Terms of service
OVERVIEW
Welcome to our shared online store! Throughout this site, the terms “we”, “us” and “our” refer collectively to Esmé & Evee and South End Vintage Market.
We operate this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Our Services are powered by Shopify, which enables us to provide the platform to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services. Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. To use the Services, including purchasing products from Esmé & Evee or South End Vintage Market, you may be asked to provide certain information (email, billing, shipping). You represent that all information provided is correct and complete. You are solely responsible for maintaining the security of your account credentials.
SECTION 2 - OUR PRODUCTS
We strive for accuracy in our online stores. However, colors and product appearance may differ depending on your device settings. We do not warrant that the quality of any products or services purchased—whether from the Esmé & Evee collection or the South End Vintage Market inventory—will meet your expectations exactly as depicted. Descriptions and pricing are subject to change without notice at our sole discretion.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order for any reason. Your order is not accepted until we confirm acceptance. Please review your order carefully; we may be unable to accommodate cancellations once an order is processed. Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
SECTION 4 - PRICES AND BILLING
Prices for items from either brand are subject to change without notice. Posted prices do not include taxes, shipping, or customs charges unless stated. You agree to provide current, complete, and accurate purchase and account information so that we can complete your transactions and contact you as needed.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. Once we transfer products (from either Esmé & Evee or South End Vintage Market) to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including trademarks, brands (Esmé & Evee and South End Vintage Market), text, images, and designs, are owned by us, our affiliates, or licensors and are protected by intellectual property laws. You may use the Services for personal, non-commercial use only. Our names, logos, and slogans are trademarks that may not be used without prior written permission.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools (e.g., Shopify apps) "as is" without warranties. Use of these tools is at your own risk.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for the content, accuracy, or privacy practices of these external sites.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Our store is powered by Shopify. However, any sales and purchases are made directly with Esmé & Evee and/or South End Vintage Market. You acknowledge that Shopify is not responsible for any aspect of the sales, injuries, or losses resulting from products purchased through the Services.
SECTION 10 - PRIVACY POLICY
All personal information collected is subject to our Privacy Policy. By using the Services, you acknowledge the data collection practices described therein and in Shopify’s Privacy Policy.
SECTION 11 - FEEDBACK
If you submit reviews or suggestions ("Feedback"), you grant us a perpetual, royalty-free license to use that Feedback for any purpose, including marketing for both Esmé & Evee and South End Vintage Market.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
We reserve the right to correct any typographical errors or inaccuracies related to product descriptions or pricing and to cancel orders if information is inaccurate, even after an order has been submitted.
SECTION 13 - PROHIBITED USES
You may not use the Services for any unlawful purpose, to infringe on intellectual property, to harass others, or to transmit malicious code. We reserve the right to terminate your access for any prohibited use.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services at any time without notice. Provisions regarding Intellectual Property, Liability, and Indemnification survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE SERVICE.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL ESMÉ & EVEE, SOUTH END VINTAGE MARKET, OR OUR RESPECTIVE OFFICERS AND EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THEREIN.
SECTION 17 - INDEMNIFICATION
You agree to indemnify and hold harmless Esmé & Evee, South End Vintage Market, and Shopify from any claims or demands made by any third party due to your breach of these Terms or your violation of any law.
SECTION 18 - SEVERABILITY
If any provision of these Terms is determined to be unenforceable, the remaining provisions shall remain in full force and effect.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right does not constitute a waiver. These Terms constitute the entire agreement between you and us regarding your use of the Services.
SECTION 20 - ASSIGNMENT
We may assign or delegate our rights and obligations under these Terms without notice to you.
SECTION 21 - GOVERNING LAW
These Terms shall be governed by the laws of the jurisdiction where our headquarters are located. You consent to the exclusive jurisdiction of the courts in that location.
SECTION 22 - HEADINGS
Headings are for convenience only and do not affect the interpretation of these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
We reserve the right to update these Terms at any time. Your continued use of the website following changes constitutes acceptance of the new Terms.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at esmeandevee@gmail.com.
Last updated: January 22, 2025