These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website or my services.
License to use website
Unless otherwise stated, Felicia Ray & Company and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
· republish material from this website (including republication on another website);
· sell, rent or sub-license material from the website;
· show any material from the website in public;
· reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
· edit or otherwise modify any material on the website; or
· redistribute material from this website, except for content specifically and expressly made available for redistribution.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Felicia Ray & Company’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Felicia Ray & Company’s express written consent.
Access to certain areas of this website is restricted. Felicia Ray & Company reserves the right to restrict access to private areas of this website, or indeed this entire website, at Felicia Ray & Company’s discretion.
If Felicia Ray & Company provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Felicia Ray & Company may disable your user ID and password at Felicia Ray & Company’s sole discretion without notice or explanation.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with www.feliciadray.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.feliciadray.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be www.feliciadray.com or may in some cases be a third party. Where a contract is made with a third party www.feliciadray.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
(d) Seamstress Orders
Your balance must be paid in full before construction begins. This protects Felicia Ray & Company from completing work and/or purchasing materials that Felicia Ray & Company may not be compensated for later.
If you require additional fittings/consultations, materials (thread, fabric etc) not listed on your estimate(s), it will be sent in a separate invoice(s). The invoice(s) will be due upon receipt.
Rush orders are all orders that need completing with less than 7 business days notice (less than 4 weeks for bulk items). There will be a fee assessed to these orders. The fee will be based on the contents of the order. All Seamstress Orders are made to order and completed in the order they are received.
Failure to make arrangements to retrieve your items and/or materials within 3 days from email or telephone notice that your order is complete, will result in a $5 storage fee per day for up to 7 days. Felicia Ray & Company reserves the right to sell your items and/or materials to a 3rd party without further notice after the 7th day.
All items are custom made and therefore no refunds will be issued.
If there is a noticeable error in your design, please open a support ticket to discuss it.
Once construction begins, design changes, fabric changes or pattern changes requests WILL NOT be permitted. No exceptions.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Felicia Ray & Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Felicia Ray & Company the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Felicia Ray & Company or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Felicia Ray & Company reserves the right to edit or remove any material submitted to this website, or stored on Felicia Ray & Company’s servers, or hosted or published upon this website.
Notwithstanding Felicia Ray & Company’s rights under these terms and conditions in relation to user content, Felicia Ray & Company does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Felicia Ray & Company makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Felicia Ray & Company does not warrant that:
· this website will be constantly available, or available at all; or
· the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
Felicia Ray & Company will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
· to the extent that the website is provided free-of-charge, for any direct loss;
· for any indirect, special or consequential loss; or
· for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Felicia Ray & Company has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Felicia Ray & Company’s liability in respect of any:
· death or personal injury caused by Felicia Ray & Company’s negligence;
· fraud or fraudulent misrepresentation on the part of Felicia Ray & Company; or
· matter which it would be illegal or unlawful for Felicia Ray & Company to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Felicia Ray & Company has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Felicia Ray & Company’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Felicia Ray & Company’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Felicia Ray & Company.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Felicia Ray & Company and undertake to keep Felicia Ray & Company indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Felicia Ray & Company to a third party in settlement of a claim or dispute on the advice of Felicia Ray & Company’s legal advisers) incurred or suffered by Felicia Ray & Company arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Felicia Ray & Company’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Felicia Ray & Company may take such action as Felicia Ray & Company deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Felicia Ray & Company may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Felicia Ray & Company may transfer, sub-contract or otherwise deal with Felicia Ray & Company’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, together with all of its documents, constitute the entire agreement between you and Felicia Ray & Company in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the federal laws of the United States, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the state of Texas.