A. General Terms

Before using the elleanddesign.com website (the “Website”), please review all of the terms included below, as the terms and conditions for the use (“Use Terms”), the terms and conditions of sale (“Sale Terms”), and additional terms, together with the privacy policy, govern your (“Customer,” “You,” “Your,” or similar terms) use of the website and any purchases that you make or attempt to make. ELLE & DESIGN APPAREL company may update the use terms, sale terms, additional terms, and privacy policy at any time without prior notice. By continuing to use the website after any update you accept and agree to be bound by, and consent to, the current terms including any changes.

 

B. Terms and Conditions for the use of the elleanddesign.com website

(1) General

Use of the elleanddesign.com website is subject to these use terms. By using the elleanddesign.com website you agree to comply with, and be bound by, the use terms.

(2) Data Security and Privacy

(A) Privacy Policy. The blancgroup.com privacy policy governs the use of any personal information that you provide to ELLE & DESIGN APPAREL on this website or is otherwise collected through your use of the website.

(B) Not intended for Minors. The elleanddesign.com website is not intended for those under the age of 18. By using the website you agree that you are 18 years of age or older.

(C) Records. Without limiting the terms of the privacy policy, you acknowledge and agree that ELLE & DESIGN APPAREL may preserve any transmittal or communication by you with ELLE & DESIGN APPAREL through the website or Customer Service, and may also disclose such data if required to do so by law or ELLE & DESIGN APPAREL determines that such preservation or disclosure is reasonably necessary.

(3) Intellectual Property

(A) Ownership. The blancgroup.com website and material on the elleanddesign.com website are the exclusive property of ELLE & DESIGN APPAREL. You may not reproduce by any means or process (except as expressly provided by ELLE & DESIGN APPAREL), in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any material contained on the blancgroup.com website.

All ELLE & DESIGN APPAREL related marks and logos, whether registered or not registered, displayed on the blancgroup.com website, as well as the domain name “elleanddesign.com,” are and will remain the exclusive property of ELLE & DESIGN APPAREL. Any reproduction, distribution, transmission, modification, or use of any ELLE & DESIGN APPAREL trademark for any purpose is prohibited.

(B) Proprietary Markings. You may not remove any copyright, trademark or other proprietary notice contained on the blancgroup.com website or any content contained therein.

(C) Feedback. You agree that any and all feedback (except for your personal information) disclosed or submitted to ELLE & DESIGN APPAREL through this website or by other means (“Submissions”) are neither confidential nor proprietary to you and may be used by ELLE & DESIGN APPAREL without restriction or compensation. You represent and warrant that no submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a submission, you agree that ELLE & DESIGN APPAREL has the right (but not the obligation) to copy, publish, distribute or use such submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or any other person. You are solely responsible for the content of any submission you make.

(4) Linking

Links to third party sites. The elleanddesign.com website may contain links to third party websites not under the operation or control of ELLE & DESIGN APPAREL All such links are provided as a convenience only and are not, and should not be interpreted as, an express or implied endorsement of such third party websites. ELLE & DESIGN APPAREL shall not be responsible for the content, availability, or otherwise in connection with such third party websites. Any questions or concerns about third party websites should be directed to the owners or operators of such websites.

(5) Use Restrictions

No Unlawful Use. You may not use the website for any purpose that is unlawful or prohibited by these use terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of ELLE & DESIGN APPAREL or others.

 

C. Terms and Conditions of Sale for the elleanddesign.com Website

The purchase or attempted purchase by you of products on elleanddesign.com website is subject to these sale terms.

(1) Purchase

(A) Not for resale. Orders may only be placed on the blancgroup.com website for personal use and not for resale. Any resale or distribution of ELLE & DESIGN APPAREL products purchased on blancgroup.com website is strictly prohibited.

(B) Right to cancel. ELLE & DESIGN APPAREL reserves the right to cancel any order placed by a customer in its sole discretion and without liability.

(C) Availability. All offers of products as they are displayed on the elleanddesign.com website are subject to availability. ELLE & DESIGN APPAREL reserves the right to change the items proposed on the blancgroup.com website at any time and without notice. We attempt to provide information about the availability of products at the time of the order, but at times errors may exist, including when simultaneous orders of the same product are being placed by several customers. If a product is not available after you place your order, we will call or email you. You can decide if you would like to substitute an item, wait until the product is available, or cancel your order. If you choose to cancel your order, any amounts already charged will be refunded. ELLE & DESIGN APPAREL shall not be liable if products are unavailable.

(D) Age. You must be 18 years or older in order to make a purchase on the elleanddesign.com website, and by making a purchase you represent that you are at least 18 years old.

(E) Account. If you choose to open an account, you are entirely responsible for maintaining the confidentiality of the information for your account. You agree to notify ELLE & DESIGN APPAREL immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by ELLE & DESIGN APPAREL or any other user of or visitor to the website due to someone else using your account as a result of your failing to keep your account information secure and confidential access to your account may be terminated or suspended in our sole discretion.

(2) Purchase

(A) Pre-order Summary. For each product selected on the blancgroup.com website, a summary page will be displayed and may feature a photograph of the item, its coloring and references, the unit price, the quantity ordered, and the total amount owed for your order. Before placing your order, please confirm that this information is accurate. Once you have confirmed your order it will be submitted for processing and your method of payment charged.

(B) Visual Accuracy. While we take steps to try to ensure that the coloring, design, and style of the ELLE & DESIGN APPAREL products in the photographs or other representations displayed on the blancgroup.com website are representative of the original products, variations may occur due to technical restrictions of color reproduction on your computer equipment. Accordingly, ELLE & DESIGN APPAREL shall not be liable for any error or inaccuracy in the photographs or other representations of ELLE & DESIGN APPAREL products displayed on the blancgroup.com website. Please contact Customer Service with any questions.

(C) Submitted Orders. Once your order is submitted for processing it may not be amended or cancelled except pursuant to the conditions provided for herein or pursuant to applicable law. Placing an order confirms your acceptance of the sale terms. Once an order is placed you will receive an order summary via email.

(D) Records. The data collected by the blancgroup.com website establishes the terms of the transactions between ELLE & DESIGN APPAREL and its customers. In the event of a dispute between ELLE & DESIGN APPAREL and its customers relating to a transaction entered into using the elleanddesign.com website, and subject to ELLE & DESIGN APPAREL right to cancel or not accept an order, the data collected by ELLE & DESIGN APPAREL are the terms of the transaction.

(3) Pricing and Payment

(A) Listed Price. The pricing for all ELLE & DESIGN APPAREL products on the elleanddesign.com website are in US Dollars and exclude international taxes. ELLE & DESIGN APPAREL reserves the right to modify the prices of products offered on the website at any time without prior notice. You will be charged the prices displayed on the elleanddesign.com website at the time your order was confirmed provided the goods ordered were available at this time. ELLE & DESIGN APPAREL reserves the right not to accept or to cancel your order in our sole discretion for any reason without liability, including if the products are not available, are incorrectly priced or are otherwise incorrectly described.

(B) Payment Methods. You are required to pay for any order placed on the blancgroup.com website immediately upon confirmation of your order. Your order will only be processed for shipment once we have verified your payment method and received authorization to process your payment. We accept payment by charge card or credit card. All orders are payable in US Dollars or the equivalent in local currency. We accept the following payment methods:

China: Union Pay

Countries outside China: Mastercard, Visa, American Express and Discover

Store credits or gift certificates issued by retail stores in which ELLE & DESIGN APPAREL products are sold are not accepted for payment for items offered on the elleanddesign.com website. Your charge card or credit card will only be debited when your order is shipped.

(C) Ownership. All products ordered through the blancgroup.com website remain the property of ELLE & DESIGN APPAREL until full payment is tendered to ELLE & DESIGN APPAREL. In the event of a payment dispute, you are required to return the products that are the subject of dispute to ELLE & DESIGN APPAREL immediately upon request, and to assume the risks related to such products.

(4) Shipping and Delivery

(A) Restrictions. Goods will be shipped to the accepted delivery address specified during the ordering process. If regulations prohibit shipping of products to the address you specify Customer Service will contact you. 

(B) Signature Required. A signature of an adult aged 18 years or older may be required for delivery. Customer assumes all responsibility once a signature is obtained at the delivery address.

(C) Shipping Costs. ELLE & DESIGN APPAREL offers free shipping to U.S. customers. Some regions may require a 10% international tax. ELLE & DESIGN APPAREL reserves the right to divide your order into partial shipments. In this case, your method of payment will be debited for the goods shipped and for a single shipment.

(D) Delivery Timing. During the ordering process, we will inform you of the time required for delivery and the various forms of delivery options may not be available or may take longer. Some products may be subject to delivery delays. If your order is not able to ship without material delay, Customer Service will contact you to provide more detail and an estimated shipping date.

(E) Taxes. Some regions may require a 10% international tax. These taxes will be assessed during the checkout process.

(F) Delivery Problems. Any delivery failure or late delivery that exceeds ten (10) business days should be reported to our Customer Service as soon as possible. In order for your claim of delivery failure or late delivery to be accepted you must notify us within thirty (30) calendar days from the date of confirmation of your order. You must verify that your shipment is correct on delivery. If there are any discrepancies in your order, you should note the nature of the problem on the delivery notice and sign. You must contact us as soon as possible but no later than ten (10) days after receiving the delivery.

(5) Returns and Exchanges

(A) Returns and Exchanges of Purchased Items. You may return any product ordered on the blancgroup.com website for exchange or refund within ten (10) calendar days from the delivery date. Returned products must be in their original condition, with all tags attached, and in the original packing. The original invoice must be provided with any return. ELLE & DESIGN APPAREL will determine in its sole discretion whether the products are in original condition when returned. If ELLE & DESIGN APPAREL determines that the products are not in original condition they will be returned to you. Please allow up to ten (10) days for the processing of your return.

Please be advised that return costs will be borne by the customer unless the reason for return is damaged merchandise or an error on our part. To return a product, please complete and enclose the return/exchange form included with our Shipment. Securely repackage your item. We recommend selecting an insured shipping or postage method as you are responsible for the product until it is returned back to ELLE & DESIGN APPAREL. ELLE & DESIGN APPAREL does not take title to any returned products until they are received by us.

(B) Restrictions

1. Personalized or Altered Products. A product ordered on the elleanddesign.com website that has been personalized, or a product that has been altered or tailored in any way cannot be returned for exchange or refund.

2. Sale and other non-refundable products. All products sold as part of a sale are final and not returnable. You may request a price adjustment if a purchased product is marked down within seven (7) calendar days of the delivery of your order. ELLE & DESIGN APPAREL reserves the right to designate other products as non-returnable. Any such designation will be noted on the product detail page.

3. Retail Locations. Products purchased in a retail location may not be returned to the elleanddesign.com website and vice versa. Please contact Customer Service for more information.

(C) Return or Exchange of Gift Items. If you received an item as a gift from elleanddesign.com, you may exchange it for another item of equal or greater value within ten (10) days of delivery. You, the gift recipient, must pay the difference in price. You are responsible for return costs.

(D) Returns and Shipping Costs. ELLE & DESIGN APPAREL offers free shipping for U.S. customers for exchanged items but please bear in mind that you are responsible for the return costs. You will not be charged return costs only if the products are returned because they were not as ordered or were damaged.

(E) Return address. Please ship the return to:

ELLE & DESIGN APPAREL

P.O. Box

You are responsible for insuring your package for the full retail value of the item. You agree to bear the risks of the shipping method you have chosen, and ELLE & DESIGN APPAREL will not be responsible for liable if any item you return to the blancgroup.com website is lost, misplace, or delivered late. The costs you pay to ship your return will not be refunded.

(G) Refund. If you request a refund for returned products, ELLE & DESIGN APPAREL will use commercially reasonable efforts to ensure that any refund will be made within ten (10) business days of receipt of the goods. All refunds shall be made to the original form of payment.

 

D. Additional Terms

For the avoidance of doubt, the following additional terms (“Additional Terms”) apply to your use of the blancgroup.com website and any purchase or attempted purchase you make.

(1) Termination of Access

(A) Termination.  You agree that ELLE & DESIGN APPAREL may, in its sole discretion and without prior notice, terminate your access to the website and/or block your future access to the website if we determine that you have violated any of our terms. You agree that ELLE & DESIGN APPAREL may, in its sole discretion and without prior notice, terminate your access to the website, for cause, which includes (but is not limited to) requests by law enforcement or other government agencies, a request by you (self-initiated account deletions), discontinuance or material modification of the website or any service offered on or through the website, or unexpected technical issues or problems.

(B) Recovery of Costs. If ELLE & DESIGN APPAREL does take any legal action against you as a result of your violation of these use terms, ELLE & DESIGN APPAREL will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ELLE & DESIGN APPAREL. You agree that ELLE & DESIGN APPAREL will not be liable to you or to any third party for termination of your access to the website as a result of any violation of our terms, including the use terms, the sale terms, the additional terms and the privacy policy.

(2) Disclaimer of Representations and Warranties

The blancgroup.com website and its contents are provided on an “as is” and “as available” basis. ELLE & DESIGN APPAREL makes no representations or warranties of any kind, express or implied, as to the website or the products offered through the website nor as to the merchandise being sold to you. To the fullest extend permissible by applicable law, ELLE & DESIGN APPAREL disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and noninfringement, and there are no warranties, express or implied, which extend beyond the description of the merchandise contained on our order confirmation.

By using the website, you agree that your use of the website is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with E&D all necessary servicing or repairs of any equipment or software that you use in connection with this site, and that ELLE & DESIGN APPAREL shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused or related to your use of the website. Your sole remedy against ELLE & DESIGN APPAREL for dissatisfaction with the website is to cease to use the website. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you.

(3) Limitation of Liabilities; Indemnity

ELLE & DESIGN APPAREL shall not be liable to you or any third party for any damages of any kind, including, without limitation, actual, direct, indirect, incidental, special, punative, exemplary or consequential damages, whether arising under contract, tort or any other theory, including without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use, performance of, or information provided through the Elleanddesign.com website, even if ELLE & DESIGN APPAREL has been advised of the possibility of such damages. Without limiting the foregoing, ELLE & DESIGN APPAREL shall have no liability for any delay or failure to deliver products or otherwise perform any obligation as specified hereunder if the same is wholly or partly caused by circumstances beyond our reasonable control.

If, notwithstanding the other provisions of these use terms, ELLE & DESIGN APPAREL is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the website, ELLE & DESIGN APPAREL liability shall in no event exceed US$100.00.

Certain country laws do not allow limitations on the exclusion or limitation of certain damages. If these laws apply to you, some of all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

You agree to defend, indemnify and hold harmless ELLE & DESIGN APPAREL, its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys’ fees and court costs, arising from or related to your use of the website.

(4) Law and Disputes

Our terms, including the use terms, the sale terms, and the additional terms shall be governed by and construed in accordance with the laws of Georgia, without regard to its principles of conflicts of laws, and shall govern all matters arising out of or relating to the use terms, including without limitation, their validity, interpretation, construction, performance, and enforcement. In the event of a dispute, the courts located in Georgia, shall have exclusive jurisdiction and you hereby agree to submit to the exclusive jurisdiction of such court and you irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. ELLE & DESIGN APPAREL shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder without the need to post any bond or surety.

(5) Miscellaneous

(A) Severability. If any provision of the use terms, sale terms, or additional terms is determined to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force to the extent permitted by law.

(B) Waiver. No failure, forbearance, neglect or delay of any kind or to any extent on the part of ELLE & DESIGN APPAREL in connection with the enforcement or exercise of any rights under the use terms, sale terms, the additional terms shall affect or diminish ELLE & DESIGN APPAREL ability to enforce such rights or any other rights under the use terms, the sale terms the additional terms.