Terms and Conditions

TERMS AND CONDITIONS

General

This website (the “Website”) is owned, operated, and distributed by Endless Boutique (“Endless Boutique”). BY ACCESSING ANY PART OF THE WEBSITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS DESCRIBED BELOW (THESE "TERMS OF SERVICE") AND THE TERMS AND CONDITIONS OF THE ENDLESS BOUTIQUE PRIVATE POLICY (THE “PRIVACY POLICY”). IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE WEBSITE.

These Terms of Service apply to all users, including users who are simply viewing the Website, users who are purchasing goods through the Website, and users submitting content for inclusion on the Website include, but not limited to, Product Reviews.

You acknowledge that Endless Boutique may terminate your account, remove any data or content that you have provided and/or disable your access to the Website, in whole or part, at any time for any reason or no reason, with or without notice and with no liability of any kind. In addition, Endless Boutique may modify or remove any service or functionality included on the Website at any time, with or without notice and with no liability of any kind.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Endless Boutique without restriction.

Use of the Web Site is only available only to individuals who are at least 13 years old. If you are not 13 years old, you are not authorized to use the Website.

Endless Boutique may, at its sole discretion, modify these Terms of Service at any time. By accessing the Website at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified as of August 13th, 2024.

Transactions on Website

Endless Boutique reserves the right to refuse any order placed on the Website, and may, in its 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 Endless Boutique makes a change to or cancels an order, it will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Endless Boutique reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, or to refuse to service a customer for any reason.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Although we make reasonable efforts to maintain the accuracy, completeness, and usefulness of this information, any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Product Information

The prices displayed on the Website are quoted in U.S. Dollars. Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Endless Boutique reserves the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order). Endless Boutique has made every effort to display as accurately as possible the colors of the products that appear on the Website. However, Endless Boutique cannot guarantee that your computer monitor's display of any color will be accurate.

Links to Other Web Sites and Services

The Website may contain links to other Web sites that are not under the control of Endless Boutique. Endless Boutique has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Websites’ users.

You may link to our Website, provided you do so in a way that is fair and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without Endless Boutique’s prior express written consent.

User Submissions

Content submitted by users of the Web Site for public view is referred to in these Terms of Service as “User Submissions.” For the purposes of these Terms of Service, Product Reviews constitute User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that your User Submissions consist entirely of material and/or information that is owned by you, including, but not limited to, any text, music, recordings, illustrations, photographic images, and videographic clips. You further represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all content included therein), including the right to authorize Endless Boutique to use the User Submissions in the manner contemplated by the Web Site and these Terms of Service. By submitting a User Submission, you represent and warrant that it does not contain any works, material, or information that is owned or controlled by anyone other than you.

When you submit or upload a User Submission, you agree to the following:

all content that you submit is accurate;
your User Submission is original and was created by you as the sole author and owner of the intellectual property rights in the User Submission;
you are not an employee of Endless Boutique nor do you work for an affiliate or agency of Endless Boutique hired by Endless Boutique to promote and/or sell Endless Boutique products;
Endless Boutique's use of the User Submission you upload does not violate the terms of this Agreement and will not cause injury to any person or entity;
your User Submission (or any portion of it) has not been included in nor planned for use in any other advertising or promotional materials, for Endless Boutique or any third party;
you are a resident of the United States;
you are at least eighteen (18) years of age, or at least nineteen (19) if you are from Alabama or Nebraska, or at least twenty-one (21) if you are from Mississippi;
You are not a professional actor hired by Endless Boutique or a third party for the benefit of Endless Boutique and for the purpose of submitting a User Submission;
You are currently a bona fide user of the Endless Boutique product(s) mentioned in your User Submission;
Your User Submission will be made without any prior payment or promise of payment having been made to you or the expectation by you of any payment in return for your proposed User Submission. Your User Submission will also be made without any prior benefit having been made to you or the expectation of any future benefit, except for the possibility of having your User Submission used for Endless Boutique promotional purposes;
To the extent you are or were compensated or granted any consideration, including discounts, free products, or anything else of value (regardless of if monetary), you will clearly disclose such compensation or any other relationship to Endless Boutique in the User Submission;
The statements you make in the User Submission reflect your true and honest opinion of and current experience with the Endless Boutique product(s) which you are reviewing.

You agree that you shall not submit or upload any User Submission that includes or references any one or more of the following:

information known by you to be false, inaccurate, or misleading;
offensive, profane, vulgar, obscene, or inappropriate language or visuals;
defamatory, libelous, or slanderous content;
content which infringes any third party's copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights;
content which violates any law, statute, ordinance, or regulation;
content that engages in, encourages, advocates, or provides instructions for conduct that would constitute a criminal or civil offense under any law, statute, ordinance, or regulation;
material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body;
material or content for which you were compensated or granted any consideration by any third party;
content depicting a health condition in a derogatory or inflammatory way or misrepresenting a health condition in any way;
content or materials in which you impersonate another person or entity;
content or materials intended to create disruption or to mislead others interacting with the Website, such as posting multiple User Submissions in an effort to monopolize the forum or posting a User Submission unrelated to the designated topic or theme of the Website or any portion thereof;
content which includes third party websites, addresses, email addresses, contact information or phone numbers; or
programming or materials containing any Trojan horses, computer viruses, worms, harmful code, or other potentially damaging computer programs or files.

Endless Boutique shall have the right, but not the obligation, to pursue any one or more of the following actions with regard to your User Submission(s) and your interaction with the Website or other User Submission collection methods:

to monitor or review your User Submission;
to remove or refuse to post any User Submission on the Website that it deems, in its sole discretion, to violate the content submission guidelines noted above or any other provision of this Agreement; and
to suspend or terminate your access to the Website as Endless Boutique deems appropriate in the circumstances.

Endless Boutique does not guarantee that you will have any opportunity to edit or delete any User Submission that you have submitted. You acknowledge that you, not Endless Boutique, are responsible for the contents of any User Submission(s). None of the User Submissions that you upload shall be subject to any obligation of confidence on the part of Endless Boutique, its third-party service providers and agents, or their respective directors, officers, and employees.

You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions, you hereby grant Endless Boutique an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers), and transferable license to use, reproduce, distribute, edit, modify, prepare derivative works of, display, and perform the User Submissions (and any edited or modified versions or derivative works) in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Web Site and under these Terms of Service. You also hereby grant to Endless Boutique an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable right to use your name, nickname, user name, biographical information, vocal recordings of you, and/or any illustrations, photographic or videographic clips, portraits, likenesses or pictures of you or any other indicia of your right of publicity rights (collectively "Your Personal Content") as contained in your User Submission(s), in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).

You also agree to waive any applicable moral rights as contained in the User Submissions for any of the proposed uses described above. Without limiting the foregoing, submission of a User Submission constitutes your agreement that Endless Boutique is permitted to display the User Submission online for public viewing and/or comment (whether on Endless Boutique’s Website or on third party web pages), to incorporate the User Submission in online and offline advertising, marketing, promotional, and/or other commercial materials, and to reproduce, adapt, and distribution the User Submission in all media, whether now known or later developed. However, Endless Boutique will have no obligation to post or use any User Submission(s).

By submitting a User Submission, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, Endless Boutique and each of its respective officers, directors, and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such User Submission, including, without limitation, any and all claims for copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation. Without limiting the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain, or interfere with use of the User Submission or Your Personal Content embodied in such Submission or the exploitation of any of Endless Boutique's rights as noted above.

You understand that Endless Boutique is relying upon your representations, grants of rights, waivers, and releases in permitting you to submit a User Submission. You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in these Terms of Service.

Endless Boutique does not endorse any User Submission, or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. Endless Boutique reserves the right to remove any User Submissions without prior notice (or to refuse to publish any User Submission) for any reason, and to terminate or refuse a User's access to its Website for any reason.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Endless Boutique, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other applicable intellectual property or proprietary rights laws.

The Endless Boutique name, the Endless Boutique Emblem, and all related names, logos, product and service names, designs, and slogans are trademarks of Endless Boutique or its affiliates or licensors. You must not use such marks without the prior written permission of Endless Boutique. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Endless Boutique is a provider of an interactive computer service for purposes of 47 U.S.C. section 230. As such, its liability for others' conduct and information is limited as described therein. Further, Endless Boutique is a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act. If you are a copyright owner and believe that any content on Web Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). To provide Endless Boutique notice of an infringement, you must provide a written communication to Endless Boutique, DMCA Infringement Notification or to official@endlessboutique.com that sets forth the information specified by the DMCA (see copyright.gov/title17/92chap5.html#512). You may be liable for damages (including reasonable costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Warranty Disclaimer and Limitation of Liability

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT THE WEB SITE AND ALL CONTENT INCLUDED THEREIN, AND PRODUCTS PURCHASED THEREBY, ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, ENDLESS BOUTIQUE PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, YOUR USE THEREOF AND THE PRODUCTS PURCHASED THEREBY. ENDLESS BOUTIQUE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEB SITE’S CONTENT OR ANY CONTENT ACCESSIBLE VIA THE WEBSITE OR PRODUCTS PURCHASED THEREBY AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEB SITE OR PRODUCTS PURCHASED THEREBY, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF ENDLESS BOUTIQUE’S SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY.

IN NO EVENT SHALL ENDLESS BOUTIQUE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Miscellaneous

You agree that the Web Site shall be deemed a passive service based solely based in New York and shall not give rise to personal jurisdiction over Endless Boutique, either specific or general, in jurisdictions other than New York, except as provided in the Private Policy. These Terms of Service shall be governed by the internal laws of the State of New York, without regard to its conflict of laws principles, except as provided in the Private Policy. Any claim or dispute between you and Endless Boutique that arises in whole or in part from the Web Site shall be subject to the exclusive jurisdiction of the federal and State courts located in New York, New York. These Terms of Service, together with the Private Policy and any other legal notices published by Endless Boutique on the Web Site, constitute the entire agreement between you and Endless Boutique concerning the Web Site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Endless Boutique's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE WEB SITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU BE INSTITUTED MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE.

Most communications between Endless Boutique and you will be sent and received electronically. You agree that all agreements, notices, disclosures, and other electronic communication exchanged between you and Endless Boutique shall satisfy any legal requirements that such communications be in writing.

Return Policy

We accept returns on unused products within 14 days of shipment for orders shipped within the US. However, if something went wrong upon arrival or initial use, please let us know at official@endlessboutique.com.

All US returns are subject to a $5 handling fee. If you are returning items from multiple orders, they must be shipped separately. We do not provide shipping labels for international orders. We do not accept returns or exchanges on final sale items.