Terms and Conditions

TERMS OF USE

Please read the following terms of use before using this website.

Welcome to JULIET JOHNSTONE's website which is operated by or for JULIET JOHNSTONE, its affiliates or related companies, referred to collectively as JULIET JOHNSTONE.

The following terms govern your use of and/or purchase of products from the website. Be advised that

your use of the website constitutes your agreement to follow and be bound by all of the following terms and conditions (the “Agreement”). In Addition, the website is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. By using our Service, you will be subject to and should also review any Shopify Inc. terms of use and related policies.

GENERAL

We may from time to time change the terms that govern your use of the website. Your use of the website

following any such change constitutes your agreement to follow and be bound by the terms as

changed. We may change, move or delete portions of, or may add to, the website from time to time, for any reason, with or without notice.

REGISTRATION In order to access certain features of JULIET JOHNSTONE you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered an account on the Website (“Account”).

In registering an account on the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using JULIET JOHNSTONE under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of JULIET JOHNSTONE by minors. You may not share your Account or password with anyone, and you agree to (1) notify JULIET JOHNSTONE immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or JULIET JOHNSTONE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, JULIET JOHNSTONE has the right to suspend or terminate your Account and refuse any and all current or future use of JULIET JOHNSTONE (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform at any given time. JULIET JOHNSTONE reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use JULIET JOHNSTONE if you have been previously removed by JULIET JOHNSTONE, or if you have been previously banned from any of JULIET JOHNSTONE.

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of JULIET JOHNSTONE.

WEBSITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs,

video clips, music, and written and other materials that appear as part of this website. (collectively, the

“Contents”) are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled and/or used under license or with other legal authority by JULIET JOHNSTONE. The website

as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by JULIET JOHNSTONE. The Contents of the website, and the

website as a whole, are intended solely for personal, non-commercial (other than for the purchase of merchandise from the

website) use by the users of the

website. 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, in whole or in part, any of the Contents, the

website, or any related software.

THE USE OF ANY ROBOT, SPIDER, OR OTHER AUTOMATIC DEVICE OR SOFTWARE IN CONNECTION WITH THE SERVICES IS STRICTLY PROHIBITED. IN THE EVENT WE REASONABLY DETERMINE THAT ANY ORDER OR ATTEMPTED ORDER WAS MADE BY OR THROUGH USE OF ANY ROBOT OR OTHER AUTOMATIC DEVICE OR SOFTWARE, WE HAVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO DENY OR CANCEL ANY SUCH ORDER, TO REFUSE TO ACCEPT ANY RETURNS OR OFFER REFUNDS, AND/OR TO CHARGE RESTOCKING FEES.

PAYMENT

You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account or APPLE PAY to Shopify, our third-party payment provider(“Payment Provider”) in order to purchase products and to use certain Services. Your credit card provider agreement governs your use of the designated credit card or PayPal or APPLE PAY account, and the terms and conditions on the website of the Payment Provider governs your use of its website, and you must refer to the respective agreement or terms and conditions, and not the Terms, to determine your rights and liabilities. By providing to Shopify, on behalf of JULIET JOHNSTONE, with your credit card number [or PayPal account] and associated payment information, you agree that JULIET JOHNSTONE is authorized to immediately invoice your Account for all fees and charges due and payable to JULIET JOHNSTONE hereunder and that no additional notice or consent is required. You agree to immediately notify JULIET JOHNSTONE of any change in your billing address or the credit card [or PayPal account] used for payment hereunder. JULIET JOHNSTONE reserves the right at any time to change its prices and billing methods, either immediately upon posting on JULIET JOHNSTONE Properties or by e-mail delivery to you.

ORDERS

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.

CORRECTION OF ERRORS AND INACCURACIES

The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. JULIET JOHNSTONE therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time with or without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing, product availability or otherwise. We apologize for any inconvenience this may cause.

PRODUCT INFORMATION

Although availability may be indicated on the

website, we cannot guarantee product availability and

products, nonetheless, may not be available for immediate delivery. We reserve the right, without

liability or prior notice, to revise, discontinue, or cease to make available any or all products or to

cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.

COLORS

We have made efforts to display accurately the colors of products that appear on the

website. However, as the actual colors you see will depend on your monitor and/or other technological circumstance, we cannot and do not guarantee that your monitor’s display of any color will be accurate. We hand dye items, so please be advised that color inconsistencies from dye is normal and to be expected with 1/1 items.

RETURNS AND REFUNDS

All sales are final. We do not take returns. If you have a damaged item, please email STUDIO@JULIETJOHNSTONE.COM with a photo. If agreed damaged, we will issue you a refund and send you a return label to return your item to us. We do not do exchanges, so please visit size charts to make final purchase decisions.

THIRD PARTY PROVIDER

Shopify, Inc. provides JULIET JOHNSTONE payment services, and is JULIET JOHNSTONE’s third-party service provider (e.g., card acceptance, merchant settlement, and related services). By buying the JULIET JOHNSTONE Properties, you agree to be bound by Shopify’s Privacy Policy: https://www.shopify.com/legal/privacy and hereby consent and authorize the JULIET JOHNSTONE and Shopify to share any information and payment instructions you provide with Third Party Service Provider(s) to the minimum extent required to complete your transactions.

SHIPPING

JULIET JOHNSTONE will use commercially reasonable efforts to meet any shipment schedules set forth on the

website. However, any shipment date or forecast provided by JULIET JOHNSTONE is only an estimate of the time required to make shipment. Unless otherwise agreed to by JULIET JOHNSTONE, all items will be shipped by JULIET JOHNSTONE, or its designated representative, in the JULIET JOHNSTONE’s standard packaging using a delivery service specified by JULIET JOHNSTONE. For additional information about shipping, please see our SHIPPING POLICY.

JULIET JOHNSTONE COMMUNICATIONS TO YOU

You agree that JULIET JOHNSTONE may send electronic mail or other communications to you for the

purpose of advising you of changes or additions to the

website, about any JULIET JOHNSTONE products or services, or for such other purpose(s) as JULIET JOHNSTONE deems appropriate. Please see the

JULIET JOHNSTONE PRIVACY POLICY.

To the extent that the

website contains links to outside services and resources, the availability and

content of which JULIET JOHNSTONE does not control, any concerns regarding any such service or

resource, or any link thereto, should be directed to the particular outside service or resource.

DISCLAIMER

THIS

WEBSITE AND ALL CONTENTS OF THE

WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE

WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE, AND THAT NEITHER JULIET JOHNSTONE NOR ANY OF ITS AFFILIATES, OWNERS, AGENTS, OFFICERS, DIRECTORS, OR EMPLOYEES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE WEBSITE.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless JULIET JOHNSTONE and/or any of its affiliates,

owners, officers, directors, employees and/or agents from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the website.

MISCELLANEOUS

This Agreement shall be construed in accordance with the laws of the State of California, without

regard to any conflict of law provisions. You agree to bring any dispute arising under this Agreement exclusively in the State and Federal courts of the State of California in Los Angeles County.

TERMINATION

This Agreement is effective unless and until terminated by JULIET JOHNSTONE. JULIET JOHNSTONE may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the website, if in JULIET JOHNSTONE’ sole discretion you fail to comply with any term or provision of this Agreement, or if JULIET JOHNSTONE for any reason otherwise so decides to terminate. Upon any termination of this Agreement, you must promptly destroy all materials downloaded or otherwise obtained from the website, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

FRAUD PREVENTION

JULIET JOHNSTONE takes fraud prevention very serious and will continually work to protect the security of our card-carrying customers. We reserve the right to flag any online order for fraud prevention purposes. This may cause delays in processing. Customers are encouraged to provide accurate contact information and customer service representatives will make any correspondence attempts to the contact information provided. Customers submitting orders with varying information may be subject to such delays in processing. Flagged orders may be held from processing to await explanation regarding the variance between the billing and shipping information provided. First-time orders from new customers at above-average dollar amounts may only be authorized to ship to the billing address provided. Orders submitted using unsupported credit card information (often international) may be asked to confirm authorization by submitting a government-issued identification card that matches the information on file with the bank for the credit card holder. International customers who elect to ship to freight forwarding/drop shipping companies may have their orders cancelled at managerial discretion.

RELEASE

You hereby release JULIET JOHNSTONE Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of JULIET JOHNSTONE, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of JULIET JOHNSTONE. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a JULIET JOHNSTONE Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.

ASSIGNMENT

The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without JULIET JOHNSTONE’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

FORCE MAJEURE

JULIET JOHNSTONE shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. If a Force Majeure event occurs that affects JULIET JOHNSTONE’s performance of its obligations under these Terms: (a) JULIET JOHNSTONE will contact you as soon as reasonably possible to notify you; and (b) JULIET JOHNSTONE’s obligations under these Terms will be suspended and the time for JULIET JOHNSTONE’s performance of its obligations will be extended for the duration of the Force Majeure event. You may cancel the Services affected by a Force Majeure event which has continued for more than 30 days. To cancel please contact JULIET JOHNSTONE.

QUESTIONS, COMPLAINTS, CLAIMS

If you have any questions, complaints or claims with respect to JULIET JOHNSTONE, please contact us at: J@JULIETJOHNSTONE.COM. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

LIMITATION PERIOD

YOU AND JULIET JOHNSTONE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, JULIET JOHNSTONE OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

EXCLUSIVE VENUE

To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and JULIET JOHNSTONE agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Los Angeles County, California.

GOVERNING LAW AND JURISDICTION

THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.

CHOICE OF LANGUAGE

It is the express wish of the parties that the Terms and all related documents have been drawn up in English. These Terms, and any contract between us, are only in the English language.

NOTICE

Where JULIET JOHNSTONE requires that you provide an e-mail address, you are responsible for providing JULIET JOHNSTONE with your most current e-mail address. In the event that the last e-mail address you provided to JULIET JOHNSTONE is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, JULIET JOHNSTONE’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to JULIET JOHNSTONE at the following address: 3332 Eagle Rock BLVD, Angeles, CA 90065. Such notice shall be deemed given when received by JULIET JOHNSTONE by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

WAIVER

Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

SEVERABILITY

If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

EXPORT CONTROL

You may not use, export, import, or transfer JULIET JOHNSTONE except as authorized by U.S. law, the laws of the jurisdiction in which you obtained JULIET JOHNSTONE, and any other applicable laws. In particular, but without limitation, JULIET JOHNSTONE may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using JULIET JOHNSTONE, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use JULIET JOHNSTONE for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by JULIET JOHNSTONE are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer JULIET JOHNSTONE products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

CONSUMER COMPLAINTS

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

ENTIRE AGREEMENT

The Terms of Use represent the entire agreement between JULIET JOHNSTONE and you.

SHIPPING POLICY

PROCESSING TIME

SHIPPING METHODS DO NOT INCLUDE PROCESSING TIME. You will receive an email from

STUDIO@JULIETJOHNSTONE.COM when your order has been confirmed. Please allow 3-5 business days for your order to be processed. Shipping times may increase during holidays and other peak seasons. Purchased items will be shipped within 10 business days of the order, although most will be shipped within 3 to 4. Please allow up to 2 weeks for your delivery to arrive. If you still have not received your purchase after 3 weeks, please contact us at J@JULIETJOHNSTONE.COM.

TAXES, SHIPPING & HANDLING CHARGES

All USA orders are shipped via UPS, USPS or Fedex. All California residents will incur sales tax as set by the State of California and/or the County to which your delivery will be shipped.

All international orders are shipped via UPS or USPS or DHL. Carriers are selected based on the most efficient delivery.

All international orders (outside of the USA) may be subject to sales tax, import duties, and customs charges at the receiver’s expense. This rate is determined by the receiving country. please contact your local customs for further information.

FAILED DELIVERY/RETURNED TO SENDER If the package cannot be delivered to the given shipping address due to causes ascribable to the absent cooperation of the customer (wrong or incorrect phone number, wrong or incorrect shipping address, absent receiver,) or if the customer refuses to collect the package, the package will be returned to the sender (JULIET JOHNSTONE) at the customers expense. The expense includes shipping costs and any duty and tax the package may have incurred; this amount will be deducted from the total of the order to be refunded.

DAMAGED/OPENED BOX If you receive your package, and it is damaged and/or opened, please take a photo of the damage before checking the contents inside. Please submit a claim via the courier used to ship your order.

RESTRICTIONS JULIET JOHNSTONE is unable to ship to PO boxes.

JULIET JOHNSTONE is unable to combine separate orders into a single shipment.

JULIET JOHNSTONE is unable to change any shipping addresses. We will only ship to the address entered at the time the order was originally placed.

JULIET JOHNSTONE is unable to cancel or modify an order.

JULIET JOHNSTONE is unable to price match or make price adjustments.

ABANDONED PACKAGE Customers are responsible for any additional shipping fees associated with a returned package or exchange. JULIET JOHNSTONE will either send an invoice to you for the costs, or you are able to provide us with a prepaid shipping label. JULIET JOHNSTONE will only hold your package for 30 days before it is deemed abandoned. After 30 days, an abandoned package will forfeit the right to an exchange or refund.

RETURN POLICY

ALL SALES ARE FINAL.

For any damages with the merchandise notice must be given to STUDIO@JULIETJOHNSTONE.COM within 2 days of shipment receipt.