Welcome to Yoomna’s Boutique website, which includes www.yoomnas.com (the "Site"). The Site is provided as a service to our customers. Please review the following terms and conditions of use, including an Arbitration Agreement, which govern your use of the site (the "Agreement").
YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE ANY OF THE site. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Unless otherwise noted, the site, and all features and materials on the site, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Yoomna’s Boutique.
The site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the site.
Unless otherwise specified, the site and the Contents are intended to promote Yoomna's Boutique's products and services available in the United States. The site is controlled and operated by Yoomna's Boutique from its offices in Naperville, Illinois.
Information on our site may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).
Yoomna's Boutique is pleased to hear from you and welcomes your comments regarding our products and services. While we value your feedback, we are unable to accept or consider any creative ideas, suggestions, proposals, plans, or other materials submitted by you (collectively, “Proposals”) other than those we have specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Yoomna's Boutique's employees and agents might seem to be similar to Proposals. Accordingly, we ask that you not send Proposals to anyone at Yoomna's Boutique through any communication channel.
If you send certain specific submissions at our request (for example, contest entries, customer reviews or photographs), or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use your Comments in any medium. Yoomna's Boutique is and shall be under no obligation:
We have the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the site. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Yoomna's Boutique or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Yoomna's Boutique takes no responsibility and assumes no liability for any Comments posted by your or any third party.
Your submission of personal information through the site is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the site (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.
Many products displayed on the site are available in store in the United States The prices displayed on the site are quoted in U.S. Dollars.
Certain products are available exclusively online through the site. These products may have limited quantities and are subject to return or exchange only through the site according to the applicable return policy.
We have made every effort to display as accurately as possible the colors and styles of our products that appear at the site. We cannot guarantee that the display of any color or style on your computer or mobile device will be accurate.
The strike through or listed price represents a price at which we previously offered the product, or a comparable product, in our stores or online, recently or in a past season or year, or the value of a similar item in the market. It may not represent the price in effect in our stores or online or elsewhere in the market on any particular day or in every location.
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the site or any service, content, feature or product offered through the site, with or without notice; charge fees in connection with the use of the site; modify and/or waive any fees charged in connection with the site; and/or offer opportunities to some or all users of the site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the site.
The site may contain links to other website that are not under the control of Yoomna's Boutique. Yoomna's Boutique has no responsibility for the linked website nor does linking constitute an endorsement of any linked website. If you use the links, you will leave the site and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for your convenience and information.
You agree to defend, indemnify and hold Yoomna's Boutique harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, due to your use of the site and/or your breach of any representation, warranty, or other provision of the Agreement.
Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Yoomna's Boutique agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
Both you and Yoomna's Boutique agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and Yoomna's Boutique expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. You may begin an arbitration proceeding by sending a letter requesting arbitration to:
You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules.
In lieu of arbitration, either you or Yoomna's Boutique may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.
Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the site ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms are effective unless and until terminated by either you or Yoomna's Boutique. You may terminate this Agreement at any time. Yoomna's Boutique also may terminate this Agreement at any time without notice, and accordingly may deny you access to the site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason:
This Agreement shall be governed by the laws of the State of Illinois without regard to choice of law principles, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Yoomna's Boutique's right to require strict observance of each of the terms herein. This Agreement constitutes the entire agreement between us relating to your use of the site.
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