Terms and Conditions.

Website terms & conditions:

This website is operated by Indigo & Heather, www.indigoandheather.com (“website). Throughout the website the terms “we”, “us” and “our” refer to Indigo & Heather (the “Company”). By using and shopping at our website, you agree to the following terms and conditions (“Terms and Conditions”). The conditions of sales mentioned hereafter concern only indigoandheather.com and are not related to any other conditions that are applied in stores. Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using the website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions, which include our Privacy Policy. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the website or use any services.

Privacy:

We respect and are committed to protecting your privacy. In order to serve you better, we may collect personally identifiable information when you visit our website. We also automatically receive and record information on our server logs from your browser including your IP address, cookie information and the page(s) you visited. This information will never be sold by anyone. Our full Privacy Policy can be accessed on the website, or by clicking on the following link: indigoandheater.comxxxx

Security:

Your payment and personal information is always safe. Our SSL software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.

Age of consent:

By using this website, 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 site.

Modification of Pricing and/or Service:
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Color accuracy and listings:

We attempt to be as accurate as possible when describing our products on our website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, or other content available on the website are accurate, complete, reliable, current, or error free.

Typographical errors:
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Personal Information:

Your submission of personal information through the store is governed by our Privacy Policy. For more detail, please review our Privacy Policy.

Accuracy of order and/or account information:

We reserve the right to refuse any order you place with us. We may, in our 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 that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Return & Cancellations page.

Fraud Protection:

Indigo & Heather reserves the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order, or our customer service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We reserve the right to cancel any order using any promotion or promotional code, at our sole discretion. If any order cancellation occurs, you will be credited in full for the cancelled order(s). We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

General:

We reserve the right to refuse service to anyone for any reason at any time. By using this website, you acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website. Any changes are effective immediately upon posting to the website. Your continued use of the website constitutes your agreement to all such terms and conditions.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of these conditions, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

Notice:

The Company may deliver notice to you by e-mail, a general notice on the website, or by other reliable method to the address you have provided to us.

Warranty Disclaimer:

This website and the materials and products on this website are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Indigo & Heather disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability:

The Company, its officers, directors, employees, agents, licensors and suppliers, shall not be liable for any damages that result from the use of, or the inability to use, the materials on this website or the performance of the products, even if the Company has been advised of the possibility of such damages. Certain state laws may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you, and you may have additional rights.

Termination of terms and conditions:

These terms and conditions, or any part of them, may be terminated by the Company without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Warranty Disclaimer, Limitation of Liability, Applicable Law and Indemnification, shall survive any termination.

Applicable Law:

This website is created, controlled and maintained by the Company, in the State of Massachusetts. Accordingly, the laws of the State of Massachusetts shall in all events govern any disputes relating to this website, including those relating to any transaction conducted hereon, and shall likewise govern the terms, conditions, disclaimers, policies and notices contained herein, all without giving effect to any conflict of laws principles. The Company makes no representations as to the compliance of this website or its terms and conditions with any applicable law. If you choose to access this website from outside of the United States, you do so at your own risk and are responsible for compliance with all applicable laws. You may not use this website in violation of United States export laws. By using this website, including by virtue of purchasing products hereon, you agree to submit to the jurisdiction of the State of Massachusetts and agree that it shall serve as the sole and exclusive venue for any disputes relating to this website. Any claim or cause of action brought by you with respect to matters related to this website, including these terms and conditions, must be brought in a state or federal court located in the State of Massachusetts and must be commenced no later than one (1) year after the claim arises. If any provision of these terms and conditions is deemed to be void, unlawful or unenforceable for any reason, all other provisions contained herein shall remain in full force and effect. These terms and conditions constitute the entire agreement as to matters relating to this website.

Indemnification:

You agree to indemnify, defend, and hold indigoandheather, the Company, subsidiaries, affiliates, partners, officers, directors, employees, interns, subcontractors, agents, licensors and suppliers harmless from any claim or demand, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these terms and conditions or any activity related to you or any other person accessing this website.

Changes to terms and conditions:
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CAN-SPAM Act:

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

Send information, respond to inquiries, and/or other requests or questions.
Process orders and to send information and updates pertaining to orders.
We may also send you additional information related to your product and/or service.
Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CAN-SPAM we agree to the following: NOT use false, or misleading subjects or email addresses.
Identify the message as an advertisement in some reasonable way.
Include the physical address of our business or site headquarters.
Monitor third party email marketing services for compliance, if one is used.
Honor opt-out/unsubscribe requests quickly.
Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can:

Follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.

If there are any questions regarding this Privacy Policy you may contact us at support@indigoandheather.com.