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Terms and Conditions

Welcome to Allthamluxe.com, a website owned and operated by Alltham, p.b.c., a Public Benefit Corporation organized under the laws of the State of Delaware (“Alltham”). Alltham provides website and other electronic services subject to the Terms set out below ("Terms"). By using and shopping via Alltham's website(s), Alltham’s mobile services, Alltham’s telephone ordering and interactive voice response services, Alltham’s software applications that you download, and other websites and existing or future services that expressly incorporate these Terms ("Alltham Services"), you accept these Terms. In some instances, a particular Alltham Service or a product purchased through the Alltham Services may be subject to additional policies, guidelines, terms, and/or agreements ("Additional Terms"). In the event that such Additional Terms are inconsistent with these Terms, the Additional Terms shall govern.

Please read these Terms carefully. If you do not wish to be bound by these Terms, do not access or use the Alltham Services.

Applicable Laws

Alltham makes no representation that content included in any Alltham Services is appropriate or available for use in locations other than in the United States, and access to the Alltham Services from territories where their content is illegal is prohibited. Those who choose to access the Alltham Services from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content included in any Alltham Service in violation of U.S. export laws and regulations.

Change of Terms

Alltham may, at its sole discretion, revise or add new terms to these Terms from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Alltham may give by any means, including, without limitation, by posting the revised Terms on the Alltham Services. You are responsible for reviewing the Alltham Services for any modifications to these Terms that may affect your rights or obligations. Any access or use by you of the Alltham Services after changes to these Terms will constitute your acceptance of the revised terms.

Orders and Pricing

Alltham reserves the right to discontinue or change product specifications and prices without prior notice. Products are available while supplies last. Inadvertent errors in advertised prices are not binding on Alltham, and may be adjusted by Alltham any time. Your placing an order and your receipt of an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation.

Best Price Guarantee

We work hard to ensure that we offer the absolute best prices online, and want you to be confident that you are getting the absolute best price for the product you are ordering.  

If you find another online store that offers a lower price than us within six months of your purchase please let us know and we will refund the difference.  Also, If you find that our own website has a lower price for the same item you have ordered within six months of your purchase, we will refund the difference.

To request your partial refund simply e-mail us a link to the same product on our competitor’s website or on our website within six months from the date of your order and we will process the credit to the account from which you paid.

Our 100% Price Guarantee has some limitations:

  • You must purchase the item from our website before requesting your Price Match Guarantee
  • Promotions such as sign-up discounts, rebates, and buy one, get one free offers are not eligible
  • The item must be in stock on the competitor’s website
  • The competitor must be an online store; they may not have a retail location
  • The website cannot be a discounter or auction website (i.e.; eBay, overstock, etc.)
  • The competitor must be an Authorized Retailer of the product in question
  • The competitor must be in compliance with the manufacturer’s Minimum Advertised Price (MAP) policy.  
  • The Price Match Guarantee includes the item price and the shipping charges, if any; it excludes sales tax. 

Content

Copyright in the documents and material on the Alltham Services is owned by or licensed to Alltham. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. The images of people or places displayed on the Alltham Services are either the property of, or used with permission of, Alltham. The uses of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission is provided elsewhere on the Alltham Services. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes governing communications. Nothing contained in the Alltham Services should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Alltham Services without the written permission of Alltham or any third party that may own such trademarks or service marks. Alltham will aggressively enforce its intellectual property rights to the fullest extent of the law.

Submissions

All information, ideas, suggestions, or other communications you transmit to Alltham concerning the materials contained in the Alltham Services will be on a non-confidential and non-proprietary basis, subject to the provisions of our Privacy Policy, when relevant. Alltham and its parents, subsidiaries, and affiliates will be free to reproduce, use, disclose, and distribute such communications without limitation or obligation. You may also post reviews, comments, photos, and other content, provided that such content is not threatening, obscene, defamatory, an invasion of privacy, an infringement of intellectual property rights, or otherwise objectionable or likely to infringe upon the rights of third parties.

For all of the content that you post or submit to the Alltham Services, you grant Alltham a perpetual, irrevocable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world through any media, including, but not limited to, the broadcast of such content on television. You grant Alltham and its sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or control all of the rights to the content that you submit, that the content is accurate, that use of the content you supply will not violate these Terms and will not cause injury to any person or entity, and that you will indemnify Alltham for all claims resulting from any content that you supply. Alltham has the right but not the obligation to monitor any activity and to edit or remove any content. Alltham takes no responsibility and assumes no liability for any content posted by you or by any third party.

Links to Other Sites and Services

Links to other Internet sites and services operated by third parties, including Alltham vendors, do not constitute sponsorship, endorsement, or approval by Alltham of the content, policies, or practices of such linked sites or services. Alltham is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services.

Electronic Communications

When you access or use the Alltham Services, send e-mails to Alltham, or receive electronic communications from Alltham, you are, and consent to, communicating with Alltham electronically. Alltham may communicate with you by e-mail or by posting notices on one or more of the Alltham Services. You agree that all notices, disclosures, agreements, policies, and other communications that Alltham provides to you electronically satisfy any requirement that such communications be in writing.

Mobile Services

The Alltham Services may include certain services that you may access through your mobile phone or other mobile device, including services that allow you to use your mobile device to place orders, receive and reply to messages from Alltham, and access certain other features (collectively, the "Mobile Services"). Alltham does not charge for Mobile Services. However, when you access or sign up for Mobile Services, you recognize, acknowledge, and understand that you may incur charges by your wireless carrier for all messages sent to you from Alltham, its parent companies, or any of its corporate affiliates or subsidiaries. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will Alltham, its parent companies, or any of its corporate affiliates or subsidiaries, be responsible for any wireless e-mail, text messaging, or other charges incurred by you or by any individual who has access to your wireless device, telephone number, or e-mail address. Downloading, installing, using, or accessing certain Mobile Services may be prohibited or restricted by your mobile service provider, and not all Mobile Services may work with your device. You are responsible for confirming with your service provider whether the Mobile Services are available for your mobile device, whether any restrictions may be applicable to your use of the Mobile Services, and whether any charges may apply to your use of the Mobile Services. Note that premium charges may be applied on a one-time and/or a recurring basis and may be charged to you on your regular bill or deducted from any prepaid balances. By using the Mobile Services, you agree that Alltham may communicate with you through your mobile device and that certain information about your usage of the Mobile Services may be communicated to Alltham. If you change or deactivate your mobile telephone or other access number, you agree to promptly update your mobile subscription account information to ensure that the messages Alltham intends to send to you are not sent to another person.

For Alltham's "Mobile Alerts", you may unsubscribe at any time, and for any reason, by visiting the Mobile Alerts signup page on My Account and opting out of the Mobile Alerts you do not wish to receive, replying with the word STOP to your Alltham Mobile Alert, contacting Customer Service at 888-263-9850, or by mailing a request to Alltham Customer Service, 5566 West Chester Road, West Chester, OH 45069. We are always happy to answer your questions and listen to your comments.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE MATERIAL CONTAINED IN THE ALLTHAM SERVICES HAS BEEN CHECKED FOR ACCURACY. HOWEVER, ALLTHAM MAKES NO WARRANTIES OR REPRESENTATIONS AS TO SUCH MATERIAL’S ACCURACY, AND IT IS SUPPLIED WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE ALLTHAM SERVICES IS PROVIDED TO YOU ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.ALLTHAM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OR SERVICES OFFERED ON THE ALLTHAM SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE PRODUCT’S MANUFACTURER.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, CERTAIN DAMAGES OR LIABILITIES. AS A RESULT, THE DISCLAIMERS AND LIMITATIONS REFERENCED ABOVE MAY NOT APPLY TO YOU.

Your Access to Alltham Services

When you use the Alltham Services, you agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of, and purchase of products and services through, the Alltham Services. You are responsible for maintaining the confidentiality of any passwords or usernames and for restricting access to your account, if any, and you agree to accept responsibility for all activities that occur under your account, username, or password. Alltham sells products, including children’s products, to adults only, who can purchase products with a credit card or other permitted payment method. If you are under 18, you may use the Alltham Services only with the involvement of a parent or guardian. Alltham reserves the right, at its sole discretion, to refuse service, remove or edit content, cancel orders, or terminate accounts for any or all of the Alltham Services. In the event that Alltham denies you access to one or more Alltham Services, the provisions in these Terms governing any copyright and other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive such termination.

Copyright Infringement

In accordance with the Digital Millennium Copyright Act ("DMCA"), Alltham has designated an agent to receive notification of alleged copyright infringement occurring on the Alltham Services:

DMCA Notification Agent
Attn: Legal Department
HSN, Inc.
1 HSN Drive
St. Petersburg, Florida 33729
E-mail: [email protected]

Contents of Notice

The DMCA requires that all notices of alleged copyright infringement be in writing. For Alltham to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing Alltham of an alleged copyright infringement, you should:

1. Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works on a single Alltham Service are involved, please provide a representative list of such works on that Alltham Service.
2. Describe the material that is claimed to be infringing and provide sufficient information to permit Alltham to locate that material.
3. Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
4. Certify or include a statement that you have a good-faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or law.
5. Certify that the information that you have provided Alltham is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
6. Include your physical or electronic signature.
Alltham may not be able to act on your complaint promptly or at all if you do not provide this information.

Miscellaneous

These Terms contain the entire understanding of you and Alltham with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and Alltham with respect to the subject matter hereof. The failure of Alltham at any time to enforce any of the provisions of these Terms will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of Alltham to thereafter enforce each and every provision of these Terms. No waiver by Alltham of any breach of any provision of these Terms will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Terms is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Terms, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Terms.

These Terms will be governed by and construed in accordance with the internal laws of the State of Delaware without regard to conflict of laws principles. Any suit brought under or in connection with these Terms may be brought only in the courts of the State of Delaware, or of the U.S. District Court for the District of Delaware, and Alltham and you consent to the personal jurisdiction and venue of such courts.

Communications with respect to these Terms may be directed to Alltham

By mail addressed to

Alltham, p.b.c.

920 Justison Street

Wilmington, DE 19081

Or by email addressed to

[email protected]

 

[Updated 11/13/2020]