TERMS AND CONDITIONS OF USE
Welcome to the Gracie's Bridal web site. Please review the following basic terms and conditions that govern your use of and purchase of products from our web site. The terms stated below, along with the policies and guidelines located throughout the Gracie's Bridal web site (collectively, "Terms of Use") identify what you, as a user of our web site can expect from us and what Gracie's Bridal in turn expects from its users. By visiting an area on the Gracie's Bridal web site, creating an account, making a purchase via our web site, you are deemed to have accepted the Terms of Use. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should not use the Gracie's Bridal web site.
Licenses and Restrictions
Gracie's Bridal grants you a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the contents of the Gracie's Bridal web site. The foregoing license does not include any rights to:
- modify, download (other than page caching), reproduce, copy, or resell any or all of the Gracie's Bridal web site;
- use any product listings, descriptions, or prices; any derivative use of this site or its contents;
- commercially use the Gracie's Bridal web site;
- copy or download any customer's account or profile information for the benefit of any third party;
- use any robot, spider, data miner or other automated means to access or index the Gracie's Bridal web site or any portion of it for any purpose;
- use Gracie's Bridal's name, trademarks, services marks or logos in any meta tags or any other "hidden text";
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Gracie's Bridal or
- compile, repackage, disseminate or otherwise use data extracted from the Gracie's Bridal web site.
The foregoing are expressly prohibited; the right to do any of the foregoing will require Gracie's Bridal's express written consent. Any unauthorized use of any or all of the Gracie's Bridal web site will terminate immediately any license or permission granted by Gracie's Bridal
Trademarks
Gracie's Bridal or third parties from whom Gracie's Bridal has permission, owns the trademarks or service marks that are used on the Gracie's Bridal web site. All such rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Gracie's Bridal and its licensors may not be used without prior written consent of Gracie's Bridal or its licensors, as the case may be. Without limiting the foregoing, no Gracie's Bridal trademark or trade dress may be used in connection with any product or service that is not Gracie's Bridal's, in any manner that is likely to cause confusion among its customer, or in any manner that disparages or discredits Gracie's Bridal.
Proprietary Rights
You acknowledge that the Gracie's Bridal web site contains content that is protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or as may be subsequently developed.
User Input
Any comments, feedback, suggestions, ideas and other submissions that you disclose, submit or offer to Gracie's Bridal on or through its web site or that you disclose, submit or offer in connection with your use of its web site will be and will remain Gracie's Bridal's property. Such disclosure, submission or offer of any comments will constitute your assignment to Gracie's Bridal of all of your worldwide rights, titles and interests in all copyrights and other intellectual properties in those comments. Gracie's Bridal will own exclusively all such rights, titles and interests and will not be limited in any way in its use, commercial or otherwise, of any comments. You agree that no comment submitted by you to the web site will violate any right of any third party. You further agree that no comment submitted by you to the web site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and will remain solely responsible for the content of any comments you make.
Risk of Loss
The risk of loss and title for all items purchased via the Gracie's Bridal web site pass to you upon delivery of the item to the carrier.
Product Description
The items offered for sale on Gracie's Bridal web site contain descriptions that are provided directly by manufacturer or distributor of that item. Gracie's Bridal does not represent or warrant that the descriptions of the items are accurate or complete.
Colors
We have made every effort to display as accurately as possible the colors of our products that appear at the web site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitors' display of any color will be accurate. We suggest viewing an actual fabric swatch for true color representation. We typically do not charge for fabric swatches.
Prices
The price for an item on the Gracie's Bridal web site may differ from the price shown in your shopping cart — it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Gracie's Bridal web site. If the price for the item on the Gracie's Bridal web site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Gracie's Bridal, Gracie's Bridal may either (i) contact you for instructions before shipping the item or charging you for that item; (ii) cancel the order for that item and notify you of the cancellation; or (iii) ship the item at the incorrect price to your benefit. Please note that our prices are subject to change without notice. We have made every effort to ensure our pricing is 100% true to the designer's pricing policy; however, we can not honor typographical errors.
Confirmation of Orders
All orders will be confirmed by telephone before they are submitted to the manufacturers. Please make sure that you have listed correct information so that a Gracie's Bridal employee may contact you. Your order will be confirmed, by telephone, within 24 to 48 hours of placing your order, unless your order is placed on a Saturday, a U.S. observed holiday or in the event of a natural disaster. In these limited circumstances, a confirmation may take longer than 48 hours.
Returns/Exchanges
ALL SALES ARE FINAL.
Some customers try to return merchandise after it has been worn or altered. We are unable to sell used merchandise. Our "no returns" policy protects you, the customer, as well. You can rest assured that every item that you purchase from Gracie's Bridal is brand-new.
Our manufacturers and distributors do not accept returns or exchanges unless the item is damaged or the wrong item has been delivered. Although we inspect each piece of merchandise before it leaves our store, if you find something wrong with your merchandise, please notify us immediately. We will work with the manufacture to obtain a non defected item.
When confirming your order by telephone, please make sure that you have given the correct style, size, color and wear date. Once an order has been confirmed via telephone by a Gracie's Bridal employee, the order may NOT be cancelled. No exceptions.
Gracie's Bridal is not responsible for items that do not fit because wrong measurements have been taken or given. Gracie's Bridal is also not responsible for an improper fit regardless of reason, including pregnancy, weight gain or weight loss, or cosmetic surgery.
Shipping
Gracie's Bridal will ship items nationally using the following methods: UPS, FedEx, and United States Postal Service. Please contact Gracie’s Bridal for international shipments. We will use regular ground shipping to ship your merchandise to you, unless otherwise requested. Ground shipping typically takes 5 to 7 business days to arrive at its destination.
If you wish to have your items shipped Next Day Air, 2nd Day Air or another method, please specify this when Gracie's Bridal calls to confirm your order by telephone. Updated shipping will not speed up production times; it will only speed up the shipping process.
If the merchandise you have ordered is in stock at Gracie's Bridal, it will be shipped within 24 to 48 hours of confirming your order by telephone. Please note that merchandise that is not in stock typically takes 10 to 20 weeks to arrive. In these instances, Gracie's Bridal will provide you with an approximate shipment date when confirming your order. Once the ordered item arrives at Gracie's Bridal, we will ship it to you within 24 to 48 hours of receiving it.
A signature will be required on all orders.
Links To Other Web web sites And Services
To the extent that this web site contains links to outside services and resources, the availability and content of which Gracie's Bridal does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
Indemnity
You agree to indemnify and hold Gracie's Bridal harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Gracie's Bridal web site, breach of the Terms of Use or your violation of any law or the rights of a third party.
Passwords
Every customer that creates an account on the Gracie's Bridal web site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to their computer; and (iii) keeping the e-mail address associated with that account current. You acknowledge that it is important to keep the e-mail address associated with your account current because although you may be able to log into your account using an old e-mail address, you will not receive email messages from Gracie's Bridal about your orders and inquiries or other matters.
Furthermore, you accept full responsibility for all activities that occur within your Gracie's Bridal user account.
Notices
You agree to receive electronic communications from Gracie's Bridal, whether addressed to the e-mail address associated with your account or posted on the Gracie's Bridal web site. You agree that any communication via e-mail or by postings on Gracie's Bridal web site satisfies any legal requirement that such communications be made in writing.
Disclaimer
Gracie's Bridal is not responsible for and makes no warranties, express or implied, as to any content appearing on or accessed through the web site, or the accuracy and reliability of the content posted on the Gracie's Bridal web site whether caused by any of the equipment or programming associated with or utilized in the Gracie's Bridal web site. Gracie's Bridal is not responsible for the content or accuracy or opinions expressed on its web site, and its web site is not necessarily investigated, monitored or checked for accuracy or completeness by Gracie's Bridal. Inclusion of any linked website on the Gracie's Bridal Services does not imply approval or endorsement of the linked website by Gracie's Bridal. When you access these third party sites, you do so at your own risk. Gracie's Bridal takes no responsibility for third party advertisements or third party applications that are posted on or through the Gracie's Bridal web site. Gracie's Bridal assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. Gracie's Bridal is not responsible for any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet, including any injury or damage to Users or to any person's computer related to or resulting from use of Gracie's Bridal web site. Under no circumstances shall Gracie's Bridal be responsible for any loss or damage, including personal injury, resulting from use of the Gracie's Bridal web site, or from the conduct of any customer of the Gracie's Bridal web site, whether online or offline.
The Gracie's Bridal web site is provided by Gracie's Bridal on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, Gracie's Bridal disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, Gracie's Bridal makes no representation or warranty of any kind, express or implied: (i) as to the operation of the Gracie's Bridal web site, or the information, including user created content, and materials or products included on the web site; (ii) that the Gracie's Bridal web site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, service, or merchandise provided through the Gracie's Bridal web site; or (iv) that the Gracie's Bridal web site, its servers, or e-mails sent from or on behalf of Gracie's Bridal are free of viruses, scripts, trojan horses, worms or other harmful components.
Gracie's Bridal does not guarantee the continuous, uninterrupted or secure access to the Gracie's Bridal web site. The operation of the Gracie's Bridal web site may be interfered with by numerous factors outside the control of Gracie's Bridal.
Under no circumstances shall Gracie's Bridal be liable for any damages that result from the use of or inability to use the Gracie's Bridal web site, including but not limited to reliance by you on any information obtained from the Gracie's Bridal web 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 Gracie's Bridal's records, programs, or services. You hereby acknowledge that this paragraph shall apply to all content, including merchandise, and services available through the Gracie's Bridal web site.
Gracie's Bridal will not be liable for any indirect, incidental, special or consequential damages arising from the use of the Gracie's Bridal web site, or the purchase or download of any product or merchandise from the web site, even if Gracie's Bridal had been advised of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.
Severability
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use are held to be invalid or unenforceable in whole or in part in any applicable jurisdiction, that provision will, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of Gracie's Bridal to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
Dispute Resolution
Any claim or controversy at law or equity that arises out of the Terms of Use, the Gracie's Bridal web site (each a "Claim"), will be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.
Alternatively, at Gracie's Bridal's sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Greene County in Missouri or the Western District of Missouri.
Each of the parties knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms of Use. Further, each party certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use.
Additional Terms and Conditions
In addition to the policies and guidelines located throughout the Gracie's Bridal web site, Gracie's Bridal's
Privacy Policy is incorporated into the Terms of Use.
Acknowledgement
The Terms of Use, including all documents referenced in it, represents the entire understanding between you and Gracie's Bridal regarding your relationship with Gracie's Bridal and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. "Including" means "including, without limitation."
Modification
Gracie's Bridal reserves the right to make changes to its web site, its Terms of Use and its posted policies at any time without notice or liability. These terms were last revised on January 15, 2010.