CAPRETTO, LLC

TERMS OF SERVICE

The following Terms of Service and any other terms and conditions of use and rules posted on our Site, as such term is defined below (collectively the "TOS") constitute an agreement between Capretto , LLC, a California limited liability company (dba elysewalker and also TOWNE by elysewalker)  and its affiliated companies (collectively "THE COMPANY", "we", "our", "us") and you, the visitor or user of the Site (“you” or “user”) , governing your access and use of all content and functionalities available at THE COMPANY’s website, related micro-sites accessed through the URL www.elysewalker.com, related domain names, and any other website or micro-site of THE COMPANY (collectively the "Site").

By visiting and continuing to use any Site, you hereby agree, accept and consent to the practices and all of the terms and conditions described in the TOS and the TOS will govern your use of all  Sites. The TOS also applies to the purchase and sale of products (“Product” or “Products”) purchased or otherwise inquired through www.elysewalker.com  (the “Site”) as well as orders purchased or placed through Client Services, stylists, or at a elysewalker or TOWNE by elysewalker store.  We may modify the TOS from time to time and at any time and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS.

Those persons wishing to use our services must read and agree to be bound by our policies relating to those services. Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site.

SUMMARY OF THE TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT

SECTIONS IN THIS DOCUMENT

ACCESS TO AND USE OF THE SITE

SECTION 1

INTELLECTUAL PROPERTY RIGHTS AND CONTENT; PRIVACY POLICY

SECTION 2

NO COMMERCIAL USE

SECTION 3

YOUR ACTIVITY

SECTION 4

THIRD PARTY

SECTION 5

SITE PROVIDED "AS IS"

SECTION 6

DIGITAL MILLENNIUM COPYRIGHT ACT

SECTION 7

ADDITIONAL TERMS & CONDITIONS THAT GOVERN OUR SALE AND YOUR PURCHASE OF ANY PRODUCTS OR SERVICES

SECTION 8

GENERAL LEGAL TERMS

SECTION 9

  1. ACCESS TO AND USE OF THE SITE

Subject to all of the terms and conditions of the TOS, THE COMPANY gives you a non-exclusive, revocable, and limited right to access and use the Site provided you use the Site in compliance with all of the terms and conditions of the TOS (“Access Right”) andwith any other agreements that THE COMPANY may have with you. For clarity, you understand and agree that: (i) THE COMPANY reserves the right to suspend or revoke your Access Right to use any Site if you have violated any provisions of the TOS; (ii) THE COMPANY has the right to change, suspend, or discontinue any functionalities or services available on any Site at any time, and from time to time, including the availability of any content or features that are currently available on any Site.  

  1. INTELLECTUAL PROPERTY RIGHTS AND CONTENT; PRIVACY POLICY  

2.1  All copyright, designs, trademarks and all other intellectual property visible on the Site, including THE COMPANY’s underlying software and all HTML and other code contained on our Site, and all “Content” (as defined below) made available via or on any Site are the sole property of Capretto LLC or their respective owners. You are permitted to use the content on the Site only as expressly authorized by THE COMPANY and/or its third-party licensors. Any reproduction or redistribution of the above listed Content without permission is prohibited and may result in civil and criminal penalties. “Content” means all data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files, and all other content and material made available to you via or on any Site.

2.2 You hereby: (i) agree that the THE COMPANY’s Privacy Policy, including without limitation the disclosures and notices contained therein to California residents pursuant to the California Consumer Privacy Act of 2018 (CCPA) are hereby incorporated into this TOS (collectively, “THE COMPANY’s Privacy Policy”); and (ii) consent and agree to all of the terms and conditions set forth in THE COMPANY’s Privacy Policy.  You can review THE COMPANY’s Privacy Policy through this link: https://www.elysewalker.com/pages/privacy 

  1. NO COMMERCIAL USE

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content (as defined above), to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

  1. YOUR ACTIVITY

You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.

You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.

  1. THIRD PARTY

We may include hyperlinks on this Site to other websites or resources operated by parties other than THE COMPANY, including advertisers. THE COMPANY has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

  1. SITE PROVIDED “AS IS” 

While THE COMPANY will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under the laws of the State of California.

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.

You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.

  1. DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated  Agent with the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. 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 owner of an exclusive right that is allegedly infringed.

Please contact our Designated Agent as follows:

Capretto LLC
863 Swarthmore Avenue
Pacific Palisades, CA 90272

Attn: DMCA Department
Phone: 
1-310-230-8882 

  1. ADDITIONAL TERMS AND CONDITIONS WHICH GOVERN OUR SALE AND YOUR PURCHASE OF ANY PRODUCTS

8.1        ORDER ACCEPTANCE AND CANCELLATION

Your receipt of an electronic, telephonic 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 you have been charged. If your order has been cancelled or limited, the applicable amount of your order will be refunded in the original form of payment. If you have been charged and your order is canceled, we will immediately issue a refund to your original form of payment in the amount of the charge and notify you that your order was canceled.

8.2 STORES

Once an order has been placed, if you are not satisfied with it, you may return it in accordance with our Return Policy set out below.

8.3 GIFT CARDS

All Gift Cards are issued in U.S Dollars and are redeemable at an elysewalker or TOWNE by elysewalker store. Gift Cards may not be returned and may not be redeemed for cash except as required by law.  Balance Inquiry: For balance inquiries and to obtain information about Gift Cards inquire at any elysewalker or TOWNE by elysewalker register.  Expiration & Fees: Gift Cards do not expire, and there are no associated fees.

Lost, Damaged or Stolen Cards & Fraud: If lost, stolen or damaged, Gift Cards may be replaced for the remaining value with proof of purchase. THE COMPANY will not be responsible if your Gift Card is used without your permission. Title to and risk of loss for Gift Cards pass to the purchaser upon sale. Please treat your Gift Card like cash and safeguard it accordingly. THE COMPANY and its affiliates reserve the right to refuse to accept a Gift Card that is believed to have been fraudulently obtained.

8.4 MEMO PROGRAM

The elysewalker and TOWNE by elysewalker Memo Program is designed to provide women and men with great clothes, shoes, handbags and accessories (“items”) selected by our in-store stylists from time to time.  For more details about the Memo Program, please see https://www.elysewalker.com/pages/stylists#sider-survey. With each Memo box, you have 48 hours or 2 days after it is delivered to review the selection of items and try them on (“try-on period”). THE COMPANY will charge the credit card on file for any and all items not returned in accordance with the Return Policy, below, at the end of the try-on period, although we may bill you earlier in certain circumstances (for example, if the customer instructs us to do so, if we have reason to believe that the order is fraudulent, or if we notify you that we will do so). THE COMPANY reserves the rights to decline shipping items on memo, to refuse any and all current or future use of the Site or the Memo Program Service, and not to do business with any customer as THE COMPANY deems appropriate in its sole discretion for any reason.

8.5 RETURN POLICY

THE COMPANY is pleased to accept timely returns of new and unused Products (unworn with original tags attached) within 7 days from the date of purchase in exchange for alternate product or store credit.  THE COMPANY will not accept returns or exchanges on intimates, swimwear, jewelry or sale merchandise.  Exchanges can be refunded as a customer credit or applied to alternative Product. Orders placed across multiple cards will be refunded to the same cards used, regardless of the cards expiring, or updated card information.

Other designer packaging such as dust bags, authenticity cards, and leather tags should all be included where provided. Any returned Products which are damaged, do not include the packaging materials, soiled, or altered may not be accepted and exchanges or credits will not be issued for such returns.

8.6 SHIPPING POLICY

THE COMPANY offers a variety of shipping options to meet your shipping needs. No C.O.D. orders can be accepted.

Customer Shipping Request & Costs

Ground

Next Day

Second Day

Third Day

Domestic

Free

$40

$30

$20

International

Actual Cost

Actual Cost

Actual Cost

Actual Cost

Unless directly specified by a customer, all orders are dispatched with ‘No Signature Required’ and may be left at a residence deemed safe by the delivery company. THE COMPANY is not responsible for any loss or liability or damage that may result from leaving your package at the shipping address without a signature.

THE COMPANY is also not responsible for any international shipping delays caused by the customs clearance process.

8.7 TRUNK SHOW

Once a trunk show has completed, the sale is final and we will not be able to make any changes to the size, style, quantity, or type of Product purchased. We will do our best to accommodate special order requests, however this is purely at the discretion of the designer. All special orders require 100% pre-payment and are final sales.   Any delays, production changes, or cancellations will be communicated to you as soon as it is confirmed by the designer. Any other cancellation requests are at the discretion of THE COMPANY and may only be refunded as customer credit. Once you receive your order, if you are not satisfied with it, you may return it in accordance with our Return Policy noted above.

  1. GENERAL LEGAL TERMS

(a) Complete Terms: The TOS constitute the whole legal agreement between you and THE COMPANY and govern your use of the Services and completely replace any prior agreements between you and THE COMPANY in relation to the Services. You agree that THE COMPANY is under no obligation to provide you with notices regarding changes to the TOS. You understand that it is your responsibility to check the TOS regularly for changes.

(b) Modifications to the Services: THE COMPANY is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which THE COMPANY provides may change from time to time without prior notice to you. You further acknowledge and agree that THE COMPANY may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at THE COMPANY's sole discretion, without prior notice to you.

(c) Confidentiality: You understand that THE COMPANY grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. THE COMPANY reserves the right to revoke these exceptions either generally or in specific cases.

(d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the TOS. You understand that you are solely responsible for (and that THE COMPANY has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences including any loss or damage which THE COMPANY may suffer) of any such breach.

(e) Indemnification: At THE COMPANY’s request, you agree to fully defend, indemnify and hold harmless THE COMPANY and its affiliates, and their officers, directors, employees, agents, licensors, and suppliers,  immediately on demand, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site or of any product you purchase from THE COMPANY, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these TOS,  your use of the Site, your purchase of any products and the provisions of any services to you by or on behalf of THE COMPANY.

(f) Rights Not Waived: You agree that if THE COMPANY does not exercise or enforce any legal right or remedy which is contained in the TOS (or which THE COMPANY has the benefit of under any applicable law), this will not be taken to be a formal waiver of THE COMPANY's rights and that those rights or remedies will still be available to THE COMPANY.

(g) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable.

(h) Governing Law: The TOS, and your relationship with THE COMPANY under the TOS, shall be governed by the laws of the State of California. You and THE COMPANY agree to submit to the exclusive jurisdiction of the State and Federal courts in California and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.

(i) Independent Relationship: If you purchase any products from THE COMPANY, then the relationship between you and THE COMPANY is only that of an independent contractor relationship. Your use of any Site, and the provisions of these TOS, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and THE COMPANY. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the TOS. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the TOS.

Need help? Email www.CUSTOMERSERVICE@​ELYSEWALKER.COM or call: 1-310-230-8882 .