Terms of service

TERMS AND CONDITIONS

This website is operated by ArcaneDame LLC (“arcanedamellc.com”, “we” or “our”). These Terms and Conditions govern arcanedamellc.com. By using or interacting with the Website or making a purchase from the Website, you are agreeing to the following Terms and Conditions.

Eligibility

By using our Website, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Website with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms and Conditions; otherwise, please exit the Website.

Purchase Policies

If you make a purchase at the Website, your purchase will be charged to your method of payment, which you agree to pay consistent with the applicable agreement with the provider of that method. Your purchase is subject to these Terms and Conditions, the ArcaneDame LLC shipping and return  policies which are hereby incorporated into and made part of these Terms and Conditions. By submitting payment information in connection with any such purchase, you agree to these Terms and Conditions and the policies incorporated by reference.

Merchandise Availability

Availability of merchandise on our Website is not guaranteed. If merchandise is not available by the time your order processes, we will notify you via email. You will receive a shipping confirmation email once your items have shipped.

Merchandise Information

All merchandise features and specifications described or depicted on the Website are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of merchandise, including the applicable colors; however, the actual color you see will depend on your monitor or mobile device, and we cannot guarantee that your computer will accurately display such colors.

Accuracy of Information

Information on our Website may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, 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 on the Website is inaccurate at any time without prior notice (including after you have completed the checkout process).

Order Offer and Acceptance

Product listings are not an offer. They are an invitation for you to make an offer to purchase that item. Completing the checkout page creates such an offer by you. ArcaneDame LLC accepts that offer by completing the shipment of your order. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your offer, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your offer to accept or decline your offer for any reason or for no reason at all. Among other things, if we discover a pricing error on our website, we reserve the right to refuse to sell the product to you at the listed price. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service.

Prices and Errors in Prices

The product listing pages on our website make a good faith effort to list the prices that we intend to charge upon receipt of an offer from you. But despite our efforts, errors can occur. In the event of such an error, we reserve the right to decline to sell the product to you at the listed price, even if you have completed the checkout process.

Sales Tax

Sales tax will be determined and charged as of time of shipping on orders shipped within the US where applicable. Sales tax shown in the checkout process may be incorrect in amount or application. We reserve the right to make an adjustment to the amount charged at any time to reflect the correct sales tax amount regardless of what is shown in the checkout process. In the event of errors in our sales tax calculation process, we reserve the right to collect estimates of sales tax and to later adjust the associated charges in an upward or downward reconciliation. CA tax is charged to all items sold within the United States. US, EU, UK, and Worldwide customers pay VAT/Customs charges which will be collected by the shipping carrier upon delivery and are not included in the prices of items on this site. For details, please contact you local tax authority.

Privacy Policy

Use of the Website is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms and Conditions. Please carefully review our Privacy Policy. By using the Website, you agree to be bound by the terms of our Privacy Policy.

Intellectual Property

You acknowledge that all materials at the Website, including the Website's design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of ArcaneDame LLC and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms and Conditions are reserved to their respective copyright owners. ArcaneDame LLC authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by these Terms and Conditions, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Saks or the respective copyright owner. In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described at the Website are the sole property of ArcaneDame LLC and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of ArcaneDame LLC and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are the property of ArcaneDame LLC and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of ArcaneDame LLC. ArcaneDame LLC reserves the right to enforce its intellectual property rights to the fullest extent of the law.

Website Use

You are required to provide information at the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website; and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate or outdated, or ArcaneDame LLC has reasonable grounds to suspect that such information is false, inaccurate or outdated, ArcaneDame LLC has the right to suspend or terminate your order(s) and prohibit any and all current or future use of the Website (or any portion thereof) by you.

You agree to use the Website only for lawful purposes and that you are responsible for your use of and communications at the Website. You agree not to post on or transmit through this Website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Website in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Website.

ArcaneDame LLC makes no representation that Materials contained at the Website or products described or offered at the Website are appropriate or available for use in jurisdictions outside the United States, or that these Terms and Conditions comply with the laws of any other country. Visitors who use the Website and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Website from any territory where its contents are illegal, and that you, and not the ArcaneDame LLC Parties, are responsible for compliance with applicable local laws. This includes your payment -not ArcaneDame LLC’s of any applicable VAT tax of your order(s).

User Comments, Feedback and Other Submissions

We do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you either through the Website, by e-mail, via social media or in any other way. Unless otherwise expressly agreed in writing prior to your submission to us, any comments, feedback, information or other material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending comments, feedback, information or other material to us you represent and warrant that the information and material is original to you and that no other party has any rights to the information or material. All comments, feedback, information or other material submitted shall be and remain property of ArcaneDame LLC and we shall have the unrestricted, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material and information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)

We respect the intellectual property rights of others, and require that the people who use the Website do the same. We may terminate the use privileges of users who are repeat infringers of intellectual property rights. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.

Termination

You agree that ArcaneDame LLC may terminate or suspend your access to all or part of this Website, without notice, for any conduct that ArcaneDame LLC, in its sole discretion, believes is in violation of these Terms and Conditions or any applicable law or is harmful to the interests of another user or of employees of ArcaneDame LLC and  ArcaneDame LLC Parties. Notwithstanding such termination or suspension, you will continue to be subject to the "Intellectual Property," "Warranties, Disclaimers and Limitations of Liability," Indemnification," "Applicable Law and Jurisdiction" and "User Content and Conduct" sections of these Terms and Conditions.

ArcaneDame LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms and Conditions, you agree that ArcaneDame LLC and it’s Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website.

Warranties, Disclaimers and Limitations of Liability

You expressly understand and agree that:

Your use of the website is at your sole risk. The website and the materials contained herein are provided on an "as is" and "as available" basis. Except as otherwise expressly provided in these Terms and Conditions, ArcaneDame LLC, its parent, subsidiary and other affiliated companies, and their respective officers, directors, employees and other representatives (collectively, the "ArcaneDame LLC parties"), expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, the ArcaneDame LLC parties make no warranty that: (i) the website will meet your requirements; (ii) the website will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained by you through the website will meet your expectations or needs; and (v) any errors in the website will be corrected.

All products and services purchased on or through the website are subject only to any applicable warranties of their respective manufacturers, distributors and/or suppliers, if any. To the fullest extent permissible by applicable law, the ArcaneDame LLC parties disclaim all warranties of any kind, either express or implied, including, any implied warranties, with respect to the products and services listed or purchased on or through the website. Without limiting the generality of the foregoing, the ArcaneDame LLC parties expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection and non-compliance with any printed directions.

The ArcaneDame LLC parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the website, including any liability: (i) as a publisher of information; (ii) as a reseller of any products or services; (iii) for any incorrect or inaccurate information; (iv) for any unauthorized access to or disclosure of your transmissions or data; (v) for statements or conduct of any third party on the website; or (vi) for any other matter relating to this website or any third party website. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between ArcaneDame LLC and you. The products, information and services offered on and through the website would not be provided without such limitations.

Notwithstanding the foregoing, the sole and entire maximum liability of the ArcaneDame LLC parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from ArcaneDame LLC on this website.

Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.

Indemnification

You agree to indemnify, defend and hold harmless ArcaneDame LLC and ArcaneDame LLC’s  parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any attorneys' fees), resulting or arising from or relating to your use of or conduct at the Website, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Website, your breach of these Terms and Conditions, your infringement or violation of any rights of another, or termination of your access to the Website.

Miscellaneous

These Terms and Conditions constitute the entire and only Terms and Conditions between ArcaneDame LLC and each user of the Website with respect to the subject matter of these Terms and Conditions.

If any provision of these Terms and Conditions be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.

The failure of the ArcaneDame LLC parties to insist upon strict adherence to any term of these Terms and Conditions shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term contained in these Terms and Conditions.

Effective Date: December 1, 2024