Terms of Sale
TERMS OF SALE
These Terms of Sale apply to your online shopping experience with Her Choice, Co. d/b/a Indulgēre (“Indulgēre”). If you do not agree to these Terms of Sale (“Terms”), please do not place an online order from Indulgēre (referred to as “Indulgēre,” “we,” “us,” or “our.”)
By placing an online order with us, you are agreeing to be bound by these Terms. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT MAKE A PURCHASE FROM US AND/OR RETURN ANY ELIGIBLE PURCHASE WITHIN THE RETURN WINDOW DESCRIBED IN THESE TERMS.
Terms of Sale
1. Applicability of these Terms of Sale. These Terms of Sale (“Terms”) apply to your orders, purchases, and returns made on our website (www.indulgere.co) which allows you to place an order online (“Online Store”) and any purchases made through any third-party seller.
2. These Terms create a legally binding agreement between you and Indulgēre. These Terms create a legally binding agreement between you and Her Choice, Co. d/b/a Indulgēre, a Tennessee corporation. We may revise these Terms of Sale at any time. The current Terms of Sale will be posted at www.indulgere.co. The Terms of Sale posted at the time you purchase products from our website will apply to that purchase. In addition to these Terms of Sale, by shopping and/or purchasing from our website you acknowledge and agree to be bound by Indulgere Terms of Use and Privacy Policy, which are incorporated into these Terms.
3. Shopping with us online. To complete your purchase at our Online Store, you must provide your full name, e-mail address, valid shipping address, and payment method to place an online order. When you submit an order, we will send an email acknowledging receipt of your order (“Order Confirmation”). We accept your order when the products are shipped to you. After that timeframe ALL SALES ARE FINAL. If we are unable to supply you with a product, we will notify you by email and will not process the order for that product.
4. Price. The total price specified in the final checkout screen on our Online Store includes estimated tax and shipping costs (if applicable). This price, updated to include actual tax, will be recorded in the order confirmation for Online Store orders. If you pay by credit or debit card, the total amount for your entire purchase will be reflected on your statement.
5. Payment Methods. The product prices displayed on the website do not include sales tax. Shipping rates are applied per order. We accept several payment methods at checkout. Please do not try to pay using any payment method not posted at our Stores. If you do, we will not be liable for any loss of the payment or any other damages that may result from this action. If you pay by credit or debit card, we will deduct the full purchase amount from your account when your order is placed.
6. Shipping and Delivery. We only ship orders to valid delivery addresses within the United States. Upon delivery, please inspect the packaging and products for damage. If the products appear damaged, please do not accept the shipment, and contact us for assistance.
7. Returns; Refunds. Indulgēre has a NON-RETURNABLE AND NON-REFUNDABLE POLICY if the seal is broken and/or the product has been used. Additionally, we encourage customers to read our product descriptions before placing an order. MANY OF OUR PRODUCTS DO CONTAIN LATEX, SO IF YOU HAVE A LATEX ALLERGY, DO NOT USE OUR PRODUCT.
8. We have the right to reject your purchase or cancel your online order. The sale of products and fulfillment of all orders at our Online Store is subject to availability and our discretion in managing inventory. We explicitly reserve the right to limit, decline, or reject any sales and orders for any reason, without being liable for any damage or costs other than refunding the amount for the order.
9. Title transfer and risk of loss. Title and risk of loss for products purchased from our Online Store pass to you upon delivery of the order to you. Title and risk of loss for products purchased from our Online Store and picked up in person, will pass to you upon your receipt of those products. The title to the products will not transfer until full payment has been received.
10. Indemnification and Release. You agree to defend, indemnify, and hold harmless Indulgēre, its agents, subsidiaries, affiliates, licensors, licensees, service providers, employees, agents, officers, and directors (the “Indemnified Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating to your conduct or purchase in connection with any of our Stores, or any violation of these Terms of Sale, any law or the rights of any third party. You further agree to defend and indemnify any and all loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties. You, for yourself and on behalf of your heirs, estate, insurers, successors, and assigns, hereby fully and forever release and discharge the Indemnified Parties from any and all claims or causes of action you may have for damages arising from or relating to your conduct in connection with any of our Stores.
11. Limitation of Liability. These Terms of Sale set out the full extent of our agreement and understanding with respect to any claim arising from, or related to, your shopping, orders, purchases, returns, access, or use of our Stores. To the extent permissible by applicable law, the maximum aggregate liability of Indulgēre arising from or relating to these Terms, whether in contract, warrants, tort, strict liability, statute, or otherwise, shall be limited to the amount you paid to us for the products purchased in the relevant transaction. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE AND ACCESS TO OUR ONLINE STORE. YOUR ONLY REMEDY AGAINST INDULGERE IN CONNECTION WITH ANY ALLEGED DAMAGES ARISING FROM YOUR USE OR ACCESS TO ITS STORES OR ANY CONTENT IS TO STOP USING OR ACCESSING ITS STORES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT HER CHOICE, CO.’S LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW AND THESE TERMS.
12. No warranties. Indulgēre provides access to its Online Store on an "as is" and “as available” basis and does not make any warranty, express, implied, limited, or other, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, or non-infringement for any product and on all purchases. All such representations and warranties are expressly disclaimed.
13. Dispute Resolution. Any dispute relating in any way to your visit to, or use of, the Online Store, to the products you purchase through the Online Store, or to your relationship with Indulgēre shall be submitted to confidential arbitration in Tennessee. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Tennessee. Arbitration under this Agreement will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise.
14.Jurisdiction; Venue; Attorney Fees. This Agreement, or any dispute arising from this Agreement, is governed by the laws of Tennessee, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the state or federal courts for Davidson County, Tennessee, and you hereby consent to the jurisdiction of any such court. The prevailing party in any such action shall be entitled to recover its reasonable attorneys' fees and costs incurred in litigating or otherwise settling or resolving such action. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, OR RELATED TO, YOUR USE OF THIS WEBSITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
15.Right to Assign; Severability; Waiver; Entire Agreement. Indulgēre may assign its rights and duties under these Terms to any party at any time without notice to you unless notice is required by applicable law, but this will not affect your rights or our obligations under these Terms. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The failure of Indulgēre to exercise or enforce any right or provision of this Terms shall not operate as a waiver of such right or provision. These Terms constitute your entire Agreement with Indulgēre concerning any shopping and purchase activities.
16. These Terms of Sale may change at any time. These Terms of Sale are subject to change at any time at Indulgere’s discretion. Your continued access and use of our Store constitutes your acceptance of the changes to the Terms of Sale. The most current version of this Agreement replaces all previous versions.
17. Confidentiality. It is our policy to release a user’s personal identifying information and any other information when we reasonably believe such disclosure is appropriate to comply with applicable law, to enforce any of our contracts or agreements, to protect the rights, property, or safety of our users and customers, in response to a governmental authority request or legal process, or for purposes of fraud protection. By accepting these Terms of Sale, you waive all rights and agree to hold Indulgēre harmless from any claims resulting from any action taken by Her Choice, Co. during or as a result of its investigations, and/or from any actions taken as a consequence of investigations by either the Website or law enforcement authorities.
If you have any questions regarding these Terms of Use, please contact Indulgēre at queens@indulgere.co.