Terms of service

Welcome to the Jenna London Website

Welcome to the Jenna London ("Us" or "Our" or "We") Website

– and thank You for visiting. We hope You enjoy the experience!

These Terms of Use (“Terms”) are a legal contract between you (“You”) and Us (collectively, "Everyone") and govern Your use of all the text, data, information, software, graphics, photographs and more (all of which We refer to as “Materials”) that We and Our affiliates may make available to You through our website www.jennalondonofficial.com (“Website”), as well as any services that we provide to You through or in connection with the Website (“Services”). Please refer to our Seller Terms and Conditions of Sale for additional terms that apply to purchases of products made available through our Website and use of our online store which is hosted by Shopify.

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

CHANGES.

We may alter the Materials and Services We offer You and/or choose to modify, suspend or discontinue this Website at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. Because everyone benefits from clarity, We promise to inform You of any modifications to these Terms by posting them on this Website. To be sure We properly reach Your email inbox, We just ask that You let Us know if Your preferred email address changes at any time after Your registration.

If You object to any such modifications, Your sole recourse shall be to cease using this Website. Continued use of this Website following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Website. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

GENERAL USE.

By agreeing to these Terms, you represent that You are at least the age of majority in Your state or province of residence, or that You are the age of majority in Your state or province of residence and You have given us Your consent to allow any of Your minor dependents to use this Website.

We invite You to use this Website for individual, consumer purposes ("Permitted Purposes") – enjoy!

You have no rights in this Website or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any manner. If You make copies of any of this Website while engaging in Permitted Purposes then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on this Website. Unfortunately, if You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed Materials (and any copies thereof).

USING THIS WEBSITE AND THE SERVICES.

We appreciate You visiting this Website and allow You to do just that – stop by and leisurely check it out without even registering with Us!

PAYMENTS.

We may suspend or terminate Your account and/or access to Our Services and this Website if Your payment is late and/or Your offered payment method (e.g., credit card) cannot be processed. By providing a payment method, You expressly authorize Us (or our agent) to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto.

We understand that You might cancel Your account, but please know that We will not provide any refund(s) and You will be responsible for paying any balance due on the account. To make things less complicated, You agree that We may charge any unpaid fees to Your provided payment method and/or send You a bill for such unpaid fees.

We respect the information that You provide to Us, and want to be sure You fully understand exactly how We use that information. So, please review Our Privacy Policy (“Privacy Policy”) which explains everything.

LINKS TO THIRD-PARTY SITES.

We think links are convenient, and We sometimes provide links on this Website to third-party websites. If You use these links, You will leave this Website. We are not obligated to review any third-party websites that You link to from this Website, We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from this Website, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of this Website may allow You to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow You to configure Your privacy settings in that third-party website account to permit Your activities on this Website to be shared with Your contacts in your third-party site account.

UNAUTHORIZED ACTIVITIES.

To be clear, We authorize Your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. This is because as between You and Us, all rights in this Website remain Our property.

Unauthorized use of this Website may result in violation of various United States and international copyright laws. Because We prefer keeping this relationship drama-free, We want to give You examples of things to avoid. So, unless You have written permission from Us stating otherwise, You are not authorized to use this Website in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):

For any public or commercial purpose which includes use of this Website on another site or through a networked computer environment;
In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;
In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
To stalk, harass, or harm another individual;
To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
To interfere with or disrupt this Website or servers or networks connected to this Website;
To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or
Attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.

You agree to hire and pay for attorneys to defend Us if You violate these Terms and that violation results in a problem for Us. You also agree to pay any damages that We may end up having to pay as a result of Your violation. You alone are responsible for any violation of these Terms by You. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification or defense by You and, in such case, You agree to cooperate with Our defense of such claim.

PROPRIETARY RIGHTS.

“Jenna London” is a trademark that belongs to Us. Other trademarks, names and logos on this Website are the property of their respective owners.

Unless otherwise specified in these Terms, all Materials, including the arrangement of them on this Website are Our sole property. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensee.

DISCLAIMER OF WARRANTIES.

THIS WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, We make no warranty that this Website will meet Your requirements or that this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected. We make no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by You through this Website or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

LIMITATION OF LIABILITY.

WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL OUR LIABILITY EXCEED THE GREATER OF $100 AND THE AMOUNTS YOU PAY US FOR USE OF, OR IN CONNECTION WITH, THE WEBSITE.

LOCAL LAWS; EXPORT CONTROL.

We control and operate this Website from Our headquarters in the United States of America and the entirety of this Website may not be appropriate or available for use in other locations. If You use this Website outside the United States of America, You are solely responsible for following applicable local laws.

FEEDBACK.

Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, You hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion. Notwithstanding the foregoing, You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.

Please Read This Provision Carefully. It Affects Your Legal Rights.

This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding.

This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of These Terms constitutes a waiver of Your right to litigate claims and all opportunity to be heard by a judge or jury. We prefer this because We believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute which is first done by <emailing> to Us at ___ the following information: (1)Your name, (2) Your address, (3) A written description of Your Claim, and (4) A description of the specific relief You seek. If We do not resolve the Dispute within 45 days after receiving Your notification, then You may pursue Your Dispute in arbitration. You may pursue Your dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, You or We may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing Us at info@jennalondonofficial.com the following information: (1) Your name; (2) Your address; (3) A clear statement that You do not wish to resolve disputes with Us through arbitration. Either way, We will not take any decision You make personally. In fact, We promise that Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Us. But, We do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration.

Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or We may initiate arbitration in either Illinois or the federal judicial district that includes Your billing address.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both You and We specifically agree to do so in writing following initiation of the arbitration. If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You. Neither You, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

No Judge or Jury in Arbitration

Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms You and We are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, You and We might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

Continuation

This Provision shall survive the termination of Your account with Us or Our affiliates and Your discontinued use of this Website. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any change to this Provision (other than a change to the Notice Address), You may reject any such change and require Us to adhere to the present language in this Provision if a dispute between Us arises.

LANGUAGE.

The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.

GENERAL.

We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We will tell You. We will even provide You with recommended necessary corrective action(s) because We value this relationship.

However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to this Website without prior notice to You. The Federal Arbitration Act, Illinois state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Website will be heard in the courts located in Chicago, Illinois County, Illinois. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about this Website. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

CALIFORNIA CONSUMER NOTICE.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website and Service are provided by Jenna London. If You have purchased anything from Us through the Website or through the Service, a description of what You have purchased and relevant pricing information are posted as part of the ordering process for this Website (please consult Your individual purchase confirmation e-mail for the charges You incurred). If You have a question or complaint regarding the Website or Service, please contact Customer Service at info@jennalondonofficial.com. You may also contact Us by writing to Jenna London at 355 E Ohio St, Ste 200, PO BOX: 11082, Chicago, IL 60611-7223. 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.

If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at info@jennalondonofficial.com.

SELLER TERMS AND CONDITIONS OF SALE

These Seller Terms and Conditions of Sale (“Terms”) shall apply to any sale of Jenna London products (“Products”) purchased through the Jenna London (“Jenna London”) website available at www.jennalondonofficial.com (the “Website”). Customer represents and warrants that Customer has read, understood and agreed to be bound by these Terms, along with the Privacy Policy and the Terms of Use. “Customer” means you individually and any person acting as your agent, under your authority, or with your permission and, if you are accepting these Terms on behalf of a company or other legal entity, that legal entity.

To the extent that any terms or conditions in the Privacy Policy or the Terms of Use are different from, inconsistent with or conflict with these Terms, these Terms shall control, except to the extent that the Privacy Policy or the Terms of Use expressly states that these Terms are to be overridden or modified. Notwithstanding Customer’s agreement to these Terms, Customer acknowledges and agrees that Customer is also bound by the Terms of Use, including the mandatory Arbitration Agreement contained therein, which is expressly incorporated here by reference.

This is a legal agreement. By placing an order on the Website, Customer is accepting and agreeing to these Terms. Customer represents and warrants that Customer has the right, authority, and capacity to accept and agree to these Terms. Customer represents that Customer is of sufficient legal age in Customer’s jurisdiction or residence to purchase and use the Products and to enter into these Terms. If Customer cannot make these representations or does not agree with any of the provisions of these Terms, Customer should not purchase any Products.

Jenna London uses Shopify to provide order processing and fulfillment services for purchases made through the Website. By placing an order through the Website, Customer acknowledges and agrees that Customer’s order and related information will be processed by Shopify, and Customer accepts and agrees to be bound by Shopify’s Terms of Service and acknowledge Shopify’s Privacy Policy. For more information, please review Shopify’s Terms of Service and Shopify’s Privacy Policy.

1. CUSTOMER ORDER.

A Customer’s order constitutes an offer to purchase Products from Jenna London Official (“Jenna London”). Jenna London shall not be deemed to have accepted any order (or any portion thereof) of Customer with respect to any Products until Jenna London dispatches such Products to the carrier for delivery to Customer as provided herein. Jenna London’s acceptance of any order for Products is based upon the express condition that Customer accepts and agrees to be bound by all of these Terms. Customer’s acceptance of delivery of, or payment for, any Products shall constitute Customer’s assent to these Terms. These Terms shall constitute the entire agreement and understanding of Jenna London and Customer with respect to the transactions contemplated hereby, unless as otherwise provided in these Terms or the Terms of Use. These Terms shall control irrespective of any inconsistent or additional terms and conditions, whether printed or otherwise, set forth in any communication from Customer to Jenna London, or which otherwise would be deemed established by any course of dealing, course of performance or usage of trade, unless otherwise provided herein or specifically agreed to in writing as a waiver or modification signed by an officer of Jenna London.

2. ORDER ACKNOWLEDGMENT; INVOICES.

Upon receipt of an order for Products, Jenna London may, at its option, acknowledge such receipt by providing to Customer an acknowledgment (“Order Acknowledgment”). No Order Acknowledgment shall be deemed to constitute Jenna London’s acceptance of such order or any portion thereof; such acceptance shall only occur as provided in Section 1 hereof. To the extent that any terms and conditions set forth in any Order Acknowledgment or in any invoice delivered by Jenna London to Customer in connection with any sale of Products (“Invoice”) are different from, inconsistent with or in addition to these Terms, such terms and conditions, together with those herein which are not different from or inconsistent with those in such Order Acknowledgment or Invoice, shall control and constitute the entire agreement and understanding of the parties with respect to the transactions contemplated thereby.

3. PRODUCT CHANGES.

Jenna London expressly reserves the right, at any time and without notice, to discontinue the production or change the specifications of any Product in its sole discretion and without regard to outstanding orders. Unless the discontinuation results in the unavailability of the Product ordered or the change in specifications is material, no such discontinuation or change in specifications shall affect any order of such Product by Customer.

4. PRICES AND PAYMENT.

Prices and promotions are subject to change. Jenna London strives to communicate accurate pricing and Product information, but errors may occur. In the unlikely event an error impacts Customer’s order, or a Product ordered is no longer available, Jenna London will either contact Customer for instructions or cancel Customer’s order. All orders must be paid in full, including shipping, prior to delivery by Jenna London to the carrier, in cash in United States Dollars. Jenna London reserves the right to suspend delivery and performance until full payment is received.

5. TAXES.

Prices do not include, and Customer shall be solely responsible for paying, any tax or other government charge or assessment upon the sale, shipment, production or use of Products ordered or sold hereunder, unless you provide Jenna London with a valid and correct tax exemption certificate.

6. TITLE AND RISK OF LOSS.

Title to all Products supplied hereunder shall pass to Customer when delivered to the carrier and thereafter, except as otherwise specifically provided herein, all risk of loss and/or damage to any Products ordered hereunder shall be borne by Customer.

7. DELIVERY.

Jenna London shall attempt in good faith to effect delivery approximately in accordance with the instructions set forth in Customer’s order or approximately on such other schedule as Jenna London may provide to the Customer in any Order Acknowledgment or other response to an order, but Jenna London shall not be responsible or liable for any delays or failure in such delivery. Jenna London expressly reserves the right to effect delivery of Products ordered in any number of separate shipments. Subject to Customer’s instructions as to carrier, delivery shall be effected using such modes of transport and such carriers as Jenna London shall deem appropriate. During any period of shortage of any Product, Jenna London shall have the right to allocate its supply of such Product among its customers, including Customer, pursuant to their respective orders and contracts in any manner Jenna London deems appropriate. Jenna London shall in no event be responsible or liable for any delay or failure to effect delivery due to any cause which is unavoidable or beyond Jenna London’s reasonable control and which prevents, impairs or adversely affects in any way Jenna London’s performance under any order, including but not limited to war, fire, flood, natural disaster, strike, labor dispute, act of God, governmental action, civil disturbance, accident, or inability to obtain or use materials, labor, equipment, facilities or transportation; in such cases, Jenna London shall have the right, at its option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time.

8. INSPECTION BY CUSTOMER; CLAIMS FOR DAMAGE IN TRANSIT.

Customer shall carefully examine all deliveries of Products made hereunder and within five (5) days of receipt notify Jenna London of any alleged error, shortage, defect or non-conformity of any such Products. Any failure by Customer to examine and report shall constitute a waiver of any claim or right of Customer against Jenna London arising hereunder or by law with respect to any such error, shortage, defect or non-conformity reasonably discoverable by such examination. Any and all claims by Customer for damage or loss in transit shall be made by Customer against the carrier.

9. RETURNS.

Allowable Period. Jenna London accepts returns only of unworn Products within five (5) days from the date of Customer’s receipt of the Products (“Return Period”).
Process. To initiate a return, Customer must inform Jenna London of Customer’s decision within the Return Period by contacting Jenna London customer support and clearly stating Customer’s desire to return the Product. Customer must process their returns by visiting https://shopify.com/71258243129/account (“Return Portal”) and providing all information requested by Jenna London. Customer shall arrange to have the return shipped back to Jenna London, and Customer shall be responsible for any return shipping costs. To receive a refund, Customer must return Customer’s Product (and any promotional merchandise supplied with the Product) within seven (7) days following the day on which Customer notifies Jenna London customer support that Customer desires to return Customer’s Product. If the return is postmarked within this seven (7) day period, the return will satisfy the timeliness requirement of this Section. Products returned under this Section 9 must be received by Jenna London in a resalable condition, which means the Product has no sign of use, wear and tear, cosmetic damage, or any other damage.
Packaging. Customer must keep the original packaging and use it to repack a Product for return.
Unauthorized Returns. Any return made by Customer with processing such return through the Return Portal will be considered an unauthorized return (“Unauthorized Return”). Unauthorized Returns will not be subject to a refund or credit by Jenna London. Customer has the sole responsibility to arrange shipment of the Unauthorized Return from Jenna London back to Customer. Customer assumes all shipping and handling charges for any Unauthorized Return.
Defective Items. If a Product was defective when received, Customer should contact Jenna London customer support and clearly explain how the Product is defective. Customer must process their returns by visiting the Return Portal and providing all information requested by Jenna London. Customer shall arrange to have the return shipped back to Jenna London. To receive a refund of the purchase price and shipping fees, Customer must return Customer’s Product (and any promotional merchandise supplied with the Product) within the fourteen (14) days following the day on which Customer notifies Jenna London customer support that Customer desire to return Customer’s Product. If a Product consists of several parts, Customer must return all parts of the Product in order to obtain a refund.

10. DISCLAIMERS.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, AND ALL CONTENT AVAILABLE ON THE WEBSITE, IS PROVIDED ON AN “AS-IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

11. LIMITATIONS OF LIABILITY.

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT SHALL JENNA LONDON OR ITS AFFILIATES, DIVISIONS, PARENTS, SUBSIDIARIES, MANUFACTURERS, SUPPLIERS OR LICENSORS (AS THIRD PARTY BENEFICIARIES), INCLUDING THEIR PAST, PRESENT, AND FUTURE AGENTS, ASSIGNS, ATTORNEYS, CONSULTANTS, CONTRACTORS, DIRECTORS, EMPLOYEES, INSURERS, OFFICERS, AND REPRESENTATIVES BE LIABLE FOR DIRECT DAMAGES OR OTHER LOSSES OR LIABILITIES DIRECTLY RELATING TO THE PRODUCTS OR OTHERWISE ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THE USE OF THE PRODUCTS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, EXPRESS OR IMPLIED WARRANTY, TORT, PRODUCT OR OTHER STRICT LIABILITY, TRADE PRACTICES, OR OTHERWISE, AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN EXCESS OF THE ACTUAL AMOUNT PAID BY CUSTOMER FOR THE SPECIFIC PRODUCT(S) THAT DIRECTLY GAVE RISE TO THE DAMAGES OR OTHER LOSSES OR LIABILITIES CLAIMED.

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT SHALL JENNA LONDON OR ANY OF ITS AFFILIATES, DIVISIONS, PARENTS, SUBSIDIARIES, INCLUDING WITHOUT LIMITATION THEIR PAST, PRESENT, AND FUTURE AGENTS, ASSIGNS, ATTORNEYS, CONSULTANTS, CONTRACTORS, DIRECTORS, EMPLOYEES, INSURERS, OFFICERS, REPRESENTATIVES, SHAREHOLDERS, OR SUCCESSORS, NOR ANY PARTY INVOLVED IN THE CREATION OR PRODUCTION OF THE PRODUCTS BE LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW; CUSTOMER SHALL REFER TO LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

12. JENNA LONDON’S TRADEMARKS.

Certain trademarks, trade names, service marks and logos used on or in association with the Products are registered and unregistered trademarks, trade names and service marks of Jenna London and its affiliates. Neither Customer nor anyone else is granted by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos without the written permission of Jenna London.

13. MODIFICATION.

Except as expressly provided herein, these Terms may not be modified, terminated, or repudiated, in whole or in part, except by a writing executed by an authorized officer of Jenna London.

14. EXPORT COMPLIANCE.

Customer’s purchase is for Customer’s use, not for resale, export, re-export or transfer. Customer’s purchase is subject to, and Customer shall comply with all applicable laws, rules and regulations with respect to use of the Product, abide by all applicable foreign trade/export restrictions or similar rules, and not transfer, export or re-export the Product to any country that violates any applicable export controls administered by the United States of America. Jenna London reserves all rights and remedies to enforce these restrictions, including injunctive relief, damages, and cancellation/termination of Customer’s purchase.

15. WAIVER.

Any waiver by Jenna London of the performance or breach of any provision hereof shall be in writing and executed by an authorized officer of Jenna London, and no such waiver shall constitute a waiver of the subsequent performance or breach of the same or any other provision.

16. SEVERABILITY.

The invalidity or unenforceability, in whole or in part, of any provision or portion hereof shall not affect in any way the validity and enforceability of the remainder of such or any other provision or portion.

17. DATA PROTECTION.

By placing an order for Products, Customer agrees and understands that Jenna London may store, process and use personal data, including data collected from Customer’s order form for the purpose of processing Customer’s order and for other purposes in accordance with our Privacy Policy. Jenna London works with other companies that help Jenna London provide Products to Customer, such as freight carriers and credit card processing companies, and Jenna London may have to share certain information with these companies for this purpose.

18. ELECTRONIC COMMUNICATIONS.

Customer is communicating with Jenna London electronically when Customer uses the Website or sends an email to Jenna London. When Customer orders in the Website, Jenna London collect and store Customer’s email address. From that point forward, Customer’s email address may be used to send Customer information about Jenna London’s products and services unless Customer opts-out of such emails using the opt-out link in the emails.

SMS MESSAGING
When you provide your phone number and opt-in to Jenna London’s text message marketing program (the “Messaging Service”), you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g., cart reminders) from Jenna London, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Reply HELP for help and STOP to cancel. Message & Data rates may apply.

Message frequency will vary. Jenna London reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Jenna London, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

Text the keyword STOP [END, CANCEL, UNSUBSCRIBE or QUIT] to cancel. After texting STOP [END, CANCEL, UNSUBSCRIBE or QUIT] you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP [END, CANCEL, UNSUBSCRIBE or QUIT] keyword command and agree that Jenna London and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Jenna London through any other programs you have joined, such as for delivery and other transaction text updates, until you separately unsubscribe from that program(s). Text the keyword HELP to return customer care contact information. If you are experiencing any problems with the Messaging Service, you may contact us at info@jennalondonofficial.com.

19. QUESTIONS

If Customer has any questions, comments or complaints regarding these Terms, please fill out this form.