Terms and Conditions
Any new tools, services, or features which are added to the current website shall also be subject to the terms and conditions. You can review the most current and updated version of the terms and conditions at any time on this page. We reserve the right to update, alter or replace any part of these terms and conditions by posting updates and/or changes to our website. It is your responsibility to refer and read this page periodically for any changes. Your continued access to the website, including use of the website subsequent to any changes constitutes acceptance of those changes and updates.
Our store is hosted on Shopify, who provides us with the online e-commerce platform that allows Haute Tulip to sell our products and services to you.
THIS AGREEMENT WITH HAUTE TULIP CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION WILL BE MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT FROM USING THE SITE. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING, OR BUYING ANY PRODUCT THROUGH HAUTE TULIP AND THE WEBSITE: INCLUDING PRODUCTS DIRECTED FROM SOCIAL MEDIA ACCOUNTS: FACEBOOK AND/OR INSTAGRAM.
SECTION 1 - Online User Obligations
By downloading, accessing or using our website, you represent that you are at least eighteen years old or the legal age of majority, whichever is greater, and you are agreeing to the terms and conditions. You, the customer, are also agreeing to abide by all applicable local, state, and national laws and regulations within your use of the site. When submitting information to Haute Tulip through the website, you also represent that you shall at all times provide true, accurate, current, and complete information (and updates thereto).
Per this agreement, you shall only use the website as permitted, and you shall not use the content on the website or the website itself for any commercial, political, obscene, illegal, or inappropriate purpose. You are also not permitted to use our products for any unauthorized purpose. You agree to not transmit any worms, viruses, or any code of a destructive nature to the website.
Haute Tulip reserves the right, in its sole discretion, to immediately terminate your access to the website for any or no reason. Also, any breach or violation of any of the terms and conditions will result in the immediate termination of access to the site and services. If you choose to register for an account with Haute Tulip on the website, you may be required to designate an email address and password, and there may be additional requirements decided by Haute Tulip as necessary. By submitting this information, you agree to assume all responsibility concerning your use of the website, including all activity occurring through your password, as well as related account access. It is your responsibility to immediately notify Haute Tulip if you suspect or become aware of any loss, theft, or unauthorized use of your account and password.
SECTION 2 - General Conditions
Haute Tulip reserves the right to refuse service to anyone for any reason at any time. You understand that your content which does not include your credit card information, may be transferred unencrypted and may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. Your credit card information is always encrypted. By using this site, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the services and products without the permission of Haute Tulip. You may not extract, reproduce, or distribute the content of our website without our prior written consent.
Haute Tulip is not responsible if any information made available on this site is not accurate, complete, or current. This site has material that is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate and complete sources of information. Any reliance, by you, on the material on this site is at your own risk.
Haute Tulip reserves the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. It is your responsibility to monitor any changes and/or updates to our site.
SECTION 3 - Website Purchases
All purchases made through Haute Tulip’s website are subject to our acceptance. This means that we have the right to refuse to accept or may cancel any transaction, in our sole discretion, and without liability to you or any third party. You are not permitted to resell items offered on the website. Haute Tulip expressly conditions its acceptance of your order per your agreement to these terms and conditions, which are provided to you on the website. When you order products from the website, you agree to provide true, accurate, current, and complete information.
As stated, we reserve the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the website without incurring any obligation to you. Prices and availability are subject to change without prior notice, and Haute Tulip reserves the right to revoke any offer or promotion to correct any errors, inaccuracies, or omissions. Products may only be available exclusively online through our website. Our products may have limited quantities and are subject to return or exchange only according to our return policy.
Haute Tulip wants you to be satisfied with your purchases from our website. If you wish to return a product purchased, please review our return policy, which is incorporated herein by reference.
Haute Tulip has made every effort to display products as accurately as possible. However, we cannot guarantee that your computer or device’s display of any color, pattern, or texture will be accurate. Haute Tulip does not warrant that the quality of any of our products purchase or obtained by you will meet your expectations. Haute Tulip reserves the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. This right will be determined on a case-by-case basis. We reserve the right to limit the quantities and availability of any product on our site, including the decision to restock the product. Any and all descriptions of products, as well as product pricing, are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product on our website at any time. Any offer, promotion, coupon, certificate for any product on our website is void where prohibited.
SECTION 4 - Dispute Resolution by Binding Arbitration and Class Action Waiver
Any dispute relating in any way to your use of the website, the products, or any purchase or otherwise related to this agreement (“disputes”) shall be submitted to confidential arbitration in Louisville, Kentucky, USA and shall be governed exclusively by the laws of the State of Kentucky, excluding its conflict of law provisions. If a Dispute arises under this Agreement, you agree to contact us by email at firstname.lastname@example.org. Before formally submitting a Dispute to arbitration, you and Haute Tulip may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes, other than those filed in small claims court, shall be submitted to final and binding arbitration before a single arbitrator in a location convenient to you or telephonically. Either you or Haute Tulip may commence the arbitration process by submitting a written demand for arbitration and providing a copy to the other party. As may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. Haute Tulip will pay all of the filing costs in conjunction with the arbitration policy. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Kentucky: (i) any dispute, controversy, or claim relating to or contesting the validity of Haute Tulip’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by Haute Tulip against a non-consumer; or (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
The arbitrator’s award will 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 may be joined to an arbitration involving any other party subject to this agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
You shall have thirty (30) days from the date that you purchase a product or provide information to the website to opt-out of this arbitration agreement. To opt out of arbitration you must contact us in writing at email@example.com as well as mail. Please mail your letter to Haute Tulip, this information may be located on our contact page. If more than thirty (30) days have passed from the date that you purchase a product, you are not eligible to opt out of arbitration with respect to claims relating to that product. If more than thirty (30) days have passed from the date that you provide information to the website, you are not eligible to opt out of arbitration with respect to claims relating to the website.
SECTION 5 - Links to Third Party Websites
The website may include links to third-party websites, such as links from advertisers, sponsors, content partners, and third parties; such as, but not limited to Facebook and Instagram. The inclusion of any link on the Website does not imply our endorsement of it, and Haute Tulip expressly disclaims any responsibility for the content, the materials, the accuracy of the information, or the quality of the products or services provided by, available through, or advertised on these third-party websites.
SECTION 6 - User comments, feedback, and other submissions
If, at Haute Tulip’s request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. Haute Tulip shall be under no obligation to maintain any comments in confidence; to pay compensation for any comments; or to respond to any comments.
Haute Tulip may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms and conditions.
You agree that your comments on the website will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments made on the website will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments made on the website. You are solely responsible for any comments you make and their accuracy posted on the website. We take no responsibility and assume no liability for any comments posted on the website by you or any third-party.
SECTION 7 - Personal Information
SECTION 8 - Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT”, ANY LINK THROUGH WHICH YOU SUBMIT BILLING OR SHIPPING INFORMATION, or such similar links as may be designated by Haute Tulip to accept these terms and conditions, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229, the “E-Sign Act”, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE. Further, you waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non- electronic records, or to payments or the granting of credits by other than electronic means.
SECTION 9 - Sales Tax
Haute Tulip honors each state's guidelines concerning sales and use tax, determined by the destination address of your shipment. As you proceed through checkout and confirm your shipping details, any applicable taxes will be calculated on your total merchandise value. Additionally, order totals at checkout reflect estimated tax. The actual charge to your payment method will reflect all applicable state, local and county taxes and will be calculated once your order is shipped.
SECTION 10 - Severability
In the event that any provision of these terms and conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Contact Us – If you have any questions about these Terms and Conditions, the Products, or the Website, email us at firstname.lastname@example.org.