Terms and Conditions

Terms and Conditions

TERMS AND CONDITIONS

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

 

THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND PROHIBITS CLASS ACTION CLAIMS, UNLESS OTHERWISE SPECIFIED HEREIN, INCLUDING IN THE EVENT THAT YOU CHOOSE TO OPT-OUT. ARBITRATION MEANS YOU WAIVE YOUR RIGHT TO A JURY TRIAL. FOR MORE DETAILS ON THESE MATTERS, AND HOW YOU CAN OPT-OUT OF ARBITRATION, SEE THE SECTION TITLED “DISPUTE RESOLUTION” BELOW.

These Terms and Conditions (“Terms”) constitute an agreement between you the (“User, “you,” or “your”) and JOSIE ACCESSORIES INC DBA ELRENE HOME FASHIONS (“Elrene Home Fashions,” “we,” “our,” or “us”) concerning your use of our website https://www.elrene.com/ (the “Website”), the information, content, services, pictures, documents, and tools available via the Website (collectively, the “Services”), and the purchase, shipping and delivery, return and refund, and use of any products offered through the Website (the “Products”).

Elrene Home Fashions agrees to provide the Website, Services, and Products to you only under these Terms. If you do not agree with these Terms, you cannot use the Website, Services, or Products. For the avoidance of doubt, in the event of any conflict or inconsistency between these Terms and any other provisions, terms, or agreements between you and Elrene Home Fashions, these Terms shall prevail. Please feel free to contact us with any questions regarding the content of this agreement.

1. MODIFICATIONS

You and Elrene Home Fashions agree that we may modify these Terms. To the extent permitted by applicable law, you agree that any modifications will take effect immediately upon posting on the Website. You can review the most current version of the Terms at any time on this page.

2. USAGE

You will use this Website in a manner consistent with any and all applicable laws, legislation, rules, and regulations. If you violate any restrictions in these Terms, you agree to indemnify Elrene Home Fashions for any losses, costs, or damages, including reasonable legal fees, incurred by Elrene Home Fashions in relation to, or arising out of, such a breach.

3. ABOUT ELRENE HOME FASHIONS

Elrene Home Fashions is a corporation carrying on its business operations in New York, New York, in the United States of America. Elrene Home Fashions runs an E-commerce store that offers home décor items. To effectively provide these services to you, Elrene Home Fashions has created the Website.  

4. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS

The Website may provide links to external Internet sites. Elrene Home Fashions hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. Elrene Home Fashions shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites. 

5. INFORMATION ON THE WEBSITE

The information on the Website is for general information purposes only and does not constitute advice. Even though Elrene Home Fashions has composed its Website with care, the Services, information, texts, documents, graphics, and/or other services/information on it may contain errors or be otherwise incorrect or incomplete. Elrene Home Fashions does not guarantee that the Website and/or the information is free of errors, defects, malware and viruses or that the Website and/or information is correct, up to date and accurate. 

To the maximum extent permitted under applicable law, Elrene Home Fashions shall not be liable for any damages resulting from the use or inability to use the Website or Services, including damages caused by malware, viruses, or any incorrectness or incompleteness of information on the Website, unless such damage is the result of any willful misconduct or from gross negligence on the part of Elrene Home Fashions.

Elrene Home Fashions shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Website, including, but not limited to, damages resulting from failure or delay in delivery of electronic communications, interception, or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

6. INTELLECTUAL PROPERTY

All brand names, logo, product names, and titles used on the Website are trademarks or trade names of Elrene Home Fashions or third-party trade mark or trade name holders. You are not allowed to use or reproduce any such trademarks, logo, or trade names as this may constitute an infringement of the holder’s rights.

The rights in the Website design, texts, documents, movies, music, and/or other services and the selection and arrangement thereof, and all software compilations, underlying source codes, software, and all other material on this Website are owned by or licensed to Elrene Home Fashions and/or its suppliers and subcontractors.

You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of subscribing to any service with us, or for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this Website, including reproduction for purposes other than the ones mentioned above, modification, distribution, or republication. Should you wish to use materials or information from this Website, you need our prior written approval to do so.

7. DATA PRIVACY

Elrene Home Fashions collects and processes your personal data according to our Privacy Policy ( https://www.elrene.com/pages/privacy-policy?srsltid=AfmBOorHD6tLtrbTOL7uz9kjrlol_JPJp3iP9p1lg1dSdqZvBRdA2L-W) and Cookie Policy (https://www.elrene.com/pages/cookie-policy?srsltid=AfmBOooh3AUInpup_kDXlZU_DAScC41Wdu_VWYqxeuxMz_rNlIWRlQJw). By accessing the Website, you confirm you have read and understand our Privacy Policy and Cookie Policy, which also govern your use of our Website, Services, and Products.

8. UNSOLICITED IDEAS

In the event you post unsolicited ideas and/or materials whether consisting of texts, images, sounds, software, information, or otherwise (“Materials”) on this Website or send these to Elrene Home Fashions by e-mail or otherwise, you grant us an irrevocable, free of charge, non-exclusive, and worldwide right to use, copy, adapt, modify, publish, and/or commercially exploit such Materials to the fullest extent in whatever form and via all media known and to date unknown for the duration of the intellectual property rights in the Materials and we shall not be bound by any confidentiality obligation in respect of such Materials.

To the maximum extent permitted under applicable law, you hereby indemnify and hold Elrene Home Fashions harmless from and against all actions, claims, and liabilities, suffered, incurred, or sustained by us as a result of the use and/or exploitation of the Materials infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.

9. ACCOUNT

You can access the Website either as a guest or by registering an account with us. In order to get your ordered product, you will be required to create an account with us (“Account”), and you may be subject to additional contractual terms and conditions applicable to your use and creation of an Account (“Additional Terms”), which Additional Terms will be accessible to you on the Website or presented to you as Additional Terms when you sign up for or access such Account. Any such Additional Terms shall be incorporated into and form a part of these Terms. Your Account is for your individual, personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities, or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.

10. PAYMENT, PRICING & SHIPPING

(a)          Payment and billing information.

Payments for the purchase of any Product can be done with the use of PayPal, Stripe, and Credit cards - Visa, MasterCard, American Express, Discover, JCB, Diners Club, Elo, Shop Pay, Apple Pay, Google Pay, and Amazon Pay. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for all charges you incur for the purchase of any subscriptions or other Products (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your Elrene Home Fashions Account, you can do so at any time by logging into your Account and editing your payment information.

 (b)         Pricing and availability. 

All prices shown via the Website and Services are in United States Dollars. Any applicable taxes and other charges, if any, are additional. We reserve the right to change our subscription and other Product offerings, and to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your then-current subscription(s), we will provide advance notice of such changes via one of the means described in these Terms. We will not, however, be able to notify you of changes in any applicable taxes prior to such changes becoming effective. The shipment of Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policy set forth in these Terms.

(c)          Taxes. 

We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

(d)          Shipping and handling

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. We reserve the right to use any shipping couriers as needed. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export.

Due to factors outside our control, you may experience  shipping delays. We thank you for your patience and loyalty. 

All of our Products are shipped to you from the US via a secure, tracked shipping method. Please note that we do not ship to P.O. boxes. Please provide a physical address.

Elrene Home Fashions ships to the following countries:

Country	Delivery Time
United States	2-7 business days
Canada	2-10 business days

We only ship on business days (Monday through Friday). Orders placed on Saturday and Sunday will be processed the following business day.

(e)          Deliveries

As a general rule, delivery time is 2 to 5 working days after shipping the Order.  However, this timeframe may be extended due to unforeseen events or external factors that may affect shipping and logistics. We will not be liable to you in a situation where delivery of your Products to you takes longer than expected.

If the delivered products have obvious material or production defects, including damage caused by transport, please notify us of such defects immediately by email or phone. Not doing so will not affect your legal rights.

You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. You should always inspect your delivery to confirm that they arrive in a good condition and in the design that you have provided us to build for you.

11. ORDERING

Orders can be placed 24 hours a day, seven days a week via our Website. You will be notified via your registered email when your Order is about to be shipped to you, along with tracking information. There will be no other contact to you unless it is initiated by the customer.

12. PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Website and Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website and Services or any related website for violating any of the prohibited uses.

13. PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy (https://www.elrene.com/pages/returns-1?srsltid=AfmBOorEQ_LiHZLA9jkC0lN5kZLo_oKo18vJs1p9SSLJrb9TECJE820e), which also governs your use of our Website, Services, and Products.

We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on this Website is void where prohibited.

We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

14. YOUR TOTAL PRICE

The total price specified in the final checkout screen includes tax and shipping costs. This price will be recorded in the Order Confirmation. If paying by credit card, the total amount for your entire order will be reflected on your bank statement.

15. PRICE CHANGES

The prices of the Products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which we have confirmed in the Order Confirmation.

16. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless ELRENE HOME FASHIONS AND ITS suppliers, vendors, contractors, retailers, and licensors (collectively, the “elrene home fashions Entities”), and their respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns, from AND AGAINST all claims, actions, demands, losses, liabilities, settlements, and expenses of every kind and nature, known and unknown, including without limitation, reasonable legal and accounting fees, made against the ELRENE HOME FASHION Entities by any third party due to, resulting from, or alleged to result from (a) your use or misuse of the Website, Services, or Products, (b) any feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Website, Services, or Products provided to you, and (f) any user content you create, post, share, or store on or through the Website, Services, or our pages or feeds on third party social media platforms. You agree to promptly notify the ELRENE HOME FASHIONS entities of any third-party claims and cooperate with the ELRENE HOME FASHIONS entities in defending such claims. You further agree that the ELRENE HOME FASHIONS entities shall have control of the defense or settlement of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and ELRENE HOME FASHIONS. 

17. DISCLAIMERS AND LIMITATION OF LIABILITY

Your access to and use of the Website, Services, and Products are at YOUR OWN RISK. You understand and agree that the Website, Services, and Products are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the ELRENE HOME FASHIONS ENTITIES and their respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED—whether by law, course of dealing, course of performance, usage of trade, or otherwise—INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, TITLE, OR FITNESS FOR ANY PARTICULAR PURPOSE.

THE ELRENE HOME FASHIONS ENTITIES and their respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Website and Services; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website or Services; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Website and Services; and (iv) whether the Website and Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the ELRENE HOME FASHIONS Entities or through the Website or Services, will create any warranty not expressly made herein.

The WEBSITE OR Services may contain links to third-party websites or resources. You acknowledge and agree that the ELRENE HOME FASHIONS ENTITIES are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by THE ELRENE HOME FASHIONS ENTITIES of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ELRENE HOME FASHIONS ENTITIES and their respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE website or SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE website or SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE website or SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ELRENE HOME FASHIONS ENTITIES EXCEED ZERO DOLLARS (U.S. $0.00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE ELRENE HOME FASHIONS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

We reserve the right to change any and all Services and content and to modify, suspend or stop providing access to the Website (or any features or functionality of the Website) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, and vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.

18. TIME LIMITATION FOR CLAIMS

ANY CLAIMS RELATING IN ANY WAY TO THESE TERMS, THE WEBSITE, SERVICES, OR PRODUCTS MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE EVENTS FIRST GIVING RISE TO THE CLAIMS OR THE SHORTEST DURATION PERMITTED UNDER APPLICABLE LAW IF SUCH PERIOD IS GREATER THAN ONE (1) YEAR. IF NOT COMMENCED WITHIN THE APPLICABLE PERIOD, YOU AND ELRENE HOME FASHIONS ARE PERMANENTLY BARRED FROM PURSUING THAT CLAIM.

19. DISPUTE RESOLUTION

PLEASE READ THE “AGREEMENT TO ARBITRATE” AND “CLASS ACTION WAIVER” SECTIONS BELOW CAREFULLY.

 

Agreement to Arbitrate

 

Arbitration is the referral of a dispute to one or more individuals who will review the dispute and make a final and binding determination to resolve the dispute instead of having the dispute decided by a judge or jury in court. YOU AND ELRENE HOME FASHIONS EACH AGREE THAT ANY AND ALL DISPUTES, CLAIMS, CONTROVERSIES, OR ACTIONS BETWEEN YOU AND THE ELRENE HOME FASHIONS ENTITIES THAT ARISE OUT OF, RELATE TO, OR ARE CONNECTED IN ANY WAY WITH THE WEBSITE, SERVICES, PRODUCTS, THESE TERMS, OR ANY OTHER TRANSACTION OR INTERACTION, WHETHER OCCURRING IN THE PAST, PRESENT, OR FUTURE, INVOLVING YOU AND THE ELRENE HOME FASHIONS ENTITIES (“CLAIMS”) SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS.   

 

This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

 

This Agreement to Arbitrate does not apply to actions by Elrene Home Fashions for intellectual property claims, including by way of example, trade secret misappropriation, patent infringement, copyright infringement or misuse, and/or trademark infringement or dilution.

 

Class ACTION Waiver.

 

Except as otherwise provided IN these Terms, You and ELRENE HOME FASHIONS agree that ALL claims may be brought only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS OR CLASS ARBITRATIONS. Accordingly, except as provided by these Terms, or unless You and ELRENE HOME FASHIONS consent in writing, the arbitrator shall not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, EXCEPT AS PROVIDED IN THESE TERMS, the arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded or decision made cannot affect other ELRENE HOME FASHIONS customers. 

 

Pre-Arbitration Notice.

 

In the event of a dispute or claim (the “Action”), you or Elrene Home Fashions must first send to the other party a notice of the Action that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Action, and the relief requested. The notice to Elrene Home Fashions must be addressed to info@elrene.com or 30 N. Franklin Ave., PO Box 124, Ho Ho Kus, NJ 07423. The notice from Elrene Home Fashions to you will be sent by certified mail to the most recent address we have on file for you, or via email. If Elrene Home Fashions and you do not resolve the Action within sixty (60) calendar days after the notice of the Action is received, you or Elrene Home Fashions may commence an arbitration proceeding pursuant to this section. Each party agrees to act in good faith to resolve the Action before commencing arbitration.    

   

Procedure.  

 

Arbitration shall be administered by the American Arbitration Association (“AAA”) and be governed by the AAA Commercial Arbitration Rules (“AAA Rules”). If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. Any Action shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, except that the arbitrator shall not award punitive damages to either party. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

 

Arbitration Fees.

 

Payment of all AAA or arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in these Terms. If the value of the relief sought is $10,000 or less, at your request, Elrene Home Fashions will pay all AAA or arbitrator fees associated with the arbitration. Any request for payment of fees by Elrene Home Fashions should be submitted by mail to the AAA along with your Demand for Arbitration and Elrene Home Fashions will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Elrene Home Fashions will pay as much of the AAA or arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration from being prohibitive. If the arbitrator determines that the substance of either your or Elrene Home Fashions’s claim, or the relief sought, was frivolous or brought for an improper purpose, the responsible party must reimburse the other for any fees paid, including attorneys’ fees, to the extent permitted by the AAA’s rules and applicable law.    

 

Mass Filing.

 

In the event of a Mass Arbitration, as that term is defined by the AAA Mass Arbitration Supplementary Rules, You agree to application of the AAA Mass Arbitration Supplementary Rules and Consumer Mass Arbitration and Mediation Fee Schedule then in effect and currently available at https://www.adr.org/mass-arbitration. 

 

Hearing Format.

 

The arbitration shall occur in one of the following locations: (i) your county of residence; (ii) New York County; (iii) virtually; or (iv) as mutually agreed upon between you and Elrene Home Fashions. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. If the Mass Filing process described above is triggered, then the location of any hearing will be determined by the arbitrator.

 

Small Claims Court.  

 

Notwithstanding the foregoing, you may bring an individual action in the small claims court of your county of residence or New York County, if the action is within that court’s jurisdiction and is pending only in that court.

 

Opt-Out.

 

You may elect to opt-out from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in these Terms by sending a letter to Elrene Home Fashions at info@elrene.com or 30 N. Franklin Ave., PO Box 124, Ho Ho Kus, NJ 07423, postmarked or time-stamped within thirty (30) calendar days of your initial agreement to these Terms (including your first use of the Services) that specifies: (1) your name; (2) your mailing address; and (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in these Terms. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.  

 

Severability.

 

If any provision in this “Dispute Resolution” section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire “Dispute Resolution” Section shall be null and void. The terms of this section shall otherwise survive any termination of these Terms.

 

20. GOVERNING LAW AND JURISDICTION

These Terms, the Website, Services, and Products shall be governed and interpreted in accordance with the laws of the United States and the State where your purchase is made or where you access the Website, excluding its conflict of laws rules. The parties exclude the application of the Convention on International Sale of Products to these Terms. For any claim or dispute with us relating to the Website, Services, Products, or these Terms not governed by the Agreement to Arbitrate or Small Claims Court provision, you expressly agree that such claim or dispute shall be resolved in the United States District Court for the Southern District of New York, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction does not exist in the United States District Court for the Southern District of New York, then the exclusive forum and venue for any such claim or dispute shall be the courts of the State of New York located in New York County, and you submit to the personal jurisdiction of that court. In the event of any violation of these Terms, Elrene Home Fashions reserves the right to seek all remedies available under law and equity for such violations.

21. NOTICE FOR CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please send an email to info@elrene.com. You may also contact us by writing to Elrene Home Fashions, 30 N. Franklin Ave., PO Box 124, Ho Ho Kus, NJ 07423, or by calling us at 212-889-6376. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

22. SEVERABILITY

Except as otherwise provided in these Terms, in the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity or enforceability of any other remaining provisions.