these terms or from the use of or inability to use the site or content exceed the amounts you have paid Eri + Ali in the past twelve (12) months. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Eri + Ali and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Disclaimer. In no event shall Eri + Ali or its suppliers be liable for any damages whatsoever arising out of or related to your use or inability to use the Site and the content, services and products provided on the Site, including but not limited to loss of revenue or anticipated profits or lost business, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if Eri + Ali has been advised of the possibility of such damages.

Indemnification

You shall defend, indemnify, and hold harmless Eri + Ali, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all losses, costs, liabilities and expenses (including reasonable attorneys’ fees) they may incur arising out of or related to: (a) your violation or breach of any term of these Terms; (b) your violation of applicable laws, rules or regulations in connection with your access or use of the Site; (c) any claim that your User Content caused damage to a third party; (d) any activity related to your Eri + Ali account (including negligent or wrongful conduct) by you or any other person accessing the Site using your internet account or your account credentials; and (e) any content you provide through the Site.

Governing Law and Jurisdiction

These Terms and your use of the Site are governed by the laws of the State of California, excluding California’s conflicts of laws rules.

Disputes

Any dispute, controversy or claim arising out of or relating to these Terms or your use of the Site will be subject to the Governing Law and Jurisdiction provision above, except to the extent that it is contrary to, or prohibited by, the arbitration and class action waiver provisions above.

General Provisions

Electronic Communications. By using Eri + Ali, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to our services. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Entire Agreement. These Terms constitute the entire agreement between you and us regarding the subject matter of these Terms, and these Terms supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Severability. If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision will be deemed severable from these Terms and will not affect the validity or enforceability of the remaining provisions.

Assignment. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction.

No Waiver. Our failure to assert any right or provision in these Terms shall not constitute a waiver of such right or provision, and no waiver of any term shall be deemed a further or continuing waiver of such or other term.

Modifications. We may modify these Terms from time to time. If we make changes, we will post the amended Terms to the Site and update the Effective Date above. We will also provide notice to you. You can review the most current version of the Terms at any time on the Site. Your continued use of the Site following the posting of amended Terms constitutes your acceptance of any such changes. If you do not agree to the amended Terms, you must stop using the Site.

Thank you for your cooperation.