ELLAZ BRIDAL TERMS OF SERVICES
SECTION 1 - ONLINE STORE TERMS
By proceeding with scheduling a consultation or making a deposit, you agree to be bound by these Terms & Conditions. If you do not agree to all the Terms & Conditions stated here on the website, then you may not proceed with scheduling a consultation or making a deposit. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions. Any new features which are added to the current contract agreement shall also be subject to the Terms & Conditions. These terms and conditions contain the most current version of the Terms or Service. ELLAZ BRIDAL reserves the right to update, change or replace any part of these Terms & Conditions at any time without notice to the client. Your continued business with ELLAZ BRIDAL following any changes constitutes acceptance of those changes.
SECTION 2 – SHIPPING
ELLAZ BRIDAL ships to the United States (including Alaska and Hawaii but excluding U.S. territories) and internationally. We do not ship to Post Office Boxes, APO or FPO addresses.
SECTION 2(A) - SHIPPING TIMEFRAMES
You will receive a shipment notification email when each item in your order is shipped. The estimated delivery date for each item is based on the estimated processing time and the shipping method you choose. Processing time refers to business days and does not include weekends or holidays. We do not ship on Saturdays, Sundays, or holidays. ELLAZBRIDAL.com offers the following shipping methods:
- Ground Shipping within the U.S. via FedEx only: estimated 3-5 business days.
- Two Business Day Shipping within the U.S. via FedEx only: estimated 2-3 business days.
- Next Business Day Shipping within the U.S. via FedEx only: estimated 1-2 business days.
- Standard International Shipping via FedEx only: 7-9 business days.
- Express International Shipping via FedEx only: 4-6 business days.
Please note that the above shipping times are subject to change based on the Carrier. If the client chooses to use her preferred shipping service, please note that ELLAZ BRIDAL will not be liable for the garment after it has been shipped.
SECTION 2(B) - INTERNATIONAL SHIPMENTS
All international shipments must clear customs. The rules and requirements for customs clearance vary from country to country. It is the customer's responsibility to pay any additional taxes, fees or duties or to arrange for any permits or special paperwork that may be required. Invoices are sent with all shipments. This is the only document that will be sent with your shipment.
SECTION 2(C) - SHIPPING DELAYS
For your convenience, we ask that you do not wait until the last minute to place your order. If you have an upcoming event, it is always wise to order far enough in advance to allow for unanticipated delays. ELLAZ BRIDAL will provide a delivery estimate when you place your order based on the information we receive from our courier. ELLAZ BRIDAL will not be held responsible for late shipments due to inclement weather, holidays, natural disasters, carrier delays, or any acts of God. Please keep in mind that holidays do not count as a business day and should be considered when calculating shipping times. We entrust our courier service to deliver your package on time. If your package is delayed, we will not offer reimbursement of shipping charges or a refund of your order. See more information in Section 12 of the Terms of Service.
SECTION 2(D) - FAILED DELIVERIES / REFUSED SHIPMENTS / INCORRECT SHIPPING ADDRESS
Incomplete or incorrect address information is the major cause of delayed shipments. Please be sure to check the address information on your order. Make sure you have included ALL the information (street address, apartment / suite number, city, state / province, postal code, etc.) needed to deliver your package. Your order will be shipped via our trusted courier service to the address you provide. It is extremely important that you give us the most accurate and most complete information possible. If an address correction needs to be made after your shipment has been sent you will be assessed whatever fees that our courier service charges us to make the correction. If a shipment is returned to us due to a bad address, the client will be responsible for additional shipping charges. NO REFUNDS WILL BE ISSUED FOR REFUSED OR ABANDONED SHIPMENTS.
SECTION 2(E) - LOST SHIPMENTS
If you have tracked your package and there is a discrepancy in delivery information, or it has been lost in transit please e-mail ELLAZ BRIDAL immediately at info@EllazBridal.com. We will contact our courier service immediately and initiate a trace for your package and have them start an investigation. This investigation can take up to 30 business days. If it is determined that your shipment has been lost an agreement will be reached with the client for a solution pending the result of our courier service's investigation of the situation.
SECTION 3 - REFUND POLICY
We want you to be completely satisfied with your purchase. We promise to make every effort to make your order to your exact specifications. At ELLAZ BRIDAL, we maintain a very high level of quality assurance. All our dresses are professionally tailored and carefully packaged. We go through a rigorous process to ensure you are receiving the best quality possible. All orders are thoroughly inspected prior to shipping as it is our primary goal to make sure you are 100% satisfied. Due to the custom nature of our products, ALL SALES ARE FINAL and cannot be returned or exchanged. There is no refund for either Ready-to-Wear gowns or Bespoke gowns. We begin production of an item immediately when it is ordered (i.e., deposit payment has been made on the item). Deposit payments and all other subsequent payments are applied to all time spent on consultations and appointments made from the time of the initial consultation (be it via phone call, video call, text messaging, social media messaging, chats, e-mail, in-person or any other means of communication with any staff member) to all other subsequent consultations and the actual making of the gown(s). Hence, payments cannot be refunded.
SECTION 4 - INTERACTIVE PRICING
Our prices, like our gowns, are made to measure. That's what we call Interactive Pricing. Everything is certainly negotiable, and we choose to work with just about every bride's budget. The price of every gown is computed individually based on choice of fabric, level of difficulty, and extent of embellishment (beading, appliqué, embroidery by hand or by machine). If your budget does not match our prices, please contact us at info@EllazBridal.com with your price offer. While we welcome all price offers, we do not guarantee that we will match your price offer, but we will certainly work with you to get to a mutual agreement.
SECTION 5 - ORDER CANCELLATION
Due to the custom nature of our dresses, we have a no cancellation, no refund, and no exchange policy. Once your order has been placed and processed, it is impossible for us to calculate all the time spent on numerous hours of consultations as well as time and financial resources spent on production, therefore we do not offer any refunds or exchanges. Should the client still choose to move forward with canceling the order, the client does so at their own risk of losing all monies put forth. ELLAZ BRIDAL will not be held liable for the client’s decision to cancel the order while sustaining a loss.
SECTION 6 - MEASUREMENTS
Please keep in mind that some gowns will need some sort of altering. We are not responsible for sizing mishaps. We advise all clients to be thorough in providing their measurements if they are unable to be measured at our atelier. Since we do not measure the dresses on your body, we cannot guarantee the measurements you have provided will be your exact size.
SECTION 7 - GENERAL CONDITIONS
ELLAZ BRIDAL reserves the right to refuse service to anyone for any reason at any time with notice to the client. We also reserve the right at any time to modify or discontinue the service (or any part or content thereof) with notice to the client. We shall not be liable to the client or to any third-party for any modification, suspension, or discontinuance of the service.
SECTION 8 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You expressly agree that your use of our products and services is at your consent. ELLAZ BRIDAL warrants that the products offered will be free of substantive defects in material and workmanship. ELLAZ BRIDAL shall in no event be liable for any incidental, special, or consequential damages of any nature, even if the client has been advised of the possibility of such damages.
In no case shall ELLAZ BRIDAL, our directors, officers, employees, affiliates, agents, contractors, interns, vendors, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using our services, or for any other claim related in any way to your use of our services or products, including, but not limited to, any errors or omissions in content of this Contract Agreement, or any loss or damage of any kind incurred as a result of the use of our services. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 9 - INDEMNIFICATION
The client agrees to indemnify, defend, and hold harmless ELLAZ BRIDAL and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, vendors, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising from any breach or default in the performance of any obligation of the client. The client further releases ELLAZ BRIDAL from liability for any damages sustained by the client or any other person claiming by, through, or under, the client. ELLAZ BRIDAL shall not be liable for any loss sustained by the Client from any cause whatsoever, except the affirmative acts of proven gross negligence or willful misconduct of ELLAZ BRIDAL, and then only to the extent of half the deposit paid by the Client. The client also agrees to hold ELLAZ BRIDAL harmless and to defend all actions, claims, suits, or proceedings that may subject ELLAZ BRIDAL to liability for defects in the Products.
SECTION 10 - DEFAULT
The occurrence of any of the following shall constitute a material default under the Terms of Service:
- Failure to make a required payment when due.
- The insolvency or bankruptcy of either party.
- The subjection of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
SECTION 11 - REMEDIES ON DEFAULT
In addition to all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of these Terms of Service (including without limitation the failure to make a monetary payment when due), the other party may terminate this Agreement by providing written notice to the defaulting party. This notice shall describe in sufficient detail the nature of the default. The party receiving the default notice shall have twenty (20) days from the effective date of such notice to cure the default(s). Unless waived by the party providing notice, the failure to cure the default(s), within such time period shall result in the automatic termination of this Agreement.
SECTION 12 - FORCE MAJEURE
If performance of these Terms of Service or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond ELLAZ BRIDAL control (“Force Majeure”), and if ELLAZ BRIDAL gives the client prompt notice of such event, then the obligations of ELLAZ BRIDAL invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, pandemic, vandalism, theft, storm or other similar occurrence, orders or acts of military or civil authorities, national emergencies, orders or acts of customs, insurrections, riots, wars, strikes, lockouts, lockdowns, and work stoppages. ELLAZ BRIDAL will not be held responsible in the event of such Force Majeure. Furthermore, ELLAZ BRIDAL shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased.
SECTION 13 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by ELLAZ BRIDAL. ELLAZ BRIDAL may terminate this Agreement at any time with notice to the client. If in our sole judgment the client fails, or we suspect that the client has failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and the client will remain liable for all amounts due up to and including the date of termination.
SECTION 15 - GOVERNING LAW
These Terms of Service constitute an Agreement and any separate agreements whereby ELLAZ BRIDAL shall provide the client shall be governed, interpreted, validated, performed and enforced by the laws of the State of Virginia.
SECTION 16 - ARBITRATION
Any controversies or disputes arising out of or relating to these Terms of Service ("Agreement") shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. ELLAZ BRIDAL shall select an acceptable arbitrator knowledgeable about the issues relating to the subject matter of this Agreement. The arbitration shall take place at a location that is favorable to and decided solely by ELLAZ BRIDAL in the State of Virginia, where ELLAZ BRIDAL operates. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrators shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration only. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
Both parties acknowledge that during the course of this Agreement, each may obtain confidential information regarding the other party’s business. Both parties agree to treat all such information and the terms of this Contract Agreement as highly confidential and to take all reasonable precautions against disclosure of such information to unauthorized third parties during and after the term of this Agreement. Upon request by an owner, all documents relating to the confidential information will be returned to such owner.
SECTION 17 - ATTORNEY'S FEES
If any action at law or in equity (including but not limited to Litigation) is brought to enforce or interpret the provisions of these Terms of Service (Agreement), ELLAZ BRIDAL will be entitled to all Attorney’s Fees incurred, court costs, transportation costs, in addition to any other relief to which ELLAZ BRIDAL is entitled ELLAZ BRIDAL will also have sole rights to decide on a litigation court favorable to ELLAZ BRIDAL.
SECTION 18 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of our products, services, and access to our website following the posting of any changes to these Terms of Service constitutes acceptance of those changes. Any changes to the Terms of Service will apply to previous clients, current clients and future clients.
SECTION 19 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@EllazBridal.com.