TERMS OF USE FOR ESCHMITTEBRAND.COM

Welcome to the Eschmitte’ website (Site). Please review the following basic terms that govern your use of, and purchase of, products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").

PRIVACY

eschmittebrand.com respects our customers' account information as private and confidential information and will never share this with any outside affiliations or individuals. Your information (we don't store your fullcredit card number) is secured and encrypted with the Secure Socket Layer Software via PayPal.

GENERAL

We may, from time to time, change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed.
We may change, move or delete portions of, or may add to, our Site from time to time.

PRODUCT INFORMATION

Most Eschmitte’ products displayed on the Site may at times be available in select stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in stores. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.

DELIVERY

Purchased items will typically be shipped within 5 - 7 business days of the order. Domestic orders are shipped via USPS Priority mail and will typically have ship times of 5 - 7 days. If after 14 days, you have not received the item(s) you purchased, please notify info@eschmittebrand.com. When applicable, Buyer assumes any and all duties and customs costs for orders shipping outside of the U.S. and will be contacted in advance should additional charges need to be made. Eschmitte’ is not responsible for any lost, stolen or damaged shipments.

PRICES, SHIPPING & HANDLING CHARGES

All prices at the time of check-out include charges for merchandise, plus shipping and handling or taxes, if delivered to customers within the United States. For customers outside the United States, additional charges may apply. Please email info@eschmittebrand.com if this is the case.

PRODUCT AVAILABILITY

Although availability may be indicated on the Site, we cannot guarantee product availability and products may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or we may cancel your order entirely. In the event that a purchased product is not available, we will contact you via email and refund you the entire amount of your purchase. Similarly, in the event that we cancel a order, we will contact you via email and refund you the entire amount of your purchase, if applicable.

RETURN/EXCHANGE POLICY

Refunds will be given only if the merchandise is returned to Eschmitte’ (in its original packaging) within 10 days of your receipt of the merchandise and the merchandise has not been worn or washed. All original tags must be affixed to the merchandise and in their original condition. Exchanges will be made only if the merchandise is returned to Eschmitte’ (in its original packaging) within 10 days of your receipt of the merchandise and the merchandise has not been worn or washed. All original tags must be affixed to the merchandise and in their original condition. For both Refunds and Exchanges, you must provide notice to service@eschmittebrand.com of any problems or concerns with your merchandise within 2 days of your receipt of the merchandise. Eschmitte’ is not responsible for any return shipping costs. Failure to comply with our return/exchange policies will result in a denial.

COLORS

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. Thus, we will not be liable for any perceived difference in colors as described above.

SITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Eschmitte’ Brand Clothing collectively, and its subsidiaries and/or affiliates ("Eschmitte’"). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Eschmitte’.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Eschmitte’ on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Eschmitte’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Eschmitte’ of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Eschmitte’ will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Eschmitte’ is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree that Eschmitte’ may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Eschmitte’ may use your information for marketing and promotional purposes.

ESCHMITTE’ COMMUNICATIONS TO YOU

You agree that Eschmitte’ may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Eschmitte’ products or services, or for such other purpose(s) as Eschmitte’ deems appropriate.

DISCLAIMER

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT ESCHMITTE’ SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

INACCURACY DISCLAIMER

From time to time there may be information on eschmittebrand.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your eschmittebrand.com purchase you may return it with your invoice. Please see our Return Policy above.

INDEMNIFICATION

You agree to defend, indemnify and hold Eschmitte’ harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

MISCELLANEOUS

Unless otherwise specified and except to the extent Eschmitte’ products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Eschmitte’ products and services available in the United States and select foreign markets. This Site is controlled and operated by Eschmitte’ from its office in Chicago, Illinois.
This Agreement shall be construed in accordance with the laws of the State of Illnois, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Illinois, County of Cook.

TERMINATION

This Agreement is effective unless and until terminated by either you or Eschmitte’. You may terminate this Agreement at any time. Eschmitte’ also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Eschmitte’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Eschmitte’, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

Thanks for visiting eschmittebrand.com. We hope that you enjoy the site.

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