Terms and Conditions
Thank you for choosing to shop with us at eclipsedemporium.com. These Terms and Conditions (hereafter referred to as "Terms") outline the rules and regulations governing the use of our eCommerce website and its services.
By using our website, you accept and agree to be bound by these Terms. If you do not agree with these Terms, you should not use our website.
"We", "Us", or "Our" refer to eclipsedemporium.com.
"You" or "Your" refer to the user of our website.
To use our website, you must be 18 years of age or older.
By using our website, you confirm that you are eligible to enter into a legally binding agreement.
1.3 Updates to Terms
We reserve the right to modify, update or change these Terms at any time, without prior notice to you.
By continuing to use our website after the changes, you agree to be bound by the revised Terms.
Products and Services
2.1 Product Descriptions
We strive to provide accurate descriptions and images of the products we offer. We do not guarantee that product descriptions or images are complete, current, or error-free. We reserve the right to change product descriptions and prices without prior notice.
2.2 Pricing and Payment
All prices on our website are listed in the currency of the country of purchase, and they are subject to change without notice.
We accept various forms of payment, such as credit cards, PayPal, and other methods as specified on our website.
You are responsible for providing accurate billing and payment information.
2.3 Shipping and Delivery
We aim to deliver the products to you within the estimated delivery timeframe specified on our website. However, delivery times are not guaranteed, and we are not liable for any delays in delivery.
Shipping costs will be calculated and added to your order at checkout, based on the delivery location and shipping method.
You are responsible for providing accurate shipping information, and for any customs or import duties that may apply to your order.
2.4 Returns and Refunds
We offer a 30-day return policy from the date of delivery.
To initiate a return, you must contact us through the contact form on our website or via email at [email address] to obtain a Return Merchandise Authorization (RMA) number.
You are responsible for the cost of returning the product, and it must be in its original condition and packaging.
Once we receive and inspect the returned product, we will issue a refund for the purchase price, excluding any shipping costs.
Please note that certain products, such as perishables or personalized items, may not be eligible for returns or refunds.
3.1 Prohibited Activities
You must not use our website for any illegal or unauthorized purpose.
You must not transmit any viruses, worms, or other harmful code or software.
You must not interfere with or disrupt the operation of our website or its servers.
You must not attempt to gain unauthorized access to any part of our website or its systems.
3.2 User Content
You are solely responsible for any content that you submit or upload to our website.
You grant us a non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display any user content, in whole or in part, for any purpose.
We reserve the right to remove any user content that violates these Terms or is deemed inappropriate, in our sole discretion.
4.1 Trademarks and Copyrights
All trademarks, logos, and service marks displayed on our website are owned by us or our licensors.
All content on our website, including text, images, graphics, and code, is protected by copyright laws and is owned by us or our licensors.
You may not use any trademarks or copyrighted materials without our prior written consent.
4.2 DMCA Notice and Takedown
We respect the intellectual property rights of others and expect our users to do the same.
If you believe that your copyrighted work has been copied and is accessible on our website in a way that constitutes copyright infringement, you may submit a notice of infringement to us in accordance with the Digital Millennium Copyright Act (DMCA).
Please provide us with the following information in writing: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the allegedly infringing material, including its location on our website; (d) your contact information, such as your address, telephone number, and email address; (e) a statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please send your DMCA notice to Eclipsed Emporium at email@example.com.
Limitation of Liability
5.1 Disclaimer of Warranties
We make no representations or warranties of any kind, whether express or implied, regarding our website or its services, including but not limited to the accuracy, completeness, or reliability of any content or information provided on our website.
We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
5.2 Limitation of Liability
In no event shall we be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of our website or its services.
Our total liability to you for all claims arising out of or in connection with your use of our website shall not exceed the total amount paid by you to us for the products or services ordered by you through our website.
You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.
5.4 Force Majeure
We shall not be liable for any failure or delay in the performance of our obligations under these Terms if such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, fire, flood, labor disputes, accidents, or governmental action.
6.1 Termination by Us
We reserve the right to terminate your access to our website or its services at any time, without prior notice, for any reason or no reason at all.
6.2 Termination by You
You may terminate your use of our website at any time by discontinuing access to our website and its services.
The provisions of these Terms that by their nature should survive termination, shall survive termination, including but not limited to, intellectual property provisions, limitations of liability, and indemnification.
Governing Law and Dispute Resolution
7.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which our company is registered, without giving effect to any principles of conflicts of law.
7.2 Dispute Resolution
Any dispute arising out of or relating to these Terms or your use of our website shall be resolved through binding arbitration in accordance with the rules of the arbitration association in the jurisdiction in which our company is registered
The arbitration shall be conducted by a single arbitrator appointed by the arbitration association, and the award shall be final and binding upon the parties.
Any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
8.1 Entire Agreement
These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us with respect to the subject matter of these Terms.
8.2 No Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
You may not assign these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. We may assign these Terms or any of our rights or obligations hereunder without your prior written consent.
The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
We are a darkly inclined shopping experience for all ages, genders and sizes. Female family owned small business located in Long Beach, CA.