TERMS & CONDITIONS
a. Order Processing. Orders may only be placed using the Services for personal use and not for resale. Ilene King reserves the right, in its sole discretion, to not process or to cancel your order or to limit quantities. Y
b. Taxes. For Ilene King Tax Policy, which may change from time to time.
c. Shipping and Delivery. For Ilene King Shipping and Delivery Policy, which may change from time to time.
d. Returns/Exchanges. For Ilene King Return/Exchange Policy, which may change from time to time. e. Product Availability. All offers of products as they are displayed via the Services are subject to availability. Ilene King reserves the right to change the items offered via the Services at any time and without notice. The Services may contain information about the availability of products at the time of ordering, but the quantity of inventory actually available can change significantly. If a product is not available for shipping promptly after your place your order, you will be notified, and you may choose to order a different item that is then-currently available, to wait until the product is available (if it will be available again in a timely manner) or to cancel your order. Ilene King shall not be liable if products are not in stock or otherwise not available.
g. Listed Price. The pricing for all products available via the Services are in United States dollars and exclude taxes and shipping costs. We strive to ensure all pricing information is correct. If a product is listed at an incorrect price or with incorrect information due to typographical error or otherwise, we reserve the right to not process or to cancel any orders placed for such product.
b. Text Messages. If you provided us with your mobile phone number, you must have a text messaging-enabled mobile device with a text messaging plan in order to receive text messages from us. This service is free from Ilene King but charges from your carrier for text, data or other usage may apply and you are responsible for all such charges.
4. Intellectual Property.
a. Ownership. The Services and all content available through the Services (including all intellectual property of any nature, whether registered or unregistered, including all text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) are the exclusive property of and owned by Ilene King and its affiliates, and their respective licensors or content providers, and is protected by copyright, trademark and other applicable U.S. and foreign laws. You may not reproduce by any means or process (except as expressly provided herein), in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any material contained within the Services. The “Ilene King” trademark and all other Ilene King related marks and logos, whether registered or not registered, displayed via the Services, as well as the domain name “Ileneking.com,” are and will remain the exclusive property of Ilene King. Any reproduction, distribution, transmission, modification or use of any Ilene King trademark for any purpose is prohibited. You may not remove any copyright, trademark or other proprietary notice contained in the Services or any content contained therein.
5. Claims of Copyright Infringement. Ilene King respects the intellectual property of others, and we ask our users to do the same. Ilene King may, at its discretion, disable and/or terminate the accounts of users of the Services who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Ilene King with the following information (to be effective, the notification must be in writing and provided to our Copyright Agent at the address below):
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has 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;
c. 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 a description of where the material that you claim is infringing is located on the Services;
d. your address, telephone number, and, if available, email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf
Ilene King agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Ilene King
PO Box 180
Cardiff, CA 92007
Ilene King may update this contact information from time to time without notice to you. We will post the current contact information on this Site.
8. International Access. The Services may be accessed from countries other than the United States. The Services may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use the Services outside the United States you are responsible for complying with your local laws and regulations.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ILENE KING DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICES WILL BE SECURE; THAT THE SERVICES OR ANY SERVER THAT MAKES THE SERVICES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SERVICES WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY OF ANY KIND.
Because some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such jurisdictions some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
c. Location of Arbitration. Arbitration shall take place in California. In the event that you select the county of your residence, Ilene King or the applicable Releasee may transfer the arbitration to California if it agrees to pay any additional fees or costs you incur as a result of the change in location in such amounts as determined by the arbitrator.
d. Exceptions. Notwithstanding anything to the contrary in this Section 11, either you or Ilene King may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secret will not be subject to this arbitration provision. Any dispute not subject to arbitration will be exclusively brought (unless such courts do not have personal jurisdiction in the dispute) in the courts located in San Diego, California. Additionally, notwithstanding this arbitration provision, either party may seek emergency equitable relief before such courts in order to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal jurisdiction of such courts. A request for interim measures will not be deemed a waiver of the right to arbitrate.
12. Governing Law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
13. Notice. We may give notice to you by email, a posting on the Site or other reasonable means. You must give notice to us in writing via email to firstname.lastname@example.org or as otherwise expressly provided.
Last updated October 23, 2015
GIFT CARD TERMS AND CONDITIONS
Updated – October 15, 2015
1. No fees are imposed on Gift Cards, and if purchased, they do not expire.
2. Certain Gift Cards that are not purchased are considered Promotional Cards, and the terms and conditions may vary. Promotional Cards may have an expiration date, as indicated at the time of issuance.
3. Gift Cards can only be redeemed at the Ilene King website toward the purchase of products available thereon. They cannot be applied to any orders previously placed or be redeemed for other Gift Cards.
4. Gift Cards are non-transferable and may not be returned or redeemed for cash (except as required by law).
5. If your order total is less than the value of the Gift Card, the remaining balance will continue to be available on the Gift Card and can be redeemed against subsequent orders. You may check your Gift Card balance on the Ilene King website or by emailing email@example.com.
6. To redeem a Gift Card you must enter the Gift Card information during checkout.
7. All remaining balances exceeding the value of your Gift Card must be paid by another Gift Card, credit card or debit card.
8. If you return any item you purchased using a Gift Card, the amount paid using a Gift Card will be issued to you on a new Gift Card and will be eligible for redemption against subsequent orders. You may check your Gift Card balance on the Ilene King website.
9. Electronic Gift Cards will be emailed to the recipient after payment has been processed, and physical Gift Cards will be shipped in accordance with our shipping and delivery policy. A confirmation will also be sent to the purchaser.
10. Delivery of an electronic Gift Card to an incorrect or non-existent email address is the sole responsibility of the purchaser. Delivery of a physical gift card to an incorrect or non-existent shipping address is the sole responsibility of the purchaser. We are not responsible if a Gift Card is lost, stolen, destroyed or used without permission. Gift Cards will not be replaced if lost or stolen without proper proof of purchase. Please treat them like cash.
11. Sales tax and shipping charges are applicable to any items purchased with a Gift Card.
12. We reserve the right to refuse, cancel or hold for review Gift Cards and orders for suspected fraud, for cards mistakenly issued in an incorrect denomination, or for other violations of gift card policies.
13. Please note that Promotional Cards are not gift cards, and the terms and conditions may vary. Promotional Cards may have an expiration date, as indicated at the time of issuance.
PROMOTIONAL CARD AND PROMOTIONAL CODE TERMS AND CONDITIONS
UPDATED – October 15, 2015
1. No fees are imposed on Promotions.
2. Promotions may have an expiration date, as indicated at the time of issuance.
3. Promotions can only be redeemed at the Ilene King website toward the purchase of products available thereon. They cannot be applied to any orders previously placed or be used toward the purchase Gift Cards.
4. Promotions are non-transferable and may not be returned or redeemed for cash (except as required by law).
5. If your order total is less than the value of the Promotion, the remaining balance will continue to be available on the Promotion and can be redeemed against subsequent orders. You may check your Promotion balance on the Ilene King website or by calling customer assistance.
6. To redeem a Promotion you must enter the Promotion information when prompted during checkout. Additional restrictions may apply, as indicated at the time of issuance.
7. All remaining balances exceeding the value of your Promotion must be paid by another acceptable form of payment (Gift Card, credit card or debit card).
8. If you return any item you purchased using a Promotion, the amount paid using a Promotion will not be reissued to you and will not be eligible for redemption against subsequent orders. You may check your Promotions balance and availability on the Ilene King website.
9. Delivery of an electronic Promotion to an incorrect or non-existent email address is the sole responsibility of the purchaser. Delivery of a physical Promotion to an incorrect or non-existent shipping address is the sole responsibility of the purchaser. We are not responsible if a Promotion is lost, stolen, destroyed or used without permission. Promotions will not be replaced if lost or stolen. Please treat them like cash.
10. Sales tax and shipping charges are applicable to any items purchased with a Promotion.
11. We reserve the right, in our sole discretion, to refuse, modify, cancel or hold for review any Promotion and orders for suspected fraud, for Promotions mistakenly issued in an incorrect denomination, or for other violations of the Promotion policies, in whole or in part for any reason or no reason to the extent permitted by law. If we suspect misuse of a Promotion, it may be suspended or terminated.
12. Please note that Promotions are not Gift cards, and the terms and conditions may vary. Promotions may have an expiration date, as indicated at the time of issuance.
SHIPPING AND DELIVERY POLICY
UPDATED – October 15, 2015
1. Shipping Method. As part of the order procedure, you will be asked to select your preferred shipping method, and your shipping cost, if any, will depend on the method you select. We will inform you of the shipping costs for the shipment method you select in the order summary displayed on the site before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the goods ordered.
Most items will ship via UPS and require a valid UPS shipping address. UPS generally will not ship to a P.O. Box or military address. Physical Gift Cards will ship via USPS.
2. Shipping Costs and Timing. During the ordering procedure, we will inform you of the estimated time required for delivery and the various forms of delivery available for the goods purchased. We provide free shipping on standard UPS Ground service to most destinations in the United States.
In some cases, certain delivery options may not be available, may require additional shipping fees or may take longer. Items subject to these additional shipping and delivery charges will be displayed during the ordering procedures and may not be eligible for any reduced or free shipping offers.
All orders placed before 12pm PST on business days for product in our warehouse will ship the same day. If such orders are placed after 12pm PST, the order will ship on the next business day. This excludes any order designated a “Pre-Order”. Additionally, orders for physical Gift Cards will ship within 24 hours if placed on a business day, or on the next business day. For “Pre-Order” items that are not yet at our warehouse or available for delivery, you will be notified by email when the item is processed and shipped. A tracking number will be emailed to you when your order ships. This tracking number will allow you to check on the delivery status of your order. Please be advised that deliveries are not typically made on weekends or holidays.
If your order or a part of your order is not able to ship without material delay for any reason, Customer Service will contact you to provide more detail and an estimated shipping date.
UPDATED – October 18, 2015
1. Eligibility. Unless otherwise noted at the time of purchase, you may return or exchange any product purchased via the Services. Gift Cards cannot be returned. You must return or exchange any eligible item within seven (7) calendar days of the delivery date. All items for return or exchange must be in their original condition, unused, unwashed, unaltered and undamaged. Items must be in the original packaging (including, if possible, the original delivery box) and be accompanied by the original invoice.
2. Process. To return an eligible item, login to your account to provide a reason code, then utilize the preprinted and prepaid return label that was included in your order documentation. You may also request a return label by contacting Customer Service at firstname.lastname@example.org.
3. Returns. After your item is received and inspected, your refund will be processed and a credit will be automatically applied to your credit card or original method of payment. Depending on your credit card company, it may take an additional 2-10 business days after your credit is applied to post to your account. Items that have been returned for a refund to your original form of payment will be refunded at the original purchase price plus applicable sales tax (if any). If a Gift Card was utilized in the original purchase, we will issue a new Gift Card for the value of the return refund. If the credit card used in connection with the purchase is expired or invalid, the refund will transfer over to your new card if it is with the same bank. If this is not possible, we will issue a check to the billing address on the credit card.
4. Exchanges. To exchange the same item for a different size or color, login to your account to process and pay the exchange. We will ship your new item in accordance with our shipping and delivery policy. Return your exchanged item as outline in Section 2 & 3 above. For all other exchanges, please contact Customer Service at email@example.com
UPDATED – October 15, 2015
We charge and collect state, local and county taxes for online transactions based on shipping address and as required by applicable laws and regulations. An estimate of these taxes will be provided during the ordering process and the actual sales tax (if any) will be calculated when your order is shipped and may vary from the estimated tax.
Applicable taxes will be applied to orders shipped to any location where we are required to collect taxes. If we are not required to collect taxes, it is your responsibility to determine and pay any use taxes or similar taxes. You cannot assume that your purchase is exempt merely because it is made over the internet.
No sales tax is charged when purchasing gift cards; however, purchases paid for with gift cards may be subject to tax.
Last Updated: October 23, 2015
Thank you for using the Ilene King website, application and/or other online services (collectively, the “Services”) operated by Ilene King, LLC.
1. INFORMATION COLLECTED
a. User Provided Information. We may collect and store any personal information you enter on our site or provide to us in some other manner. This includes identifying information, such as your name, address, email address, telephone number, billing and shipping addresses and financial information such as your payment method (valid credit card number, type, expiration date or other financial information). In addition, if you choose to use certain features of the Services, we may require you to provide additional personal information such as shopping preferences and demographics.
We may also collect and store personal information that you provide to us about other people. If you use our Services to send others (friends, relatives, colleagues, etc.) a gift card, a product as a gift, information that may interest them or messages (such as invitations) through our system, we may store your personal information and the personal information of each such recipient.
b. Automatically Collected Information. We automatically collect information from your browser when you visit our site. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us and the referring website address. If you use our mobile applications, this may include information such as geo-location data, device information for the mobile device on which the mobile application is installed and other information that you have consented to permit your mobile device or application to share with us.
When you visit our site, we may assign your computer one or more cookies to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click and the searches you conduct on our site.
We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in email messages or newsletters to determine whether messages have been opened and acted upon.
We may use third-party advertising companies to help tailor content or to serve ads on our behalf. These companies may employ cookies and web beacons to measure advertising effectiveness (such as which web pages are visited or what products are purchased and in what amount). Any information that these third parties collect via cookies and web beacons is not linked to any personal information collected by us.
c. Information from Other Sources. We may also periodically obtain both personal and non-personal information about you from our business partners, contractors and other third parties, and we may add such information to our account information or other information we have collected. In addition, if you access the Services using log-in credentials from another website (for example, Google or Facebook), we may obtain both personal and non-personal information from such other website.
2. INFORMATION USE AND DISCLOSURE
We will only use and disclose your personal information in accordance with applicable law.
We may use information that we collect about you for internal purposes, such as:
-to deliver the products and services that you have requested and communicate with you about products or services that may be of interest to you;
-to support and enhance your use of the Services and provide you with customer support;
-to conduct research and analysis about your use of, or interest in, our products, services or content;
-to serve you content and advertising tailored to your interests on our site;
-to enforce our terms and conditions and otherwise manage our business; and
-to perform functions as otherwise described to you at the time of collection.
We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality and supporting features offered through our site. In addition, we may share information that you provide to us as well as information that we collect with third parties to serve you ads tailored to your interests on our site and on other websites.
From time to time, we may share your personally identifiable information with our strategic and business partners, including our bank, insurance and audit firms, as well as business development partners. We may share personally identifiable or other information across our websites, applications, social media pages and other online platforms. We may transfer personally identifiable information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control.
We may use aggregated non-personal information for internal business purposes, such as improving our site. In addition, we may share aggregated non-personal information (such as the number of daily visitors to our site) with any of the above parties. We may also share aggregated information that contains no personally identifiable information with any other third party for any other purpose, including for marketing purposes and for conducting general business analysis.
3. DATA SECURITY
We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. For example, only those employees and third parties who need access to your information in order to perform their duties are allowed such access. In addition, we use encryption in the transmission of your sensitive personal information between your device and our system, and we use firewalls to help prevent unauthorized persons from gaining access to your personal information. While we use precautions to safeguard your personal information, no system is completely secure and we cannot guarantee complete security of your personal information.
4. UPDATING YOUR PERSONAL INFORMATION AND PREFERENCES
You may update your personal information and preferences as follows:
Account Information. If you have an online account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us.
Marketing Communications. You may choose not to receive marketing email communications from us by clicking on the unsubscribe link in the marketing emails. You may choose to opt out of receiving marketing communications through our mobile applications notifications and text notifications in the manner identified when you opt in to receive those notifications. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship email communications, such as service announcements, administrative notices and surveys, without offering you the opportunity to opt out of receiving them.
Location Data. When you use our mobile applications, you can choose not to share your location data by adjusting the applicable settings on your mobile device (the manufacturer or your service provider should be able to provide assistance).
Limiting Sharing. We will use reasonable efforts to honor any request that we not share your personal information with third parties for direct marketing purposes. You may make such a request by updating your information at firstname.lastname@example.org or by sending a written request to the address below:
PO Box 180
Cardiff, CA 92007
By email: email@example.com
5. Your California Privacy Rights
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org or write to us at:
PO Box 180
Cardiff, CA 92007
6. CHILDREN’S PRIVACY
We do not knowingly or intentionally collect personal information from children under age 13. If you are not 18 or older, you are not authorized to use the Services. Parents should be aware that there are parental control tools available online that you can use to prevent your children from submitting information online without parental permission or from accessing material that is harmful to minors.
7. ACCESS TO THE SERVICES FROM OUTSIDE OF THE UNITED STATES
PO Box 180\Cardiff, Ca 92007