RETURN & REFUND, SHIPPING, & COPYRIGHT POLICIES

Terms & Conditions Last Updated: April 9, 2022 

RETURN & REFUND POLICY 

Thank you for shopping at Frivolous Fripperies. If you have any questions about your order, you can contact us at: frivolousfripperies@gmail.com. 

Vintage and contemporary pieces are pre-worn unless otherwise stated as new and therefore are sold as-is and are non-returnable unless grossly misrepresented. Pieces prior to shipping are inspected to ensure they are in working order. Any defects that are seen or found are listed in the description of the piece and/or pieces as you shop.

If a package is approved prior to being returned, your piece must be unused and in the same condition that you received it. Your piece must be in the original packaging with receipt or proof of purchase. You will be responsible for paying for your own shipping costs for returning your item. Original shipping costs when purchased are non-refundable. Frivolous Fripperies assumes no responsibility for return or refund if the package is lost, stolen, or mishandled. 

SHIPPING POLICY 

No international shipping is available. Shipping is only available in the United States. If a shipment has not been received, the buyer will contact the shipper with the provided tracking number We will do our best to assist you. 

SHIPPING FEES

Orders for $50.00 or less ship for $6.00.

Orders for $51.00 to $100 ship for $6.00 + $3.00 for insurance.

Orders for $101.00 or more ship for $6.00 + $5.00 for insurance. 

COPYRIGHTS

All copyright rights in the text, images, photographs, graphics, user interface, music and other content provided on the website are owned by the company or its third-party licensors or affiliates to the full extent provided under the United States Copyright Act and all Internationaal Copyright Laws. Under applicable Copyright Laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the website for any purpose.  

IN GENERAL 

The Elegant Elephant (www.frivolousfripperies.biz) owns and operate this Website. This document governs your relationship with www.frivolousfripperies.biz (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions, and notices (“the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.  

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.  

These terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.  

This Website may contain links to other Websites (the “Linked Sites”), which are not operated by www.frivolousfripperies.biz. www.frivolousfripperies.biz has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site. 

TERMINATION

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Service. 

All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.  

PRIVACY POLICY

Our Privacy Policy, which sets out how we will use your information, can be found at www.friolousfripperies.biz under “Privacy Policy.” By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.   

PROHIBITIONS  

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance of functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.frivolousfripperies.biz  will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Website linked to it. 

INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT  

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.frivolousfripperies.biz or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.frivolousfripperies.biz and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise.

TERMS OF SALE 

By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary per availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with www.frivolousfripperies.biz you must be over 18 years of age and possess a valid PayPal account. www.frivolousfripperies.biz retains the right to refuse any request made by you. If your order is accepted, we will inform you by e-mail and we will confirm the identity of the party with which you have contracted. This will usually be www.frivolousfripperies.biz or may in some cases be a third party. Where a contact is made with a third party www.frivolousfripperies.biz is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of PayPal used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate (not all membership sites accept orders outside of the United States. Please read membership terms completely before placing an order.) All prices are advertised are subject to such damages.

  (a) OUR CONTRACT 

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this e-mail will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

 (b) PRICING AND AVAILABILITY 

While we try, and ensure that all details, descriptions, and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option for reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.  

Delivery costs will be charged in addition: such additional charges are clearly displayed where applicable and included in the “Total Cost.”  

(c) PAYMENT 

Upon receiving your order, payment will be authorized via your valid PayPal account.  

DISCLAIMER OF LIABILITY  

The material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.frivolousfripperies.biz and its suppliers, individual membership site owners, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any other materials is posted thereon, irrespective of whether such damages were foreseeable or arise in contract, negligence, tort, equity, restitution, by statute, at common law or otherwise. The Elegant Elephant reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice. The Elegant Elephant does not warrant that the website is free of viruses or other harmful components.  

LINKING TO THIS WEBSITE  

You may link to our home page, provided you do so in a way that it is fair and legal and does not damage our reputation or take advantage of it. But you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link form any website that is not owned by you. This Website must not be framed on any other site; nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.  Disclaimer as to ownership of trade marks, images of personalities and third party copyright except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.frivolousfripperies.biz and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.frivolousfripperies.biz.  

LINKING TO OTHER WEBSITES 

Our service may contain links to third party web sites or services that are not owned or controlled by The Elegant Elephant.

The Elegant Elephant has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that The Elegant Elephant shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services. 

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. 

INDEMNITY 

You agree to indemnify, defend and hold harmless www.frivolousfripperies.biz, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.  

VARIATION  

www.frivolousfripperies.biz shall have the right in its absolute discretion at any time and without notice to amend, remove, or vary the Services and/or any page of this Website.

INVALIDITY

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.     

GOVERNING LAW 

These Terms of Service shall be governed and construed in accordance with the laws of United States, without regard to it conflict of law provisions.

Our failure to enforce any right or provision of these Terms of Service will not be considered a waiver of those rights. If any provision of these Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Service will remain in effect. These Terms of Service constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.  

COMPLAINTS

We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. 

WAIVER 

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. 

ENTIRE AGREEMENT  

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.frivolousfripperies.biz. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by the Owner of www.frivolousfripperies.biz. 

CHANGES TO TERMS AND CONDITIONS 

We reserve the right, at our sole discretion to modify or replace these Terms of Service at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new Terms of Service taking effect. What constitutes a material change will be determined at our sole discretion.  

CONTACT US 

If you have any questions about these Term and Conditions, please contact us. 

BY MAIL: 

The Elegant Elephant

P.O. Box 213

Union Hill, NY 14563 

BY E-MAIL: wlabigan@aol.com