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TERMS AND CONDITIONS

                    

VIEW PRIVACY POLICY     VIEW COOKIE POLICY

COOKIES POLICY 

This Cookie Policy elucidates the usage of cookies by Jardin d’Eden, a company registered in MO, United States, when accessing our websites or apps. 

Our Utilization of Cookies: 

Cookies are employed on our websites and apps to differentiate your activity from that of others, enhancing your browsing experience and aiding in the refinement of our sites, products, and services. For a deeper understanding of our cookie usage, kindly review this Cookie Policy. 

Understanding Cookies: 

A cookie denotes a minute data file stored either on your browser or the hard drive of your device. Further details about cookies can be found at www.allaboutcookies.org and www.cookiecentral.com. Please be aware that we cannot be held accountable for the content of external websites. 

We utilize cookies for the following purposes: 

- Strictly necessary cookies: Crucial for the functionality of our websites or apps, facilitating actions such as account login, shopping cart usage, and e-billing services. 

- Analytical or performance cookies: Permit the recognition and tallying of site visitors, tracking their navigation for website and app improvement. 

- Functionality cookies: Serve to recognize returning users, enabling the retention of preferences like language or region selection. 

- Targeting cookies: Capture details of your site or app visits, pages viewed, and links followed, aiding in tailoring our websites/apps and marketing communications to align with your interests. Such data may be shared with third parties for this purpose. 

We do not necessitate your consent for strictly necessary cookies. However, for analytical or performance cookies, functionality cookies, and targeting cookies, we request your consent beforehand. Details regarding the individual cookies and their purposes are provided in the table appended to this Cookie Policy. 

Third-party Cookies: 

Third-party cookies, utilized on our sites and apps without our control, serve purposes of necessity, analysis, or targeting. For more information regarding these cookies, refer to the table in our Cookies Policy. Additional information on cookies from third-party providers can be accessed via the provided links. 

Opting out of Tracking: 

We employ pixels in our emails to monitor openings and feature interactions, enabling us to deliver more pertinent content. You can opt out of our marketing emails at any time. For more information, please consult our privacy notice. 

Adjusting Cookie Preferences: 

You retain the ability to modify your cookie preferences anytime via the COOKIES PREFERENCES HERE [link to CookiePro by OneTrust plugin]. Blocking cookies through your browser settings may impact site/app accessibility and functionality. Refer to www.allaboutcookies.org for guidance on managing cookie settings. 

Changing your cookie preferences 

You can change your cookie preference at any time by visiting COOKIES PREFERENCES HERE [link to CookiePro by OneTrust plugin] to manage the use of cookies. You can block cookies by activating the settings on your browser that allow you to refuse the setting of all or some cookies. To find out how to do this visit www.allaboutcookies.org . However, if you use your browser settings to block all cookies (including strictly necessary cookies) you may not be able to access all or parts of our site and app and your experience of our site/app may be impaired.  

Google Analytics: To opt-out of being tracked by Google Analytics across all websites please visit  https://tools.google.com/dlpage/gaoptout . 

You can also use your social media platforms and their privacy settings to adjust your preferences on cookies and tracking.  

For Facebook/Meta please see:  

https://www.facebook.com/help/568137493302217 

Targeted Advertising: The following are opt-out schemes that allow you to opt out from receiving targeted advertising from members of those schemes.  

http://www.networkadvertising.org/choices/  

http://www.youronlinechoices.com/  

Further Privacy Information: 

Cookies enabling user identification are treated as personal data. We only utilize such cookies where legally permissible, adhering to our Privacy Policy [link to the Privacy Policy page]. 

Third-party Websites: 

When navigating to external websites through links on our site or app, bear in mind they possess distinct privacy and cookie policies. We encourage you to review these policies, as we disclaim responsibility for third-party actions.  

Contact Us: 

For inquiries or additional information, feel free to reach out to us at (314) 947-0180 or customerservice@jardindedenclo.com. 

Shipping & Duties Page 

Orders over $100 (pre-tax) will receive complimentary UPS ground shipping if located within the continental USA. Customer-paid shipping options are available at checkout. 

 

Privacy Policy 

J d’E'sPRIVACY POLICY may be reviewed athttps://jardindedenclo.com/privacy-policy 

Indemnification 

User agrees to indemnify, defend and hold harmless J d’E, its owners, managers, directors, officers, and employees (“Indemnified Parties”) from any claims, demands, causes of action, liabilities, and damages (includingreasonable attorneys fees and costs) arising out of or in any way connected to (i) User’sbreach of these Website Terms; (ii) User’s use or attempted use of this Website, including without limitation, User’s posted content; and (iii) User’s conduct towards any other user of this Website or towards J d’E. 

Proprietary  Property Rights 

The Jardin d’Eden website may contain, from time to time, its trade name, service name, logo, slogan, and content, including without limitation, text, data, graphics, and pictures (collectively, the “Jardin d’Eden Proprietary Property”) which is protected by copyright and trademark law. With the exception of the following limited and revocable permission,the Jardin d’Eden Proprietary Property may not be copied or used without the prior written consent of Jardin d’Eden, which consent may be withheld in Jardin d’Eden’s sole discretion. User is allowed to access and use this Website strictly for User’spersonal use only provided User has agreed to the Terms in accordance with the section entitled Access. This limited permission excludes any commercial use. 

Digital Millennium Copyright Act (“DMCA”) 

DMCA Title II, the Online Copyright Infringement Liability  Limitation Act, provides safe harbor guidelines for online service providers,   such as J d’E, to protect against copyright infringement liability.   If User has a good faith belief that User has copyrightedmaterial which appears on the J d’E  Website in an infringing manner, User may so notify J d’E at its email address.Please describe under penalty of perjury, with specificity, User’s copyrighted material, and the allegedinfringing copyrighted material of J d’E together with User’s contact numbers. 

Dispute Resolution 

(i)Mediation. The Parties agree to participate in non-binding mediation before a single mediator in the event of a dispute arising out of or in any way relating to this User Site Agreement. The mediation shall be submitted to and administered by the offices of the United States Arbitration & Mediation (USA&M) in St. Louis, Missouri within 30 days of referral, The referral shall be made by either Party following the Parties not being able to resolve the dispute through direct discussions. In the event the Parties are unable to agree on a mediator from the panel, the appointment of a mediator will be determined by USA&M. The Parties agree to share equally in the costs of the mediation.  

(ii) Arbitration. In the event the dispute is not settled by mediation, the Parties agree to submit their dispute within 30 days of the end of the mediation session to USA&M for a final and binding arbitration before a single arbitrator who shall not be the mediator. In the event the Parties are unable to agree on an arbitrator from the panel, the appointment of an arbitrator will be determined by USA&M. The Parties agree to share equally in the costs of the arbitration.  

Governing Law 

This User Site Agreement shall be construed in accordance with and governed by the laws of the State of Missouri without giving effect to any conflict of laws principle or rule which might require the application of the laws of another jurisdiction. 

Disclaimers of All Warranties 

THE MATERIALS ON JARDIN D’EDEN’S WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. JARDIN D'EDEN MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL RIGHTS. JARDIN D’EDEN MAKES NO REPRESENTATION THAT ANY SERVICE OFFERED OR MATERIAL PURCHASED THROUGH THIS WEBSITE OR THROUGH ANY LINK TO THIS WEBSITE IS ACCURATE OR RELIABLE, OR THAT THIS WEBSITE OR ANY SUCH LINK IS FREE OF ANY ERROR OR VIRUS.  

Limitation of Liability 

IN NO EVENT WILL JARDIN D’EDEN, ITS OWNERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AND INDEPENDENT CONTRACTORS USED IN PROVIDING THIS WEBSITE BE LIABLE FOR DAMAGES OF ANY KIND (WHETHER DIRECTOR INDIRECT) ARISING OUT OF OR IN ANY WAY RELATED TO: (i) THE USE OR INABILITY TO USE THIS WEBSITE OR (ii) THE MATERIALS ACCESSED OR PURCHASED THROUGH THIS WEBSITE, WHETHER SUCH DAMAGES ARE ASSERTED ON THE BASIS OF CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY. IN NO EVENT WILL J D’E OR THE AFORESAID PARTIES IN THIS SECTION INCUR DAMAGES IN EXCESS OF THE COMPENSATION USER HAS PAID TO J D’E FOR ACCESSING AND USING THIS WEBSITE (INCLUDING WITHOUT LIMITATION ORDERING MATERIALS FROM THIS WEBSITE) DURING THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. 

Privacy 

Effective Date of Jardin d’ Eden Privacy Policy ~ October 27, 2022   
 

OVERVIEW 

In this Privacy Policy, the terms “J d’E”, “we”, “us” and “our” refer to Jardin d’Eden and the terms “User”, “you” and “your” refer to the User of this website. The term “device” as used in this Privacy Policy refers to any computer, tablet, smart phone or other device you use to access this website. Jardin d’Eden (J d’E) Privacy Policy describes the types of information that is collected, how it is used and when it may be shared with others. This policy addresses the access to, collection and use of, information obtained through this website for the purpose of enhancing J d’E’s ability to better serve you. It also demonstrates J d’E’s commitment to the privacy of its users. This Privacy Policy covers the following topics: 
 

* INFORMATION RECEIVED 

Voluntarily 

Automatically 

* TRACKING TECHNOLOGIES 

* USE OF THIS INFORMATION BY J d’E 

* SHARING THIS INFORMATION 

* TRACKING TECHNOLOGIES 

* POSTING COMMUNICATIONS TO J D’E’s WEBSITE 

* LINKS TO OTHER WEBSITES 

* ADDITIONAL DISCLOSURES 
 

INFORMATION RECEIVED 

Information You Voluntarily Provide To J d’E 

When you use this website, we collect information about you and the goods or services that you are interested in, such as ordering and paying for certain design clothing. This information may include your full name, username, email address, postal address, phone number, credit card number and other personal information that identifies or could reasonably be associated with you or an individual in your household.  

You may also provide us with personal information about other persons, such as name, phone number, and email address when you direct J d’E to send a gift card or e-gift. 

We do not sell, trade or rent such personal information. 

Information J d’ECollects Automatically 

We may collect information about your transaction on our website, including what articles of clothing you purchase, how frequently you visited the site and purchased certain clothing and the articles  of clothing you have requested that we deliver when “in stock”. We may collect information about your browser, e.g., your operating system, your internet service provider, your domain name, your internet protocol (IP) address, the web pages of the J d’E website (including date and time you view them) and other information recorded online. To collect this information J d’E may use various tracking technologies. 

TRACKING TECHNOLOGIES 

One tracking technology to collect information is called “Cookies”. Cookies are small data files that are stored on the device you use to access our website. Your web browser places cookies on its hard drives for record-keeping purposes. The cookies used on our website may be persistent or session based. Session cookie files are deleted when you log off the browser. In contrast, persistent cookies stay for a fixed period after logging off unless deleted by the User. Cookies contain information that can be retrieved later by a web server.  

This technology helps J d’E analyze and estimate web traffic and asses the volume of use and functionality on websites and mobile applications. When this technology is used for performance monitoring, no direct identifiable information is collected (e.g., your name, email address or phone number). You may decline or opt-out of tracking technologies, such as Cookies, by changing the setting on your browser. 

USE OF INFORMATION BY JARDIN D’EDEN 

We use this information for business and commercial purposes to provide the goods and services you request, to perform customer service functions, for security and fraud prevention, for marketing and promotional purposes and to perform website analytics. We may use the information: 

(i) To Provide Our Services such as process your purchases of certain articles of design clothing; (ii) support and improve our loyalty programs; (iii) To Communicate With You about orders, purchases, and programs; to post your communications on our websites; to send you personalized promotions; (iv) For Development and Improvement of Our Services; and (v) To detect Suspicious Activity or Investigate Fraud.  

SHARING INFORMATION 

J d’E may share information received with certain recipients, for example: cloud hosting providers for storage; third parties who assist J d’E in providing its goods and services to its Users; our communication staff to publish comments that you have provided for such purpose (See next section below); and governmental authorities where J d’E believes that it is legally required to do so. 

POSTING COMMUNICATIONS TO THE J D’E WEBSITE 

You may post communications to our website with the understanding that J d’E reserves the right, but not the obligation, to edit and/or delete portions or refuse to publish those posts which J d’E, in its sole  discretion, feels such posts: (i) are obscene, pornographic or the like; (ii) are false or misleading; (iii) are libelous, defamatory or otherwise disparaging; (iv) infringe the intellectual property rights of others; (v) contain software viruses or other malicious code; or (vi) violate the Jardin d’Eden Website Terms and Conditions.  

LINKS TO OTHER WEBSITES HAVE NO JARDIN D’EDEN ENDORSEMENT 

J d’E may provide links to other websites and/or resources which J d’E feels may be useful to its Users. These links are provided, solely, as a convenience to its Users.  

J d’E assumes no liability for the information practices of the other websites that you are able to access through the J d’E Website. These links to such other websites do not imply that J d’E affiliates with, or endorses, such other websites, including the information, goods or services on or available from such websites. J d’E is not responsible for the terms and conditions, including the privacy practices, the availability, quality of the goods or services of such other websites.  

You are encouraged to review the terms and conditions of such other websites, including their privacy policy, which will govern your use of their website. 

SECURITY 

We seek to employ commercially reasonable safeguards to protect against unauthorized access, alteration, disclosure or destruction of your personal information once the information reaches our system and is under our control. However, the internet is not 100% secure or error-free. We cannot guarantee the transmission of data over the internet to or from our website. Accordingly, J d’E does not ensure or warrant the security of any information transmitted to us or from our online goods or services. 

SMS Marketing and Notifications 
We value your privacy and the information you consent to share in relation to our SMS marketing service. We use this information to send you text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us. Our website uses cookies to keep track of items you put into your shopping cart, including when you have abandoned your checkout. This information is used to determine when to send cart reminder messages via SMS. 

 

Terms & Conditions 

Effective Date of Jardin d’ Eden Terms and Conditions  (“Terms”) ~ June 25, 2022 

These Website terms and conditions shall constitute the agreement (the “User Site Agreement”) between the User of this Site (“User”) and the Owner of the Site, Jardin d’Eden (aka “J d’E”) collectively, the “Parties”. 

WELCOME TO JARDIN D’EDEN 

In order to use this Website, It will be necessary for User to review and agree to these Website Terms and Conditions as provided below under “Access”.  

Access 

IT IS IMPORTANT THAT USER READ THESE TERMS AND CONDITIONS CAREFULLY SO THAT THE USER CAN BECOME FAMILIAR WITH J d’E, BE ABLE TO USE THIS WEBSITE, AND TRANSACT BUSINESS WITH J d’E. PLEASE NOTE THAT BY CLICKING THE ACCEPTANCE BUTTON USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS USER SITE AGREEMENT. IF USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS USER SITE AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED AND USER MAY NOT ACCESS AND USE THIS WEBSITE. 

Contact Information 

To learn more about J d’E and its creative designs on our collection of accessible interlinked pages, User is invited to contact J d’E. 

email ~ chpotts@jardindedenclo.com 

phone ~ (314) 947-0180 

Third Parties 

Periodically, individuals and entities other than J d’E (“Third   Parties”), may appear on this website. The materials of these Third Parties are provided for Users information only and are not endorsed,  sponsored, or recommended by J d’E.  

Right to Amend 

J d’Ereserves the right to change the   Terms,at any time, as and when J d’E, in its sole discretion, deems it necessary or beneficial for its designs or otherwise. Changes to the Terms and Conditions shall become effective 5 days after posting to the Website unless User clicks the non-acceptance button within the aforesaid 5 day period. So, please review for updates. 

User Representations 

User represents to J d’E that: (i) User is at least 18 years of age and has the power and authority to enter into this User Site Agreement and perform the obligations of User; and (ii) User is an authorized signatory of the credit or charge card provided to J d’E to pay for the materials ordered; or (iii) that User is the parent or legal guardian ofa minor and agrees to be responsible for the minor’s actions under this User Site Agreement. 

 

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