TERMS OF USE
These terms and conditions of use (the "terms") set forth the terms on which Dearscarlett.com, operated by Dear Scarlett (the "company," "we," "our" or "us") provides you access to this web site (Dearscarlett.com) and our services. Read the following terms and conditions carefully before using this web site. By using or accessing this web site, you acknowledge that you have read these terms of use ("agreement"), and that you accept and will be bound by the agreement. If you do not agree to these terms, you may not access or otherwise use Dearscarlett.com.
PRODUCT IMAGES
This website is expressly owned and operated by Dear Scarlett. Unless otherwise noted, all design, materials, and content that are part of the website at www.dearscarlett.com (the “Site”), including but not limited to images, artwork, graphics, photography, and text (collectively “Contents”) are copyrights, trademarks, trade dress or other intellectual properties, owned, controlled, or licensed by Dear Scarlett or its affiliates. All worldwide rights, titles, and interests are reserved. Any use of the Contents without Dear Scarlett’s express written consent is strictly prohibited. The Contents and Site are intended solely for your personal, noncommercial use. Any use of the Site and Contents for purposes other than personal and noncommercial is prohibited without the prior written consent of Dear Scarlett. You may copy Contents displayed on the Site for your personal, noncommercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.
ELIGIBILITY
The wholesale portion of our website is only accessible to retailers. You must have a valid seller's permit, and you must have a retail clothing business in order to be able to purchase goods from us. By registering in Dearscarlett.com you warrant and agree that you have a valid reseller's permit, a retail clothing business that is in operation, and that you intend to abide by all the terms of use under this agreement.
USER RESPONSIBILITIES
By the terms and conditions of this agreement as a registered member, you must agree not to:
Use this website for unlawful purposes in any manner or way
Misrepresent one's self or impersonate another, for the purpose of registering in Dearscarlett.com
Attempt to unlawfully access any account, images, or other content that is being granted to you by accessing this site
Disclose your password to, share your password with, any third parties. You may not use your password for any unauthorized purpose
SHIPPING INFORMATION
All orders will ship out via UPS only. All orders will be shipped via UPS Ground unless specified otherwise. Shipping charges are to be determined, and we calculate your shipping charges only after the package is sealed and weighed. Please note that 3-Day Select, 2nd Day Air, and Next Day Air service are more costly, thus Dear Scarlett cannot be held responsible if shipping charges are higher than what the buyer anticipated. If unsure about a particular shipping method, please confirm with a Dear Scarlett sales representative and we will gladly assist you. All shipments must be made to a valid address, as we do not ship to PO Boxes. All orders placed by 3PM PST with valid credit card information will be shipped out the same day. Orders placed after 3PM PST will ship out on the following business day. If your credit card is declined, your order will be shipped once payment is released. If your payment is not released within a timely manner, we may at our discretion cancel your order. We ship from Monday through Friday, excluding holidays. All orders placed after 3PM PST on Fridays, will ship out on Monday or the following business day if Monday is a holiday. There may be more restrictions on shipping dates during the end of the year around the holidays.
PAYMENT INFORMATION
All orders must be paid prior to shipping, unless buyer opts to pay by COD. We only accept payment via credit card or money order/cashier's check. When paying by credit card, buyer must fill out a credit card authorization form, and either fax it to us or email it to us. We must have your authorization IN WRITING. We will not accept credit card numbers over the phone.
RETURNS & EXCHANGE
All returns must be made within 14 days of purchase. Buyers will be responsible for freight of all returned merchandise with the exception of defective merchandise (when Dea Scarlett is notified within 7 business days or 24 hours of receipt of goods).
DAMAGES/SHORTAGES
Dear Scarlett prides itself in quality garments. However, there may be circumstances out of our control in which merchandise may be damaged during transit. It will be the buyers' responsibility to inspect all goods before selling them. Buyers will have 7 business days to notify one of our representatives regarding any damages or shortages. If a claim is made within 24 hours of receipt of goods, Dear Scarlett will issue a call tag for the return freight. We will gladly replace the goods if we still have it in stock, or issue a store credit that is equal in value to the returned goods. You are responsible for making claims in a timely manner. If there are any shortages, please call us and a sales representative will assist you. Depending on the situation, we may be able to send you a replacement or we can issue a store credit. We may not be able to assist you if your claim is not made within a timely manner.
DISCREPANCIES
The online catalog is to be used as a reference guide and does not always reflect the accuracy, pricing, availability or stocking status of inventory. Although the majority of the data in the catalog is correct, there can be discrepancies in style numbers, colors, descriptions, pricing, and availability. We cannot guarantee that the colors that you see on the screen will be the same as the actual goods that you may receive. We do our best to represent our goods as accurately as possible, however depending on the settings of your computer monitor, colors may appear differently than they actually are. We reserve the right to make changes to style numbers, colors, and pricing.
CANCELLATION POLICY
All cancellations must be made in writing via email. If order is placed before 3PM PST, we must receive the cancellation notice on the same day by 3PM PST. If an order is placed after 3PM PST, we must receive the cancellation notice by 3PM PST on the following business day. If we receive the cancellation notice after the goods have been shipped, buyer may return the package to Dear Scarlett. However, if buyer does not submit cancellation notice before the designated cancellation time, Dear Scarlett cannot refund buyer the shipping charges.
MISCELLANEOUS
We may terminate user access or suspend any user's access to all or part of Dearscarlett.com without notice for any conduct that we, in our sole discretion, believe violates any applicable law or is harmful to us, or if such party is found to have engaged in fraudulent activity in connection with Dearscarlett.com. The services provided for you on Dearscarlett.com are available only to individuals who can form legally binding contracts under applicable law. We may refuse our services to anyone at any time at our sole and absolute discretion. We reserve the right to make changes to the terms of use at any time without prior notice.
DISCLAIMERS
Buyer shall indemnify, defend and hold harmless Dear Scarlett, its officers, directors, owners, partners, agents and employees from any and all suits, losses, claims, demands, liabilities, costs and expenses (including reasonable attorneys' fees and paralegal fees) that we may sustain or incur, arising from or out of a respective:
Buyer's failure to comply with any applicable laws and/or regulations;
Buyer's breach of any of its obligations set forth in these terms;
Buyer's use of Dearscarlett.com