Terms of Use and Privacy

Terms of Use

As a user of this web site, you agree that your access to and use of this web site are subject to the terms and conditions set forth in this legal notice and all applicable laws, and that any such access or use is undertaken at your own risk. These terms and conditions are further subject to change at any time without prior notice. Any such changes will be reflected in this Legal Information area of the Éléphant web site.

Copyright

All content on elephantcouture.com is the property of Éléphant Couture Inc. ("Éléphant"). This includes our trademark brand logo, designs, graphics, text, button icons and images, and is protected by United States and international copyright laws. Permission is granted to electronically copy and print hard copies of pages from this web site solely for personal, non-commercial purposes related to the placement of an order or shopping with Éléphant. Any other use of this web site or content or information contained in this web site is strictly prohibited, unless the written permission of Éléphant is first obtained.

Limitation of Liability

This web site may contain typographical errors or inaccuracies and may not be complete or current. Éléphant therefore reserves the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing and availability. We apologize for any inconvenience.

elephantcouture.com is provided on an "as is" and "as available" basis. No representations or warranties of any kind are made, express or implied, as to the operation of this site or the information, content, and products included on this site. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, Éléphant disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Éléphant does not warrant that this site, its servers, or e-mail sent from this site are free of viruses or other harmful components. Éléphant will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Éléphant strives to provide you with a safe and secure shopping experience. We use SSL technology and our security certificate is provided by Digicert, the industry standard for encryption. Although our web site uses encryption security when accepting any orders for the purchase of our products, there is no guarantee that personal information and transactions on any of the web sites or on the internet will be maintained confidential and secure. The use of any of the web sites and the content thereon is at your own risk and Éléphant assumes no liability or responsibility pertaining to the content, your use of the web sites or the receipt, storage, transmission or other use of your personal information.

Pricing Policy

Online prices, offers and selection may vary from retail stores that carry Éléphant products and are subject to change.

Order Limitations

Éléphant reserves the right, in its sole and absolute discretion to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address or by the telephone number provided at point of sale.

If Éléphant initially accepts an order and afterwards, before accepting your payment or shipping the same, decides in its sole and absolute discretion, to limit or cancel quantities purchased per person, per household or per order, we will notify you accordingly and, as may be applicable, refund in full or in part, any payment you may have advanced to us or authorized us to process without any penalties or deductions.

Special Offers

Any special offers available on our Web Sites are subject to the particular terms and conditions (including time limitations) of such offers. Unless otherwise specified, you may use only one special offer in connection with any transaction. Special offers do not have any cash value independent of the transaction contemplated by such offer.

Éléphant Communication

When you sign up for our newsletters you agree that we can send you electronic mail from time to time for the purposes of providing you with company news, information, additions, products and services or any other purpose(s) which we deem appropriate. You may change your subscription settings at any time and details on how to unsubscribe will be included in each of our newsletters.

Information We Collect

We may collect information (including name, address, telephone number, email address and, when necessary, credit card information) when you:

  • Place an order from our Web site
  • Make a purchase at one of our Retail Stores
  • Return an item or make an exchange
  • Create an account at elephantcouture.com
  • Subscribe to our Email Newsletter

We maintain the data that you provide us, along with a record of your purchases, in a secure database. We also gather information about how visitors navigate through our Web site by using clickstream data gathered with "cookies."

Using Information We Collect

At elephantcouture.com we always want to provide you with the best possible shopping experience and fulfill your orders exactly as you've requested. In order to do this, we collect information that allows us to:

  • Process and track your order
  • Provide the services you request
  • Contact you about the status of an order
  • Send you the elephantcouture.com Email Newsletter, if requested
  • Identify your product and service preferences
  • Customize our communications to you
  • Provide information concerning product recalls or products you have purchased
  • Improve our merchandise selection and customer service

Information We Share with Others and Your Privacy Rights

We contract with other companies to provide certain services, including credit card processing, shipping, email distribution, market research and promotions management. We provide these companies with only the information they need to perform their services and work closely with them to ensure that your privacy is respected and protected. These companies are prohibited by contract from using this information for their own marketing purposes or from sharing this information with anyone other than elephantcouture.com.

Cookies

A cookie is a small data file that is stored by your Web browser on your computer. Cookies enable you to place an order on our Web site. They also allow us to enhance and personalize your online shopping experience, so that the information you receive is more relevant to you.

For example, we use cookies to:

  • Remember what items are in your Shopping Bag
  • Recognize you when you return to our Web site
  • Enable you to use Express Checkout, if you have created an account at elephantcouture.com
  • Study how our customers navigate through our Web site and which products they request in site searches

If you set your browser to refuse cookies, please call us at 1-212-645-7971 to place your order.

We also may contract with other companies who use cookies or other online tools to measure the performance of a marketing effort on our behalf. We prohibit these companies from using this information for their own marketing purposes or from sharing this information with anyone other than elephantcouture.com

How We Use Email

When you provide us your email address, we may send you emails necessary to process your order or respond to a request. For example, after you place an order at elephantcouture, you will receive an email confirmation.

It is our intent to send you promotional email (our Email Newsletter) only if you have agreed to receive it. Instructions on how to unsubscribe are included in each edition of the newsletter.

Security

It is our intent to protect against the loss, misuse or alteration of information that we have collected from you. We use a variety of current technologies and processes for protection of our customer data. We limit the information we provide to outside companies with whom we contract to only what they need to carry out their responsibilities.

When you make a purchase or create an account on our Web site, your transactional information is transmitted in a safe, encrypted format.

As required by most major credit card companies, we are compliant with our on-line e-commerce transactions. We also use the Digicert which utilizes a 128-bit SSL certificate that offers the highest level of encryption or security possible. This means you can rest assured that communications between your browser and this site's web servers are private and secure.

Privacy of Children on Our Web Site

Our Web site is not intended for use by children under the age of 13, and we do not knowingly collect personal information from children under the age of 13.

Thank you

We appreciate the trust you place in elephantcouture.com, and we are committed to respecting your privacy and the security of your personal information. Our privacy policy, updated on Sept 15th, 2008, describes the information we collect and how we use it.

We always welcome your questions and feedback. For privacy-related issues, please contact us at:

Éléphant Couture
211 west 20th street
NYC, New York 10011
Phone: 212-645-7971
E-mail: miguel@elephantcouture.com


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