STORE POLICY

Customer Care

 

Policy Statement:

Customer service is a top priority of the library. All ECLMB customers will be treated promptly and respectfully without regard to age, gender, sexual orientation, race, ethnicity, disability, language proficiency, social or economic status.

 

1. ECLMB Staff members are responsible for providing the best customer service possible and are empowered to make decisions that will ensure the best experience for each customer while balancing the needs of the individual with the overall needs of ECLMB Brand customers throughout the ecommerce district.

 

2. When answering the phone, an ECLMB employee will identify him or her self and the department in which (s)he works. 

 

3. ECLMB Representative will assist customers on a first come, first served basis to the extent possible without infringing on the service needs of other customers.

 

4. ECLMB Representative members will enable successful shopping by assisting customers with ECLMB's resources and equipment.

 

5. In cases where ECLMB's resources are not sufficient to meet customer demand, staff will offer refer to customers to other online stores with more appropriate collections. 

 

6. A customer with complaints about the service received or about customer policy shall be referred to the senior staff on duty at the time. 

Privacy & Safety

This privacy policy ("policy") will help you understand how Ethereal Company uses and protects the data you provide to us when you visit and use www.etherealcompany.com. We reserve the right to change this policy at any given time, of which you will be promptly updated. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. What User Data We Collect When you visit the website, we may collect the following data:

• Your IP address.

• Your contact information and email address.

• Other information such as interests and preferences.

• Data profile regarding your online behavior on our website. Why We Collect Your Data We are collecting your data for several reasons:

• To better understand your needs.

• To improve our services and products.

• To send you promotional emails containing the information we think you will find interesting.

• To contact you to fill out surveys and participate in other types of market research.

• To customize our website according to your online behavior and personal preferences.

 

Safeguarding and Securing the Data

Ethereal Company is committed to securing your data and keeping it confidential. Ethereal Company has done all in its power to prevent data theft, unauthorized access, and disclosure by implementing the latest technologies and software, which help us safeguard all the information we collect online.

Our Cookie Policy

 

Once you agree to allow our website to use cookies, you also agree to use the data it collects regarding your online behavior (analyze web traffic, web pages you spend the most time on, and websites you visit). The data we collect by using cookies is used to customize our website to your needs. After we use the data for statistical analysis, the data is completely removed from our systems. Please note that cookies don't allow us to gain control of your computer in any way. They are strictly used to monitor which pages you find useful and which you do not so that we can provide a better experience for you. If you want to disable cookies, you can do it by accessing the settings of your internet browser. (Provide links for cookie settings for major internet browsers).

Links to Other Websites

 

Our website contains links that lead to other websites. If you click on these links [name] is not held responsible for your data and privacy protection. Visiting those websites is not governed by this privacy policy agreement. Make sure to read the privacy policy documentation of the website you go to from our website.

Restricting the Collection of your Personal Data

 

At some point, you might wish to restrict the use and collection of your personal data. You can achieve this by doing the following: When you are filling the forms on the website, make sure to check if there is a box which you can leave unchecked, if you don't want to disclose your personal information. If you have already agreed to share your information with us, feel free to contact us via email and we will be more than happy to change this for you. [name] will not lease, sell or distribute your personal information to any third parties, unless we have your permission. We might do so if the law forces us. Your personal information will be used when we need to send you promotional materials if you agree to this privacy policy.

Wholesale Inquiries

 

BUYER TERMS AND CONDITIONS ACCEPTANCE:

Ethereal Company - Lifestyle Motivational; Brand (herein after “ECLMB" and/or "Seller") acceptance of your (the “Buyer”) application and wholesale orders is expressly made conditional on Buyer's agreement to these terms and conditions. The terms and conditions set forth on this wholesale/buyer application, order confirmation and/or invoice will govern ALL transactions between the Buyer and the Seller. Seller specifically rejects any terms or provisions which set any standards, specifications or damages related to quality and time of delivery or which contradict or purportedly claim to supersede these terms and conditions. 

By requesting ECLMB to supply Goods to you, you acknowledge and agree (or you are deemed to acknowledge and agree) to these Wholesale Terms and Conditions.

 

1. MINIMUMS

Opening order/Reorder: $299.00 CAD**

Sizes: For clothing/accessories, three different sizes in the same color and trim must be ordered for any chosen style. Sizes need not be consecutive.

Quantity: A minimum quantity of 6 pieces in the same color/trim for any chosen style must be ordered.

**Before shipping costs

 

2. PAYMENT & ORDER TRANSACTIONS
 

2.1 Unless otherwise agreed to in writing, payment for the Goods shall be made at the time the order is placed via Buyer’s credit card on file.

2.2 ECLMB may refuse to accept or cancel any order or delivery of Goods at any time by giving written notice to Buyer.  ECLMB shall not be liable for any loss or damage whatsoever arising from such cancellation. At the discretion of ECLMB, a credit memo and/or refund- in this instance only, will be processed.

2.3 Once you submit an order, it cannot be cancelled by you. All sales are final. 

2.4 Any variation to any order must be agreed to in writing. The total price may alter as a result of any variation and Buyer agrees to pay any increase. 

2.5 Restocking fees: Seller reserves the right to charge restocking fees. Buyer shall be charged a 20% restocking/cancellation fee. Restocking fees will be charged to your credit card on file at the time of the transaction.

2.6 No refunds will be processed. When applicable, a credit memo will be issued to be used towards a future order or invoice.

2.7 Ownership of the Goods shall pass to you upon payment in full of the purchase price for the Goods.

 

3. DUTIES/TAXES/FEES

3.1 All export and import documentation, licenses, duties, taxes or other obligations or costs relating to the delivery of the Goods shall be the Buyer’s responsibility.

4. SALE OF GOODS & MSRP

4.1 You acknowledge that you are acquiring the Goods for the purposes of trade or business only.

4.2 Any resale of ECLMB products on public forums such as Amazon.com , Ebay.com or Zulily.com are expressly prohibited. ECLMB shall have sole discretion to determine what public forums, if any, are eligible for Buyer resale. 

4.3 The Goods must be sold at the recommended retail price (as notified to you by ECLMB) unless the Goods are advertised as being “on sale” or the equivalent.

 

6. SHIPPING AND RISKS

6.1 For orders within Canada:  

Unless otherwise agreed to in writing, ECLMB shall arrange delivery of the Goods to you and you will be responsible for the costs associated with delivery. Orders will be shipped via Canada Post, FedEx, UPS or USPS. While the delivery service utilized by ECLMB may include insurance for the Goods during transit, ECLMB makes no representations and gives no warranties in respect to such insurance and you will be responsible for obtaining any specific insurance you require in respect of the Goods during transit. Risk in respect of the Goods shall pass to you when the Goods are delivered to the carrier. 

Free shipping promotions and/or discount coupons for regular retail customers do not apply to Wholesale orders.

6.2 For International orders:   

Unless otherwise agreed to in writing, you shall be responsible for the cost of transportation of the Goods from the premises of ECLMB. Risk in respect of the Goods shall pass to you when the Goods are made available to the delivery carrier. You are responsible for obtaining insurance in respect of the Goods from the time they are made available at the place of delivery (carrier).

 

7. NOTICE OF DEFECTS/RETURNS

7.1 The Buyer must make any claims of defects, including but not limited to those related to shortages, quality, or specification, within the first 7 days after receiving the Goods. The Seller cannot be responsible for shortages when shipments are directed to a third party. It is the responsibility of the Buyer to inspect upon receipt, that all Goods delivered matches the items ordered / invoiced.

7.2 If a part of the order is delayed or if part of the order is defective or deficient, the order may only be remedied for that part of the order.

 

8. ACCEPTANCE OF GOODS WITH KNOWN DEFECTS  WAIVES CLAIMS FOR DAMAGES

8.1 Buyer hereby waives any claim for damages resulting from any defect Buyer is aware of, including late delivery, at the time Buyer accepts the merchandise.

 

9. RETURNS

9.1 It is the responsibility of the Buyer to inspect upon receipt, that all merchandise delivered reflects exactly the items purchased and invoiced (See item #7 for Notice of Defects). 

9.2 Purchases made by Buyer through ECLMB Wholesale are ineligible for return. Under certain conditions, exchanges may be made for unsatisfactory merchandise that is unused and in original packaging with all tags attached. Whether or not items are eligible for exchange is at the sole discretion of Lucy Lue Organics. All exchanges must be initiated within 7 days of receipt of goods. 

9.3 In the event of an exchange of merchandise, the Buyer is responsible for all shipping fees, both in shipping product back to Seller as well as the shipping of the new product to the Buyer. Buyer authorizes Seller to sell any garments that have been exchanged, rejected, or abandoned.

 

10. MODIFICATION OF GOODS

10.1 If you modify the goods, they are immediately ineligible for return or exchange. Once merchandise is printed, garment dyed, washed or altered in anyway, the Buyer cannot return or make a claim relating to such merchandise. The Seller is not responsible for fallout or loss during the garment dye process.

 

11. SAMPLES AND IMAGES

11.1 Unless otherwise expressed in writing, ECLMB does not warrant that the quality, weight, designs or color of the Goods corresponds to any specific description, image or sample.

 

12. INTELLECTUAL PROPERTY

12.1 You undertake to use the Brand Name and, if required by Lucy Lue Organics, Logo when advertising Goods supplied by ECLMB and anywhere where the Goods are described or named including on websites, labels and invoices.

12.2 ECLMB grants you a personal, non-exclusive, non-transferable, and non-assignable license to use the ECLMB Brand Name and, if applicable, Logo for the purposes mentioned above in this section.

12.3 You must not use or permit the use of the Brand Name or Logo in any manner that would be detrimental to or inconsistent with the good name, good will, reputation and image associated with the Intellectual Property of ECLMB.

12.4 The license in clause 12.2 may be revoked by ECLMB by written notice to you.

 

13. LIABILITY

13.1 LECLMB shall not be liable:

  1. where you have altered or modified the Goods, misapplied the Goods, not followed ECLMB’ instructions in respect to the Goods or have subjected them to unusual or non-recommended use or handling;

  2. for defects in any Goods manufactured by any Third Party;

  3. for loss or damages caused wholly or partly by any factors beyond our control, including, without limitation, any loss resulting from a delay in production or supply of the Goods;

  4. for any indirect or consequential loss of any kind

 

14. EXCLUSION OF IMPLIED WARRANTIES

14.1 ECLMB shall to the extent permitted by applicable laws, and in respect of any legal basis for a claim NOT BE RESPONSIBLE for any product liability or for any direct or indirect business interruption loss, consequential loss, loss of profit, or any other loss whatsoever. There are no implied warranties of merchantability and fitness applying to the Goods sold by Seller. In any event, the maximum liability shall be equal to repayment by ECLMB to the Buyer of the payment made for the delayed or defective part of the order.

 

15. DETERIORATION OF BUYER'S CREDIT

15.1 The Seller has the right, in addition to other Remedies provided by law, to terminate any delivery or suspend further deliveries of other shipments in the event the Buyer fails to pay for any one shipment when the same becomes due. Should the Buyer's financial condition become unsatisfactory to the Seller, the Seller may require cash payments or satisfactory securities for delivery of goods.

15.2 ECLMB may terminate this agreement with immediate effect by giving written notice to you if:

  1. you have failed to comply with a written notice given by ECLMB specifying a breach of the agreement and requiring you to remedy it within 14 days; or

  2. being an individual, you are made bankrupt; or

  3. being a company, you are placed in liquidation or receivership.

On termination, ECLMB shall have the right to deal with the Goods at its absolute discretion.

 

16. JURISDICTION

16.1 Any transactions between the Buyer and the Seller are governed by the laws of Georgia. To the extent that any court proceedings are commenced, the Buyer and any Guarantor hereby consent to the jurisdiction of the courts of Alpharetta, Georgia, for any claims or controversies arising in the sale of garments by the Seller to the Buyer. The Seller also reserves the right to sue the Buyer or its Guarantor in the province or state of its domicile. However, the foregoing shall not in any way diminish or limit the arbitration provisions set forth below.

 

17. ARBITRATION

17.1 AGREEMENT TO BINDING ARBITRATION 

ECLMB and Buyer agree that upon the demand of either party, any claim or dispute between ECLMB and Buyer and/or any of either parties' parent corporation's, successor entities, present and/or former subsidiaries, divisions, and affiliated entities, as well as each of their present and/or former shareholders, directors, officers, employees, attorneys, agents, contractors and representatives ("Agents"), shall be determined by binding arbitration as set forth in this Agreement. ECLMB and Buyer hereby covenant not to file a lawsuit against each other in contravention of this Agreement. The parties shall be entitled to all of the same remedies as those available for comparable actions in courts. The parties shall be entitled to be represented by independent counsel of their choosing.

17.2 KNOWING AND VOLUNTARY CONSENT TO BINDING ARBITRATION AND WAIVER OF RIGHT TO JURY TRIAL

ECLMB and Buyer hereby acknowledge that they have read and understand the terms of this Arbitration Agreement, and are voluntarily agreeing to its terms. ECLMB and Buyer also understand that by using binding arbitration to resolve disputes, they will be giving up any right they may have to a judge or jury trial.

17.3 COSTS OF ARBITRATION

The Parties shall each bear their own costs and attorney's' fees in any arbitration proceeding, provided however, that the arbitrator shall have the authority to require either party to pay the costs and attorney's' fees of the other party during the arbitration, as is permitted under federal or state law, as a part of any remedy that may be ordered.

 

18. AMENDMENTS

18.1 These terms and conditions may be amended or replaced from time to time by ECLMB. Any order placed after such amendment is made will represent an agreement by you to be bound by the amended terms and conditions.

 

AGREEMENT AND ACKNOWLEDGEMENT

Buyer(s) have carefully read and agree to these Terms and Conditions. If any term, provision, covenant or condition of this agreement is held by a court of competent jurisdiction or an arbitrator to be invalid, void, or unenforceable, the remaining terms and provisions of this agreement will remain in full force and effect and shall in no way be affected, impaired, or invalidated.

 

Payment Methods

• Credit / Debit Cards
• PAYPAL​

• Apple Pay