TERMS AND CONDITIONS OF USE
ELLA’S WOOL, LLC
Welcome to Ella’s Wool. The following terms and conditions govern your access to, and use of the Ella’s Wool website (hereafter “Site”) including any content, functionality, and purchases on or through the site (hereafter “Agreement”). Please read the following terms and conditions carefully before you purchase products from the website, as they form the entire agreement between you (sometimes referred to herein as "You" or "Your" or "User") and Ella’s Wool LLC (“ELLA’S WOOL,” or "we" or "us"). By using the Site, you represent and warrant that you are of legal age to form a contract. When you view the site or purchase products through Ella’s Wool you agree to all of the terms and conditions of this Agreement.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, LEAVE NOW. YOU MAY NOT USE THE WEBSITE, AND SHOULD NOT PROCEED TO PURCHASE ANY PRODUCTS FROM THE WEBSITE. BY USING THE WEBSITE YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL AMENDMENTS MADE HERETO FROM TIME TO TIME.
1. Right to Use. Your right to use the Ella’s Wool Site is subject to the limitations, conditions, and restrictions established by us from time to time, in our sole discretion. We may alter, suspend, or discontinue any aspect of the Site at any time, including the availability of any feature, product, or content. We may also impose limits on certain features and aspects of the Site or restrict your access to parts or the entire Site without notice or liability.
2. Availability. By using the Site, you acknowledge that you are using a web-based platform, and that while Ella’s Wool takes every reasonable action to make sure that the Site remain fully functional and up to date, interruptions do happen, for any reason or no reason, including for routine maintenance. Ella’s Wool retains the right at its sole discretion to deny access to part or the entire website to anyone, at any time and for any reason. You understand and acknowledge that due to circumstances both in our control and not in our control, access to the website may be interrupted, suspended, or terminated.
4. Terms of Sale. We have taken every care to ensure that the descriptions and specifications of our products are as accurate as possible. While we do try to ensure that all information displayed on our Website is accurate, errors may occasionally occur. All content provided on the website is for the sole purpose of description. Ella’s Wool sells natural products. As such, slight variations in shade or color may occur naturally, and such products may appear slightly different when viewed via the Site than may appear on delivery.
a. Product Pricing and Availability. Product prices quoted are exclusive of taxes, shipping and handling fees, which will be charged at the rates specified during checkout. Payment methods accepted may vary. All orders are subject to acceptance and availability. Should we discover a pricing error for an order you have placed we will contact you as soon as possible with the option to accept the correct price or cancel the order. Should we discover that a product ordered is unavailable we will contact you as soon as possible with the option to purchase an alternative product or cancel your order.
b. Payment and Shipping. Once payment has been received, orders will be processed. Generally, orders will be processed within 24 hours when placed between Monday and Friday. Receipt of order and confirmation of order processing/shipping will be provided to customers via email. We will email you once your order has been dispatched. Orders received after 2 o’clock PM on Friday, weekends or public holidays will be dispatched the first business day following receipt of payment. Shipping times may vary depending on carrier and shipping method chosen. We are not responsible for any delays resulting from shipping delays or force majeure. Please see our ‘Delivery & Returns’ section for further information and policies regarding refunds.
c. Damaged or Defective Goods. Ella's Wool takes pride in selling quality products. If you receive an item you consider damaged or defective, please contact us within 30 days of receipt to arrange a replacement. Should the item be found to be faulty we will take full responsibility for replacement shipping costs.
6. Intellectual Property. You acknowledge that Ella’s Wool owns all rights, title, and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights, sui generis database rights, and all other intellectual property rights of any sort throughout the world) in the website, and in any and all versions (whether or not patentable), works of authorship, mask works, designations, designs, know-how, ideas, and information made or conceived or reduced to practice, in whole or in part (collectively, “Intellectual Property”). Such ownership shall include rights in any advertising materials, websites, and their reproductions, further versions, revisions, and/or derivative works of the Site. Any goodwill existing or created as part of this agreement shall inure to the benefit of Ella’s Wool only. Except as may be expressly granted herein, and necessary for your use of the Site, Ella’s Wool grants you no right, license, title, or interest in or to any of Ella’s Wool Intellectual Property. You shall not copy without authorization, translate, reverse engineer, decompile, disassemble, or make derivative or transformative works of Ella’s Wool Intellectual Property. Ella’s Wool reserves all rights not specifically granted.
The following uses of Ella’s Wool Intellectual Property are permitted:
a. Personal computing/mobile devices on which you use the Site are permitted to make temporary copies of the Site as stored in the RAM of such devices incidental to the use and access of the Site; and
b. You may store files that are automatically cached in your internet browser or mobile device for display enhancement purposes.
7. Proprietary Information. The Site contains information which is proprietary to us. We assert all available copyright protections in the Site. Any information shared or posted by us is the property of Ella’s Wool or, in the case of content provided to us by our suppliers, those suppliers, whether or not it is identified as proprietary to us. You agree not to modify, copy, or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information. The name of this Site, and all parts of the Site, regardless of their name, are marks of or under license to Ella’s Wool. No use of these marks shall be permitted except through the prior written authorization and permission of Ella’s Wool or the licensor of the mark. All rights not expressly granted herein are reserved.
8. Copyright Policy and DMCA. Ella’s Wool obtains product information, including photographs from its suppliers. Ella’s Wool relies on its suppliers to provide content which is free from infringement of any and all Intellectual Property rights, including copyright, trademark, patent, trade secret, or other rights. We voluntarily observe and comply with the United States' Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a screenshot and description of where the material that you claim is infringing is located on a Site; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Please send the above information to the following address: [email protected] with “DMCA” in the subject line.
9. Unsolicited Ideas. Ella’s Wool does not accept unsolicited ideas for the Site or business practices from users, nor do we review such submissions. Any such submissions, once submitted, will become property of Ella’s Wool upon submission.
10. User Warranties. By purchasing a Product through Ella’s Wool, you warrant and agree that you are: (a) of suitable age and possess the authority to create a binding legal obligation, and are not impaired in this ability; (b) that all the information you provide to Ella’s Wool is only about yourself, and that all of such information is accurate, true, current, and complete; (c) your use of the website will always comply with the terms of this Agreement, and (d) your purchases will not be made be for resale.
11. Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SITE IS PROVIDED ON AN "AS IS, WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION: THE AVAILABILITY, ACCURACY OF CONTENT OR MATERIALS, INFORMATION, PRODUCT, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ELLA’S WOOL EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY PERFORMANCE AND/OR USE OF THE GOODS, AS SOLD BY ELLA’S WOOL IS BORNE EXCLUSIVELY BY YOU. ELLA’S WOOL MAKES NO WARRANTY THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS; NOR DOES ELLA’S WOOL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE. SHOULD THE PRODUCTS SOLD BY ELLA’S WOOL CAUSE ANY DEATH, DAMAGE, INJURY, ALLERGY OR ILLNESS; YOU, AND NOT ELLA’S WOOL, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM THEIR USE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. USERS IN STATES WHICH DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES MAY HAVE DIFFERENT LEGAL RIGHTS, WHICH MAY VARY BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL ELLA’S WOOL, ITS SUPPLIERS, LICENSEES, OR OTHER PARTNERS, OR THEIR SUPPLIERS, LICENSEES, RESELLERS, OR PARTNERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, OR ANY AND ALL COMMERCIAL DAMAGES RESULTING FROM ANY USE OF THE PRODUCTS PROVIDED BY ELLA’S WOOL. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES. YOU AGREE THAT ELLA’S WOOL MAXIMUM LIABILITY TO YOU FOR ANY PROVISION HEREIN, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE WHOLESALE VALUE OF THE OFFENDING GOODS PURCHASED THROUGH THE SITE.
13. Jurisdiction/Disputes/Choice of Law. This Agreement and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in the State of New York, without regard to its conflict of law provisions. You hereby submit to the personal jurisdiction of the state and federal courts of the State of New York for resolution of all disputes. You hereby agree that exclusive venue for any litigation under this Agreement shall be with any federal, state, or county court located NEW YORK. Each party shall be liable for their own attorneys’ fees, expenses, and costs both at trial and appellate levels.
15. Affirmation of Agreement. You hereby acknowledge and affirm that you have read this entire Agreement and that you agree to be bound by all its terms and conditions by clicking where indicated on the Site registration page and/or by authorizing the use of your credit or debit card for payment of such charges and fees necessary to purchase a Product through Site and for any other charges which you may incur for goods or site ordered at or in association with the Site.
If you have further questions, please contact us by email at [email protected]