Terms and Conditions of Purchase These Terms and Conditions of Purchase (these “Terms” or “Terms of Purchase”) are entered into by and between you and Selby Rae, a Minnesota company (“Selby Rae,” “we” or “us”). Your access to and general use of www.selbyrae.com (the “Website”) and your purchase of any products through the Website are subject to and governed by these Terms, which incorporate the separately posted Privacy Policy (as amended) and Website Terms of Use (as amended), as well as any modifications to these Terms issued by us, and all applicable laws and regulations other than as specifically provided in any separate formal purchase agreement between you and us. These Terms apply to all of your online purchases from the Website and encompass the entire agreement between you and Selby Rae. These Terms supersede all previous understandings and agreements, whether oral or written, between you and Selby Rae and may NOT be altered, supplemented, or amended by you through the use of any other document(s). Any attempt to alter, supplement, or amend these Terms or to enter an order for product(s) subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Selby Rae. By using the Website and making a purchase on the Website, you agree to comply with the Terms and applicable laws and regulations in connection with your use and purchases on the Website. Please read these Terms, the Terms and Conditions of Use, and the Privacy Policy so that you understand our policies. If you do not agree with these Terms, the Terms and Conditions of Use, or the Privacy Policy, please do not use this site. Selby Rae shall have the legal right at any time, without prior notice, and at our sole discretion, to revise these Terms or impose new terms and conditions with respect to access to or use of the Website and/or purchases made on the Website. 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 Website. You should check these Terms periodically for any modifications or revisions. Continued use of the Website after we post changes to these Terms constitutes your acceptance of the changes. Return / Refund Policy We gladly accept exchanges or returns. Items must be sent back in the original condition: tags attached, unworn, unwashed, unaltered, undamaged, clean, and free of lint and hair. Selby Rae must be contacted within 14 days of when the shipment is delivered, to be eligible for a return. All returns are eligible for an 80% refund. All exchanges will be complimentary. Customer is responsible for return shipping. Shipping Responsibility Online merchandise must be returned via mail. Shipping costs are the responsibility of the customer and are non-refundable. No credit is given for lost packages being returned to Selby Rae. Non-returnable merchandise sent back to us will not be returned, and no exchange or credit will be issued. Order Acceptance An order is not binding until it is accepted by Selby Rae. For an order to be accepted by us, payment must be received and approved, we must accept the order and issue a confirmation, and we must confirm the order is deliverable in a reasonable time before your event. Selby Rae will establish what is a reasonable time. Ordering Once your order is placed with Selby Rae, it will take weeks for delivery of wedding dresses, bridesmaid dresses and other bridal party apparel. In-stock merchandise will usually be shipped within 24 business hours and takes several days for delivery depending on customer location. We recommend completing your order promptly, as Selby Rae may discontinue styles and colors or increase prices with or without notice. You should also allow extra time for alterations and a possible replacement, if a flaw or problem occurs. If you have any questions regarding delivery times, please contact us at info@selbyrae.com. Size Selection WE RECOMMEND HAVING A PROFESSIONAL TAKE ALL OF YOUR MEASUREMENTS. For more information, view our Measurement Guide. Selby Rae’s sizing chart establishes a standard size. Your measurements are taken to determine the closest size. The dress you order will not be custom-made to your exact measurements; therefore alterations will be necessary to custom fit the dress. It is extremely important that you order a size to fit the largest part of your body. If you are in between sizes, we recommend ordering the larger size and having the dress altered down. We are not responsible for measurements sent online or changes to your size for any reason, including but not limited to pregnancy, weight loss or weight gain. If a dress is too small for whatever reason, time permitting, extra fabric can be ordered from customer service at an extra charge. Please note that extra fabric may be cut from a different bolt of fabric, which may result in a slight dye lot variation from your dress(es). Please read the Dress Colors and Swatches section below for more information on colors. For detailed information about sizing, visit our Measurement Guide section. Dress Colors and Swatches Online images of product colors and actual dress and swatch colors may vary due to display and monitor settings. For products available in multiple colors, the color names will be displayed on the product page. For certain products such as bridesmaid dresses, we are able to display an image of available colors. Please contact customer service with questions regarding dress colors at info@selbyrae.com. Delivery and Shipping Delivery When we receive your merchandise, we will inspect it for style, color, size and defects, then ship the merchandise directly to the shipping address provided when you placed your order. You will be sent an email with tracking information and may be required to sign for the package once received. If a package is returned to us undeliverable, you are responsible to pay the re-shipping and handling of the merchandise. If your email address and/or shipping address changes, it is your responsibility to notify us. Shipping and Handling We ship to almost any address in the world. Carriers do not always deliver to select countries and certain products cannot be shipped to international destinations due to designer restrictions. If you order an item that we are unable to ship to your destination, we will contact you with any alternative shipping methods or provide the option to cancel the undeliverable items. We ship packages via FedEx, UPS and United States Post Office. Your package will be shipped using the most efficient and cost effective carrier to your address. Shipping and handling costs depend on the shipping method you choose (Standard, 2 day, next day, etc.), the weight of the item, and the destination. Depending on your location, several shipping methods may be available. For merchandise shipping outside the continental U.S., our shipping and handling rates cover the cost to ship your merchandise. It does not cover any VAT taxes, customs, or duty charges a country may impose on the receiver of the package. Legal title to purchased products passes from Selby Rae to you upon shipment from our facility, and we are not responsible for any loss or damage that occurs during shipping. For more information regarding shipping, view our in depth shipping section. A signature may be required for your package to be delivered. Therefore we strongly recommend using a shipping address that has a receiving person to sign for the package. When the package leaves our shipping department, you will be emailed the carrier’s name, tracking number and the shipping date. To receive the package in a timely manner, we suggest using a work address or residence where someone can sign for the package. Defective Merchandise All special ordered merchandise is brand new from the Selby Rae. Once we receive your merchandise we will carefully inspect the gown for correct style, sizes, colors, and defects and immediately ship the merchandise to you. Upon receipt you must inspect your merchandise immediately. If you feel your merchandise is defective, you must contact us within 14 days of receiving the merchandise for a return authorization (info@selbyrae.com). Please explain in detail your issue or concern. If we determine that your claim of defect is valid, our customer service department will issue you a return authorization number. All merchandise must be returned in the condition it was sent (brand new condition), with tags attached and unworn. Once received, our customer service representative will inspect the merchandise for defects. If we find that the merchandise is not defective or has been misused, the merchandise will be shipped back to you. We will incur shipping charges on defective merchandise, but we will NOT incur shipping charges on merchandise that is found not defective or misused. Force Majeure We shall not be liable for any delay or failure to perform any of our obligations to the extent such delay or failure is due to circumstances beyond our reasonable control, including but not limited to, fires, floods, explosions, accidents, acts of God, declared and undeclared wars or riots, strikes, lockouts or other concerted acts of workmen, acts of government, shortages of materials or any government act, omission, regulation, license, order or rule. Limited Liability All products that are special ordered may be subject to delays in manufacturing, shipping or unavailability of styles or colors ordered. Our legal liability for non-delivery of these items by the event date, for whatever reason, is limited to a full refund of the retail price you paid for those items. IN NO EVENT WILL SELBY RAE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND SUSTAINED FROM ANY CAUSE RELATING TO THE PRODUCTS SOLD ON THE WEBSITE OR ARISING OUT OF ANY LEGAL THEORY, WHETHER CONTRACT, NEGLIGENCE OR STRICT TORT LIABILITY. IN NO EVENT SHALL SELBY RAE BE LIABLE TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE PRODUCTS SOLD ON THE WEBSITE, IN AN AMOUNT EXCEEDING THE PURCHASE PRICE OF THE PRODUCTS PURCHASED ON THE WEBSITE. ANY LAWSUIT BY YOU AGAINST SELBY RAE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES, ARISING OUT OF OR RELATING TO THE SUBJECT PRODUCTS, MUST BE FILED WITHIN ONE YEAR FROM SHIPMENT OF THE PRODUCTS BY SELBY RAE. Special Offers and Promotional Codes Selby Rae may periodically present special offers with the purchase of selected merchandise. These special offers will be displayed on the www.selbyrae.com home page and occasionally the product page of qualified merchandise. To receive a special offer, you will need to add the selected merchandise into your shopping cart and follow the steps until you complete the order process. We sometimes make available an alphanumeric code that can be used for promotions on the Website. These promotional codes may be found in print and/or online advertisements, through our newsletter, presented on the Website or circulated at events and through other means. Some of the specials offered by entering a promo code during checkout include free shipping, volume discounts, etc. The provisions for a promo code will be included with the code itself. If an expiration date or other condition is stipulated, please reference where you acquired the code for the exact requirements. Please note that promo codes are not redeemable for cash, and you must spend more than the discount price in order for a promotion to be applied. All promo codes will be temporarily disabled during special offers. Promotional codes will not be applied to previous purchases. Payment and Pricing Payment Method Through our shopping cart we accept Visa, MasterCard, Discover, American Express and PayPal. All payments must be in U.S. currency only. Pricing While Selby Rae strives to provide accurate pricing information, pricing or typographical errors may occur. We will not confirm the price of an item until you place your order. In the event that an item is listed at an incorrect price, we have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is priced incorrectly, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Taxes: Selby Rae charges sales tax to select states with a sales tax nexus. We will be charge the appropriate state and local sales taxes. You are solely responsible for any taxes due in connection with taxable products purchased. International Orders: Shipments to destinations outside of the United States may be subject to additional taxes and fees, including but not limited to customs fees, excise taxes, and import duties. You are responsible for paying all such additional charges. You are also responsible for ensuring that the products you ordered may be legally shipped into the destination country. We are not responsible for any shipments that are seized, confiscated or destroyed by government authorities in connection with an international shipment. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS Selby Rae (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events. Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@selbyrae.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Saint Paul, Minnesota before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Selby Rae’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified. Content Selby Rae attempts to be as accurate as possible in its product descriptions; however if you find a product is not as described, please contact us info@selbyrae.com. Proprietary Rights All content included on or comprising the Website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, “Content”) is protected by and subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Selby Rae., one of its affiliates, or by third parties, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and Selby Rae. owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not use material displayed on the Website for any commercial purposes without the written permission of one of our authorized representatives. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. Selby Rae. logos and other trademarks on the Website are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Selby Rae. and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner. Notification of Copyright Infringement Under the Digital Millennium Copyright Act It is our policy to respond to and investigate notices of alleged copyright infringement by third parties and take appropriate action under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), where applicable. Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to our DMCA Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Website, please notify us by contacting our DMCA Agent at the contact information below. Effective notifications under the DMCA must be in writing and include the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Selby Rae, LLC. to locate the material; Information reasonably sufficient to permit Selby Rae, LLC. to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Selby Rae’s designated DMCA Agent can be contacted as follows: By Mail: Jim Fritz DMCA Agent Selby Rae325 Randolph AvenueSuite 300Saint Paul, MN 55102 By E-mail: info@selbyrae.com By Phone: 1-651-334-6565 Governing Law and Arbitration These Terms shall be governed by the laws of the State of Minnesota law without regard to its conflicts of law provisions. All claims and controversies arising from or relating to these Terms shall be and conclusively resolved by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and any judgment upon any award rendered by the arbitrators may be entered in any court having jurisdiction. All questions as to the meaning of these Terms or as to the arbitrability of any dispute under these Terms shall be resolved by the arbitrators and their decision shall be final and binding and not subject to judicial review. All arbitration proceedings shall be conducted in Ramsey County, Minnesota. Costs of such arbitration proceedings shall be evenly split between Selby Rae on the one hand, and the party or parties adverse to Selby Rae on the other hand. You hereby irrevocably and unconditionally consent to the sole and exclusive jurisdiction of the courts of the State of Minnesota and of the United States of America located in the State of Minnesota for the enforcement of any arbitral award, waive any objection to the laying of venue of any such litigation in such court, and agree not to plead or claim in any such court that such litigation has been brought in any inconvenient forum. Effective as of September 1, 2020.
