Terms and Conditions

Terms of Use

Effective January 7, 2019

Important Notice:

Please read these Terms (defined below) carefully. These Terms contain important terms, including an arbitration clause that requires all claims to be resolved by binding arbitration. The specific terms of the arbitration clause are set forth in Section 11 below, “Resolving Disputes by Binding Arbitration and Class Action Waiver.”

By accessing, using, or attempting to use the Site or Services (defined below) in any way, you acknowledge and agree to be bound by these Terms. If you do not agree, do not access or use the Site or any Services.

Welcome to Iris Campbell! The Service is provided by Cosmolux, a California Limited Liability Company (“Iris Campbell”, “we”, “us”, “our”) through our website www.Iris Campbell.shop (including any website, web widget, mobile application or any other similar platform owned, controlled, operated or offered by Iris Campbell) (the “Website”) and is subject to the following Terms of Use (the “Terms”). These Terms may be updated from time to time by posting revised versions of the Terms, and may be done without prior notice to you. Therefore, please periodically review the Terms posted here. Each time you visit this Site, you agree to be bound by the Terms in effect at the time you visit this Site. If you do not agree to the revised Terms, please do not use this Site. In addition to the Terms, your use of the Services is subject to our Privacy Policy, which is located at https://Iris Campbell.shop/pages/privacy-policy, as it may be amended from time to time (the “Privacy Policy”). In addition, when using certain features of the Site, you may be subject to additional terms and conditions applicable to such services.

Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that enables us to provide the Services to you.

The Site allows you to open an Iris Campbell account, browse Iris Campbell apparel, and purchase Iris Campbell apparel (each of which is a “Service” and collectively, the “Services”). To use the Services, you must be eighteen (18) years of age or older (or the age of majority and capacity to contract, as applicable).

User Accounts.

To facilitate your use of the Services, you may create a user account with Iris Campbell (an “Account”). Creating an account allows you to simplify your use of the Services by saving your billing and shipping addresses, payment information, and order history on the Site. When you create an account, you must provide your name, a valid email address, and select a password. You are responsible for providing us with complete and accurate information. If your information changes, you are responsible for updating your account to keep it accurate and complete.

Your use of the Services is not contingent upon the creation of an account, but we may offer additional services (including discounts) to customers who have accounts.

Account Security.

You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for any and all activities that occur under your account. You agree to notify Iris Campbell immediately if you know or suspect any unauthorized use of your account or any other breach of security that you know or suspect, such as loss, theft, unauthorized disclosure or use of your account or password. Iris Campbell is not responsible for any losses, damages, costs, expenses, or claims resulting from the theft or loss of your password or the unauthorized use of your account. While Iris Campbell has endeavored to create a secure and reliable website, you should understand that the confidentiality of any communication or material transmitted to or from the website via the Internet or other form of global communications network cannot be guaranteed. Accordingly, Iris Campbell is not responsible for the accuracy, reliability or security of any information transmitted to or from the website.

Except as otherwise required by law, we may suspend or deactivate your account, or otherwise suspend or terminate access to any Service, or refuse to provide any Service, at any time in our sole discretion, without notice or liability to you, including, without limitation:

If we believe, in our sole discretion, that you have directly or indirectly used or attempted to use the Service for any illegal or improper purpose;

If you provide us with any incomplete, inaccurate or false information;

If you attempt to tamper with, hack, modify or otherwise violate the security or functionality of the Site or the Service;

If we believe that any payment method you used is unauthorized, or that your payment method does not have sufficient available funds (or credit limit, if applicable), or has expired, or that your payment method has been declined or your payment has been blocked or reversed for any reason;

If you have violated any part of these Terms;

If we determine that your account is inactive;

If we determine that such action is necessary to comply with these Terms, any of our policies, procedures or practices, or any law, rule or regulation.

Our products are available for purchase on the Site. Quantities of each product may be limited, and we reserve the right to change the assortment, product descriptions, and prices on the Site at our sole discretion without notice. Iris Campbell does not guarantee that any particular product will be available at any time.

Although we have made every effort to display as accurately as possible the colors and images of the products that appear in the store, we do not guarantee that your computer monitor's display of any color will be accurate.

Any product purchased on the Site may be returned or exchanged in accordance with our Return Policy https://Iris Campbell.shop/pages/shipping-returns

We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

User Conduct.

You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or other material (collectively, "Content") that you upload, post, publish, or display (collectively, "Postings") or email or otherwise transmit or use through the Site or any services offered through the Site. You hereby grant Iris Campbell a perpetual, irrevocable, non-exclusive, sublicensable, transferable, worldwide, royalty-free right and license to use all Content you post on the Site or elsewhere for any purpose, including the right to reproduce, store, modify, distribute, perform, display, reformat, excerpt, translate and create derivative works of such Content in any media now or hereafter known, and to permit others to do the same. You irrevocably waive any so-called moral rights and rights of attribution.

You agree not to use the Site or Services to post or otherwise transmit any Content that is unlawful, obscene, hateful, threatening, defamatory, invasive of privacy, infringing on intellectual property rights (including rights of publicity), in violation of contractual or fiduciary rights, obligations or agreements, constitutes an anti-competitive collaboration and/or antitrust violation, or is otherwise injurious to third parties or objectionable (as determined in Iris Campbell’s sole discretion) and does not contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. Iris Campbell reserves the right (but not the obligation) to monitor, edit and/or remove any Content in its sole discretion. Iris Campbell is not responsible for any Content you post or otherwise transmit using the Site or Services, or for the removal or failure to store any Content.

Notwithstanding the rights and licenses granted above, it is understood that by merely allowing your Postings and Content to appear on the Site, Iris Campbell does not become a publisher of such information, content, and materials, but is merely acting as an intermediary to enable you to provide and display Postings or Content. You represent that you have all necessary rights to provide Content to Iris Campbell, and you also acknowledge that such Postings are non-confidential for all purposes and that Iris Campbell cannot control the extent to which any party or individual may use any idea or information after it is posted or displayed. You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from whom such Posting originated; that Iris Campbell is not responsible for any errors or omissions in any Posting; and that Iris Campbell cannot guarantee the identity of any other users with whom you may interact in the course of your use of the Site. Iris Campbell recommends that you do not post or display any confidential or sensitive information on the Site.

Resale of Services is prohibited.

Unless otherwise agreed by Iris Campbell, your right to use the Service is personal to you. You agree not to display, distribute, license, perform, publish, copy, reproduce, sell, exploit, transfer or transmit for any commercial purpose any portion of the Service, use of the Service or access to the Service.

Violation of Terms.

If you are using the Site on behalf of an entity or group, you represent that you have the necessary right, authorization and authority to enter into these Terms on behalf of that entity or group, and references to "you" shall be construed to refer to that entity or group. Iris Campbell urges you to take reasonable steps to ensure that all persons using the Site and Service comply with these Terms and to report any use of the Site or Service, or any Posted Content, that violates these Terms. If you have any such violations to report, please send an email to support@Iriscampbell.shop.

Restrictions.

You may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, delete or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works from or otherwise exploit the Site or any portion of the Site, including (a) using any "deep link," "page scrape," "robot," "spider" or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents or information through any means not intentionally made available through the Site, (b) attempting to gain unauthorized access to any portion or feature of the Site or any Iris Campbell website connected to the Site by hacking any other system or network that hosts the Site or any service offered on or through the Site, password "mining" or any other illegal or prohibited means; (c) probe, scan or test the vulnerability of the Site or any network connected to the Site or to breach the security or authentication measures on the Site or any network connected to the Site; (d) reverse look-up, trace or attempt to trace any information on any other user of or visitor to the Site; (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Iris Campbell's systems or networks or any systems or networks connected to the Site; (f) use any device, software or routine to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site; (g) forge headers, impersonate another person or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Iris Campbell on or through the Site; or (h) use the Site in an unlawful manner.

Any notices required to be given by Iris Campbell under these Terms or otherwise may be given to you by email, posting on the Site or other reasonable means. Iris Campbell may broadcast, distribute or display notices or messages through the Site or by email to inform you of changes to these Terms, Services, Privacy Policy or other important matters. Such broadcast, distribution or display of information shall constitute notice to you. Your continued use of the Site or Services after receipt of such notice shall be deemed to have acknowledged and accepted such notice.

All data collection, sharing and use regarding visits to the Site and use of the Services are subject to the Privacy Policy https://IrisCampbell.shop/pages/privacy-policy

Iris Campbell reserves all rights to the Site and all related intellectual property rights. "Iris Campbell" and all related logos, trademarks or other identifiers displayed within the Site are the sole property of Iris Campbell or its licensors. You acknowledge that, as between you and Iris Campbell, all rights, title and interest in and to the Site (including all modifications, improvements, upgrades and derivative works thereof), including all copyrights, trademarks, patents, trade secrets and other intellectual property or proprietary rights, belong exclusively to Iris Campbell.. You shall respect and comply with any and all contractual, statutory or common law rights of Iris Campbell and any applicable third party arising out of or in connection with the provision or use of the Site or Services.

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 the same customer account or under the same credit card, orders placed with the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number you provided when you placed your order. We reserve the right to limit or prohibit orders that we believe may be placed by dealers, resellers or distributors.

Iris Campbell may suspend or terminate your account or use of the Services, remove and discard any Content, for any reason, including, without limitation, for lack of use or if Iris Campbell believes that you have violated these Terms, either in letter or spirit. Iris Campbell may also, in its sole discretion, discontinue providing the Services or any part thereof with or without notice. You may terminate your account and use of the Services at any time and for any reason by sending an email to support@Iriscampbell.shop and requesting that your account be closed. If you object to any term or condition in the Terms, your only recourse is to cease using the Services and terminate your account. You are welcome to contact Iris Campbell and inform us of the reason for your termination. Upon termination, your right to use the Services will immediately cease. All provisions of the Terms that by their terms or nature should survive termination, including, without limitation, provisions regarding limitations or liabilities and disclaimers, shall survive.

Any website that may be accessed through links embedded in the Website and that takes you away from the Website is not under the control of Iris Campbell, and we are not responsible for the content, products, services or terms of any linked website. All such websites are subject to the terms, conditions, policies and procedures of their owners and not these Terms. Accordingly, Iris Campbell hereby expressly disclaims any responsibility for the quality of the content, materials, information, accuracy and/or products or services provided by, through or advertised on any such website accessed through links on the Website. We recommend that you read the applicable terms and conditions to understand your rights and obligations.

To the maximum extent permitted by law, you agree to indemnify and hold Iris Campbell, its affiliates, and their respective parents, subsidiaries, officers, employees, agents, directors, managers, equity owners, successors and assigns (collectively, the "Iris Campbell Group") harmless from any claim or demand, including reasonable attorneys' fees, arising out of or related to your use of the Services, any Content you provide, your violation of these Terms, your (or anyone using your account) infringement of the intellectual property or other rights of any person or entity (including, without limitation, any person or entity's account), or violation of any applicable law or regulation. This includes, but is not limited to, any damages you may suffer as a result of receiving any product (whether consumer or not) offered on the Site. Iris Campbell SHALL NOT BE LIABLE FOR HARM CAUSED BY ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, HARM CAUSED BY ANY DEFECT, UNSAFE PRODUCT OR PACKAGING, PRODUCT LIABILITY, INJURY (INCLUDING DEATH), OR OTHERWISE. IT IS YOUR SOLE RESPONSIBILITY TO IDENTIFY THE PRODUCT COMPONENTS AND ENSURE APPROPRIATE SAFETY MEASURES WHEN USING ANY PRODUCT. YOU AGREE, UNDERSTAND AND AGREE THAT THIS ASSUMPTION OF RISK AND RELEASE OF LIABILITY WILL BE BINDING ON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, Administers, AND ASSIGNS. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IRIS CAMPBELL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF IRIS CAMPBELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES RESULTING FROM (I) THE USE OR INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS; OR (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR DATA. You expressly agree that Iris Campbell will not be liable to you or anyone else for any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, pornographic, or otherwise objectionable conduct or speech by any other party on or through the Site or Services, or for any infringement or violation of your rights, including, without limitation, intellectual property rights, rights of publicity or privacy, by any other party. Iris Campbell's total liability to you for breach of contract and for any and all other claims arising out of or related to these Terms, the Site, Services or Products, including tort claims, shall not exceed the total amount of all amounts paid by you to Iris Campbell under this Agreement. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

You expressly agree that your use of the Site, Services and Products is at your own risk and expense and is subject to these Terms, any applicable law, and any additional terms and conditions imposed by any third-party provider. The Site, Services and Products are provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, Iris Campbell 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, OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT ENFORCEMENT BY ANY STATE, ARE EXPRESSLY DISCLAIMED. IRIS CAMPBELL DOES NOT WARRANT THAT THE SITE, SERVICES AND PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU ACKNOWLEDGE THAT IRIS CAMPBELL DOES NOT CONTROL THE CONTENT AND INFORMATION PROVIDED BY VENDORS, ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SITE. IRIS CAMPBELL MAKES NO WARRANTIES REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE IRIS CAMPBELL GROUP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Except as otherwise provided by applicable law, any controversy or claim arising out of or relating to the SITE, SERVICES, THESE TERMS OR THE BREACH OF THESE TERMS, INCLUDING STATUTORY CONSUMER CLAIMS (EACH A “DISPUTE”) SHALL BE AR 1. The AAA shall resolve all disputes exclusively by arbitration under the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available on the AAA website. ADR Website. You understand that without this Section 11, you would have the right to sue in court and have a jury trial.

In the event of a dispute, the decision as to whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and shall be determined by the court, not the arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If the arbitrator determines such fees to be prohibitive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, by the submission of documents, by telephone, or online, at your option, subject to the arbitrator’s decision. If you appear in person, any arbitration hearing you attend shall be held in the federal judicial district in which you reside.

Limitations. You and Iris Campbell agree that any arbitration shall be limited to the Dispute between you and us individually. To the fullest extent permitted by law, (1) no arbitration shall be joined to any other; (2) There shall be no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there shall be no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Any Dispute must be commenced within one year after the complaining party discovers the facts giving rise to the Dispute or claim or be forever waived.

Exceptions to Arbitration.

You and we agree that the following (and only those) Disputes are not subject to the above provisions regarding binding arbitration and may be brought in any court with jurisdiction over the parties and the subject matter: (1) any action to compel arbitration, to stay arbitration proceedings, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and (2) any action seeking temporary injunctive relief, which shall only last until the arbitrator can determine whether the relief should be continued, modified, or vacated.

Severability.

You and we agree that if any part of this Section 11 is found to be illegal or unenforceable, that part shall be severed and the remainder of this Section 11 shall remain in full force and effect.

These Terms constitute a binding agreement between you and us. The entire agreement between you and Iris Campbell and governs your use of the Service supersedes the any prior agreements between you and us regarding your use of the Site, the Services, and your account. When you use third-party services in conjunction with your use of the Services, you may also be subject to additional terms and conditions that may apply, and you represent and warrant that you will comply with all such additional terms and conditions. These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. Except as provided in the “Resolving Disputes Through Binding Arbitration and Class Action Waiver” section above, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Los Angeles County, California. To the extent that the “Resolving Disputes Through Binding Arbitration” section above does not apply to any claim or action, and without prejudice to that section, each party hereby knowingly, voluntarily and intentionally waives any right it may have to a jury trial in any action (including, without limitation, any claim, counterclaim, cross-claim or third-party claim) arising out of, under, or related to these Terms; and each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not seek to enforce such waiver of jury trial in the event of such action; and each party acknowledges that this section was a material inducement for the other party to enter into these Terms. Iris Campbell Failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by Iris Campbell. You and Iris Campbell agree that any action arising out of or related to these Terms, your use of the Site or Services, or any Products, whether brought by you or any third party, must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action shall be forever barred. Neither party shall be liable for any failure or delay in performance of any obligation set forth in these Terms (except for monetary payment obligations); and neither party shall be deemed in breach of such obligation if such failure or delay is caused by an act of God or any cause reasonably beyond the control of such party. The provisions of these Terms are for the sole benefit of you and Iris Campbell. Except as otherwise expressly provided in these Terms, no third party (including creditors of either party) may seek to enforce or benefit from these Terms or seek compensation for any breach of contract or other damages alleged or proven under these Terms. The section headings in these Terms are for the convenience of the parties only and have no legal or contractual significance.

If any provision of these Terms, in whole or in part, is held to be illegal, invalid, void as a violation of public policy, or unenforceable for any reason under existing or future law, then such provision shall be fully severable and shall not affect the remaining provisions, which shall continue in full force and effect and remain legal, valid, and enforceable as if such illegal, invalid, enforceable, or unenforceable provision had never been a part of such provision or of these Terms, as applicable. In place of such illegal, invalid, enforceable, or unenforceable provision, a provision shall be added which shall be as similar in terms and legal effect as possible to such illegal, invalid, enforceable, or unenforceable provision, and such provision shall be legal, valid, and enforceable.

Iris Campbell reserves the right to modify or terminate the Services, in whole or in part, with or without notice to you. Iris Campbell shall not be liable to you if we modify or terminate the Services, in whole or in part. Iris Campbell may change the terms and conditions of these Terms at any time in its sole discretion. Your continued use of the Site or Services after such modifications shall constitute your acknowledgment and acceptance of such modifications.

If you have any questions about these Terms and/or the Website, please contact Iris Campbell at Support@IrisCampbell.shop.