TERMS & CONDITIONS
Please Read This Document Carefully. It Contains Very Important Information Regarding Your Rights and Obligations, Including Limitations and Exclusions That Might Apply to You.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
All content (including but not limited to logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music and software and any combination of these) of the website is either owned or licenses to J. Cavallo Llc and is protected by applicable copyright laws around the world. All such rights are reserved. The Site is the exclusive property of Jeannine Cavallo Llc (dba J. Cavallo Llc) and is protected by Local and International copyright laws.
All other intellectual property in or connected to the website, our products, or any related packaging, stationary, marketing material, or in any other way are either ours or licensed to us and such rights are protected by the applicable laws around the world.
Your use of the website and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to its content including our software and all HTML and other code contained in this website. You are permitted to access and make personal use of the website but such use is limited and does not include the right to: use the website in any way which may prejudice or damage the reputation of Jeannine Cavallo Llc dba J. Cavallo; use the website for any commercial or business purposes; reproduce or redistribute the website or any of its contents for commercial or business purposes; or take any action that may impose an unreasonable burden or load on our infrastructure.
Any unauthorized use of the Site is strictly prohibited.
1. Order Acceptance and Cancellation
Your receipt of an electronic, or other form of, order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If applicable, your order will be refunded in the original form of payment. If your credit card has been charged and your order is canceled, we will immediately issue a refund to your credit card account in the amount of the charge and notify you that your order was canceled. Orders placed using J. Cavallo Credits will be available immediately to use once the order is canceled. Promotions will be refunded and reactivated in your account, as long as the promotion has yet to expire.
Once a Pre-Order Trunk Show is closed and the preorder has been accepted, we will not be able to make changes to the order. This includes size changes, style changes, quantities, etc. We will try to accommodate late preorder requests, but this is purely at our discretion. As soon as the preorder has been placed and the Trunkshow has closed, it cannot be canceled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested. Any delays, production changes, or cancellations will be communicated to the customer as soon as it is confirmed . Any other cancellation requests are at the discretion of J. Cavallo and may only be refunded as J. Cavallo Credits.
2. Payment Terms
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, shall be as follows:
All orders are subject to verification for security reasons. You will be contacted and will have 48 hours to complete verification process. If you do not respond after such time, you will be notified and the order will be canceled and refunded in the original payment method.
Payments may be processed in United States dollars. Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below. Payments made on debit/credit cards outside of US Dollars will be calculated using currency conversion on www.xe.com on the day of the transaction. You agree that J. Cavallo is not responsible for any credit shortages due to currency conversion rates.
If you preorder Products, you will be required to pay fifty percent (50%) of the amount due as a deposit at the time you place your order, exclusive of shipping fees and taxes. We will charge the remaining fifty percent (50%) of the amount due, plus shipping fees, and any taxes or duties owed at such time as the Product is ready for shipment. Please note that any available J. Cavallo Credits will be automatically applied towards the balance of any pending orders.
If you order Products available for immediate shipping from our Boutique, you will be required to pay the full amount due, plus shipping fees and any taxes and/or duties associated with the Product at the time you place your order.
Please be aware that because of the “pre-sale” nature of such transactions, you should expect a wait period of approximately four to six (4 to 6) months between the date you place your order and the date that the Product is ready for shipment. The estimated delivery window will be noted on the Product page of the respective Trunkshow.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
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 that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail 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.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
When you send us emails or use the Site, you are communicating with us electronically and you consent to receive communication from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, 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 in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous 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 Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Jeannine Cavallo Llc dba J. Cavallo , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, 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 the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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.
You agree to indemnify, defend and hold harmless Jeannine Cavallo Llc dba J. Cavallo and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
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 either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have 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 you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with Minnesota State and Federal Law and the relevant courts of Minnesota will have exclusive jurisdiction.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at 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 or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
3. Changes in Products and Pricing
We are constantly updating and revising our offerings of Products, and we may discontinue Products at any time without notice. All pricing for the Products is subject to change. For all of our prices and Products, we reserve the right to make adjustments due to changing market conditions, Product discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances. If the price of an order changes after you’ve paid for it in full or after you’ve paid the down payment, your order will be canceled and your monies refunded.
We attempt to be as accurate as possible with Product descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, we shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a refund to your credit or debit card account in the amount of the charge and advise you of the canceled order. If you are not completely satisfied with your purchase, you may return it in accordance with our Return Policy, as set forth below.
4. Shipping Fees, Taxes, and International Duties
If you are shipping within the United States of America, sales tax will be charged on orders shipping to New York State and California. For preorder Products, this tax will be charged at such time as the Product is ready for shipment and for all other Products, this tax will be charged at the time you place your order for the Product. No other tax or import duty will be applied to orders shipped within the United States.
If you are shipping outside the United States on a DDP (Delivery Duty Paid) basis, import taxes and duties will be automatically applied at the time of checkout. For preorder Products, all relevant shipping fees, import taxes, and duties will be charged at such time as the Product is ready for shipment and for all other Products, such shipping fees, import taxes, and duties will be charged at the time you place your order for the Product. The costs of shipping and any import taxes, and duties paid are non-refundable.
If you are shipping outside the United States on a DDU (Delivery Duty Unpaid) basis, no taxes or duties will be charged by J. Cavallo. This detail will be noted at Checkout and on the confirmation email sent once order has been placed. As the recipient, you will be responsible and liable for all import duties, customs and local sales taxes levied by the country you are shipping to. Payment of these amounts will be necessary to release your order from customs on arrival.
5. Shipping Policy
We offer a variety of shipping options to meet your shipping needs. Please check the shipping options at checkout for specific delivery options and fees. No C.O.D. orders can be accepted.
Please note that the posted shipping time frame, if provided, may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.
These shipping terms, including the terms set forth in our Shipping Guidelines, are accepted by you by placing an order with us.
All orders are dispatched with ‘No Signature Required’ and may be left at a residence deemed safe by the delivery company. J. Cavallo is not responsible for any loss or liability or damage that may result from leaving your package at the shipping address without a signature. If you prefer to have your order shipped with ‘Signature Required’ please contact email@example.com so that we may make arrangements.
J. Cavallo is also not responsible for any international shipping delays caused by the customs clearance process.
6. Price Adjustment Policy
J. Cavallo will honor price adjustments on products purchased within a 15-day period prior to the start of a sale. Please note that the product has to still be available on the site in the same size originally purchased. All approved price adjustments will be issued in the form of J. Cavallo Credits and the product will be a Final Sale.
J. Cavallo is only able to honor price adjustments at the initial markdown, and will be unable to honor them with subsequent markdowns or changes in prices, if any. J. Cavallo will not price match any sale or discount prices with any other retailers, including affiliates.
7. Limitation of Liability
In no event shall we or our suppliers have any obligations or liabilities to you or any other person for loss of profits, for loss of business or use, or for incidental, punitive, special or consequential damages, whether based on contract, tort (including negligence), products liability, or any other theory or form of action, even if we have been advised of the possibility thereof, arising out of or in connection with the sale, delivery, or use of the Products. Our sole and entire maximum liability (and the liability of our suppliers) for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the Products you have ordered through our Website. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction’s law is applicable to your purchase of Products.
8. Return Policy
J. Cavallo offers complimentary return shipping on all orders. We are pleased to accept timely returns of new and unused products within 15 days from the date you received your order. Returns can be refunded as J. Cavallo Credits or to the original method of payment, where applicable. Pre-orders placed across multiple cards will be refunded to the same cards used, regardless of the cards being removed from the site, cards expiring, or updating card information.
Your products must be returned in the original packaging, including any boxes, hangers, garment bags, and other signature packaging materials, including J. Cavallo hanging tags. Other designer packaging such as belts, dust bags, authenticity cards, and leather tags should all be included where provide. If your order did not include the proper packaging please email firstname.lastname@example.org.
Any returned products which are damaged, do not include the packaging materials, soiled, or altered may not be accepted and will be returned to you. Refunds or credits will not be processed until the items are returned and inspected by J. Cavallo.
Products that are received damaged or become damaged by a manufacturing fault within six (6) months of purchase are considered faulty. Items that become damaged as a result of normal wear and tear are not considered to be faulty. J. Cavallo will determine, in its sole judgment and discretion, whether the damage is as a result of normal wear and tear or some other reason.
Damaged or faulty products will be replaced or repaired, where possible and subject to availability. Where possible we will offer to repair the faulty item. If a product cannot be replaced or repaired, you are entitled to a full refund within the six (6) month period.
Any product returned outside of the 15-day return policy are at the discretion of J. Cavallo and may not be accepted or only accepted for J. Cavallo Credits.
We have made every effort possible to ensure the colors are displayed as accurately as possible. J. Cavallo cannot guarantee your computer’s monitor will accurately display the true color. If you have any questions about the color of an item please contact email@example.com prior to placing your order.
All products not eligible to be returned will be noted in the Product Details. No returns or exchanges will be accepted on the following items and sales of the following items are considered Final Sale:
You may use one (1) return label to return multiple products from different orders in one package. Simply affix one of the return labels to the outside of the box. International orders must include any and all commercial invoices of the products being returned to prevent any delays with clearing international customs.
Our free return shipping does not apply to items outside the country to where they were originally shipped.
We prefer our products are returned to J. Cavallo using the provided labels from FedEx, UPS, DHL to ensure the products are protected and insured. However you may return goods at your sole risk and expense using any safe and secured means. We do request that you contact us at firstname.lastname@example.org regarding such returns. Please note that J. Cavallo may not accept liability for any good returned to us outside our own return labels. Returns may be sent to the address below:
J. Cavallo Llc
7475 Flying Cloud Dr, Ste. 402
Eden Prairie, MN 55344
9. Contests and Promotions
On occasion J. Cavallo may issue promotional codes, site credits, and similar “gift certificates” which will provide a credit towards a purchase on the Website when redeemed at checkout. These codes are non-transferrable, and are to be used only by the intended recipient. In particular, J. Cavallo reserves the right to cancel a promotion and/or to reject redemption of a promotional code when the total value of the promotional code exceeds a certain value, generally the price of the item for which the promotional code is used.
Promotions are only eligible for full-priced products and are limited to one per transaction. Minimum spends may be required and will be communicated on any correspondence. Where a promotion has been communicated via email, the promotional code is non-transferable and the email address provided during checkout must be the same as the email address to which the promotion was sent. J. Cavallo shall not be liable to any customer for any financial loss arising out of the refusal, cancellation or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason.
Promotional codes do not cover the costs of any shipping, duties, and/or regional taxes where applicable. These are to be paid by you. Promotions may be applied to new Trunkshow orders, but will only be deducted from the balance due. The 50% deposit must be paid at the time the order is placed, in order to submit to the brand.
All promotions have an expiration date which will be indicated in your account or in any communication to the customer. Once a promotion has expired the amount may not be refunded. If the promotion is still active, it will be refunded back to the customer’s account to be used towards a future order.
Any and all J. Cavallo contest rules and regulations will be communicated directly to the customer.
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof. These terms and conditions may not be altered, supplemented, or amended by the use of any other documents. The laws of the State of Minnesota, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Website and the purchase of Products. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the State and Federal Courts of Minnesota located in St. Paul and Minneapolis with respect to such matters.