TERMS AND CONDITIONS

Effective Date of Terms: September 12th, 2020

1. General; Agreement to Terms; Users

These Terms and Conditions of Use (“Terms”) are entered into by and between you and ElleSilk (“ElleSilk”, “we” or “our”). In consideration of your use of and access to this Website (the “Site”), and the promises and obligations herein, and intending to be legally bound, you and ElleSilk hereby agree as follows:

Your access to and use of this Site is subject to and governed by these Terms, which incorporate our separately posted Privacy Policy, as well as any other policies or modifications to the policies issued by ElleSilk and all applicable laws and regulations. By using this Site, you agree to comply with and will be deemed to be bound by these Terms, the Policies and the applicable laws and regulations in connection with your use of the Site. If you do not agree to be bound by these Terms, the Policies and all applicable laws, you are required to leave the Site and discontinue use of the Site and services provided on or through the Site. These Terms do not govern your use of any websites of ElleSilk’s affiliates based outside of the United States or of any services offered by ElleSilk’s affiliates outside of the United States.

Among other things, this Site provides general information concerning various products and services, and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by ElleSilk in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within or feature offered by the Site contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall govern.

Notwithstanding anything to the contrary herein or in any linked, incorporated or otherwise referenced document, policy or terms and conditions, sections 10 ("Disclaimer and Limitation of Liability as to the Site and Content"), 12 ("Disclaimer and Limitation of Liability as to Products and Services"), and 13 ("Indemnification") of these Terms shall be inapplicable to you if you are a resident of the State of New Jersey.

2. Changes in Terms

ElleSilk shall have the right, in its sole discretion, at any time and without prior notice, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site. The date of the last revision of the Terms will appear at the top of these Terms. You are responsible for reviewing the Site periodically for any modification to these Terms. You agree that you shall be deemed to be apprised of and bound by any revisions or additions by ElleSilk to the Terms. YOUR CONTINUED USE OF THE SITE AFTER ANY SUCH CHANGES TO THE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS, WHETHER OR NOT YOU ACTUALLY REVIEWED THEM. No modification to these Terms by any party other than ElleSilk shall be valid or enforceable against ElleSilk unless expressly agreed to by ElleSilk in writing signed by a duly authorized officer of ElleSilk.

3. Accessing the Website and Account Security

You are responsible for making all arrangements necessary for you to have access to the Site, and to ensure that all persons who access the Site through your internet connection are aware of these Terms.

To access certain features of the Site, you may be asked to register an account and provide certain registration details. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy [https://www.ellesilk.com/privacy-policy.html], and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from or log out of your account at the end of each session.

4. Termination

These Terms are effective until terminated by ElleSilk. We may terminate these Terms without notice and at any time in connection with any features of the Site. In the event of termination, you are no longer authorized to access those features of the Site, and the restrictions imposed on you with respect to the content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.

ElleSilk shall have the right without notice and at any time to terminate some or any of the features of the Site or portion thereof, or any products or services offered through them, or to terminate any individual's right to access or use of the Site or any feature or portion thereof.

ElleSilk shall also have the right to disable any user name, password, or other identifier at any time and in our sole discretion including if, in our opinion, you have violated any provision in these Terms of Use.

5. Compliance with Laws

You agree to comply with all laws, statutes, ordinances, and regulations regarding your use of the Site and your purchase of products or services through them.

You must be at least 13 years old to use the Site. If you are under 18, you may only use the Site with the permission and involvement of a parent or guardian.

6. Content; Intellectual Property

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by ElleSilk on or through the Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content".

The Content may contain errors, omissions, or typographical errors or may be out of date. ElleSilk may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on ElleSilk in any way except to the extent it is specifically indicated to be so.

Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by ElleSilk or by third parties that have licensed their use to ElleSilk. You may view and use the Content only for your personal information and for shopping and ordering on or through the Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, ElleSilk does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by ElleSilk, is strictly prohibited.

7. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide written notice to ElleSilk. Your notice should include the written information specified below:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;• A description of the copyrighted work or other intellectual property that you claim has been infringed;• A description of where the material that you claim is infringing is located on the Site, including the product number, if applicable;• Your address, telephone number, facsimile number, and email address;• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;• A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.

The notice of claims of copyright or other intellectual property infringement should be sent to ElleSilk through the methods below:

By email: [support@ellesilk.com]

8. User Conduct

You may only use the Site for lawful purposes and in accordance with these Terms. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.• To impersonate or attempt to impersonate ElleSilk, a ElleSilk employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm ElleSilk or users of the Site or expose them to liability.• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.• Use any device, software, or routine that interferes with the proper working of the Site.• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.• Otherwise attempt to interfere with the proper working of the Site.

9. Third Party Sites and Content

Links to other Internet sites operated by third parties, including ElleSilk’s vendor partners, do not constitute sponsorship, endorsement, or approval by ElleSilk of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by ElleSilk, and ElleSilk is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

To the extent any Content is provided by third parties, ElleSilk includes it for informational purposes only. Pursuant to Section 230 of the Federal Communications Decency Act, providers of interactive computer services are not considered or treated as publishers or speakers of information that is provided by other information content providers.

10. Prices Displayed; Orders; Shipping and Handling

All prices displayed on the Site are quoted in U.S. dollars. ElleSilk reserves the right to discontinue or change specifications and prices on products and services offered through the Site without prior notice and without incurring any obligation to you. Products and services offered on this site are available while supplies last. Descriptions of, or references to, products or services offered by the Site do not imply endorsement of that product or service, or constitute a warranty, by ElleSilk.

Your receipt of an order confirmation from either ElleSilk or a third party payment processing service such as PayPal, or 2Checkout, does not constitute ElleSilk's acceptance of an order. ElleSilk reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation, for any reason. ElleSilk reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, ElleSilk shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and your credit card or other payment method has been charged. If your credit card or other payment method has already been charged for the purchase and your order is canceled, ElleSilk shall promptly issue a credit to your credit card account or other payment method in the amount of the incorrect price.

The risk of loss and title for all products purchased by you and shipped by ElleSilk or one of ElleSilk’s vendor partners pass to you upon delivery to the carrier for shipment.

ElleSilk may restrict delivery to addresses within the United States. ElleSilk will add shipping and handling fees and applicable sales/use tax. Sales tax may be assessed on the shipping and handling fee in certain states, where applicable.

Orders placed with an express payment method (PayPal, or 2Checkout) are shipped without signature upon delivery. By placing an order with an express payment method, you confirm that the parcel can be left outside the premises of the address provided and you will take responsibility for any loss or damage that may occur.

11. Disclaimer and Limitation of Liability as to the Site and Content

ElleSilk MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. ElleSilk ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE SITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

UNDER NO CIRCUMSTANCES SHALL ElleSilk, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF ElleSilk IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Returns & Exchanges

Return policy

To return products, your products must remain in its original condition and package (unworn, unwashed, all tags attached). Products marked down as on SALE cannot be exchanged or returned at any time. If a SALE item is returned without authorization you will not be refunded.

Return window

You can return full priced items bought on https://www.ellesilk.com/ within 30 days, starting from the day you receive your goods.

Return a product online

1. If your order is eligible for a return, please reach out at support@ellesilk.com providing the item name(s) you would like to return, and request an RMA number.
2. Once the RMA is provided, please send the return back to our warehouse with the original packing slip in the box.
3. When the return is received at our warehouse and checked in, the refund will be processed, and you will receive a Credit Memo email.

Refunds

Please allow 2-5 business days for your refund to be processed on receipt of the returned products.

Exchanges

If you would like to process an exchange, please email us at support@ellesilk.com with your order number and the desired size that you would like to exchange for.

Frequent returns

We offer a lenient return policy to provide our customers with an easy and convenient shopping experience. If you are experiencing sizing issues or consistently finding merchandise to be unsatisfactory, please contact our Customer Care team.

Frequent returns or exchanges made from the same account will automatically be flagged in our system. If we notice that our return policy is being abused, we may take action in the form of blocking an account and/or cancelling future orders.

ELLESILK reserves the right to reject returns which do not comply with our Return Policy.

Items not eligible for returns or exchanges

- Sale items
- Custom made orders (including sleepwear of sizes 1X, 2X, and 3X)
- E-Gift cards
- Orders that abuse the return policy (e.g., orders from Costume studios and/or photography studios)

13. Disclaimer and Limitation of Liability as to Products and Services

ALL PRODUCTS AND SERVICES SOLD BY ElleSilk ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, ElleSilk MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, ElleSilk EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD THROUGH THE SITE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

UNDER NO CIRCUMSTANCES SHALL ElleSilk, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE SITE, EVEN IF ElleSilk IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ElleSilk'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

14. Indemnification

You agree to defend, indemnify, and hold harmless ElleSilk, ElleSilk's vendor partners, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Site. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Site or any product or service provided to you arising out of or relating to your use of the Site.

15. Submissions

Except as otherwise expressly provided herein or in ElleSilk's separately posted Privacy Statement, any communication or material you transmit to ElleSilk through the Site by electronic mail or otherwise, including without limitation any contest or sweepstakes entries, images, photographs, video files, audio files, essays, questions, comments, suggestions, any ideas for features, modifications, enhancements, refinements, products, technologies, content, offerings, promotions, strategies, or product feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, "Submissions"), is and will be treated as non-confidential and non-proprietary and you grant to ElleSilk, ElleSilk’s vendor partners, and/or their respective affiliates or related entities, a non-exclusive, perpetual, irrevocable, transferable, royalty-free license to use any Submission for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law. ElleSilk has no obligation to review, consider, or implement your Submission, or to return to you all or part of any Submission for any reason.

16. Miscellaneous

ElleSilk shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or government agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

No waiver by ElleSilk of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms.

The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.

If you have any questions or concerns about the Site or these Terms, please contact: [support@ellesilk.com].