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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Chelsea's of New York, LLC. The collective work includes works that are licensed to Chelsea's of New York, LLC. Copyright 2004-2013, Chelsea's of New York, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Chelsea's of New York, LLC or purchasing Chelsea's of New York, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Chelsea's of New York, LLC or to purchase Chelsea's of New York, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Chelsea's of New York, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Chelsea's of New York, LLC used in the site are trademarks or registered trademarks of Chelsea's of New York, LLC


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Chelsea's of New York, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Chelsea's of New York, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Chelsea's of New York, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Chelsea's of New York, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Chelsea's of New York, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Chelsea's of New York, LLC product is mistakenly listed at an incorrect price, Chelsea's of New York, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Chelsea's of New York, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Chelsea's of New York, LLC shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Chelsea's of New York, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Chelsea's of New York, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Chelsea's of New York, LLC.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Pennsylvania, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Chelsea's of New York, LLC products) shall be in the state or federal courts located in Allegheny County, Pennsylvania. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Chelsea's of New York, LLC products) must be commenced within one (1) year after the claim or cause of action arises. Chelsea's of New York, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Chelsea's of New York, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Chelsea's of New York, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Chelsea's of New York, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Chelsea's of New York, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Chelsea's of New York, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Chelsea's of New York, LLC in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Chelsea's of New York, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Chelsea's of New York, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Chelsea's of New York, LLC, Chelsea's of New York, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Chelsea's of New York, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Chelsea's of New York, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


Return Processing
Please allow up to 30 business days from the time we receive your return to receive your refund.


Payment Terms
Orders: An order is not binding upon Chelseasofnewyork.com until it is accepted; Chelseasofnewyork.com must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with Chelseasofnewyork.com. Customer understands that Chelseasofnewyork.com is a division of Chelsea and Company and their credit/Debit card will be billed, packaging for shipping will be marked as from Chelsea and Company. You agree to pay the amount(s) due as specified on the invoice. Gift certificates expire within one year from the date of purchase. No refunds or cancellations on the purchase of gift certificates. Chelsea's of New York gift certificates are good for merchandise from our site only, no refunds will be given for unused, lost, or stolen gift certificates.
 
 
New Re-stocking Fees for Returns
As of Sunday, April 19, 2009, Chelsea's of New York started charging a re-stocking fee for returns on long gowns, short dresses and costumes that are custom made or "made at the time of order". 


As of Friday, December 4, 2009 re-stocking fees have changed based on the cost of the returned item. This new fee schedule only affects orders placed after December 4, 2009. Made to order items with a price up to $75 will be charged a re-stocking fee of $35. Made to order items $75.01 to $99.99 will be charged a re-stocking fee of $45. Made to order items $100 and over will be charged a re-stocking fee of $60.
 

These "made to order" items can be identified with the following letters in the item number: "P", "SS", "HG", "MH", "KC", or "BO". This fee is for each "made to order" item returned. No exceptions. Return must be unworn, and also adhere to our return guidelines posted on our "Return Policy" page. In addition, also as of April 19, 2009, Chelsea's will charge a re-stocking fee of 20% of each returned item when returning 3 or more items. Unfortunately, this new policy is due to customer abuse of our lenient return policy.
 
 
Special Costume Return Policy
Halloween costumes purchased between October 17, 2012 through October 31, 2012 are FINAL SALE. No returns or exchanges of any Halloween related item or costume after October 16, 2012. No exceptions. Costumes will be thoroughly checked for defects before shipment. In the unlikely event that a customer receives a defective costume during this time period, we will exchange it for the exact same item and size only. Our normal return policy for Halloween costumes resumes on November 1, 2012. Christmas and Holiday Theme costumes are final sale after 12/09/12.
 

There is a 2-3 day processing time for "in-stock" items, before your order ships, due to the Halloween costume rush.
 
 
Costumes are thoroughly checked before shipping for defects. If a defect is present, we will exchange the costume for the same costume and size only, no refunds. If the costume has sold out and is not available, a merchandise credit will be issued, refunds will not be given for costume or costume accessories purchased after 10/16/12.