Terms & Conditions

Welcome to the berryjane.com web site ("Site"), the online store of Carmichael and Company Garments. and its wholly owned brands Berry Jane, The Queen’s Daughter and Little Baba. Berryjane.com and Carmichael and Company Garments. are hereinafter collectively referred to as “C&Co. Garments”
Please review the following basic terms that govern your use of this Site and online shopping.
Your use of our Site constitutes your agreement to be bound by the terms contained herein (the "Agreement") as well as your acceptance of the terms of our Returns and Exchange Policy for Online Purchases and the terms of our Order Cancellation Policy, which are all incorporated by reference and set forth as part of this Agreement.


General 

From time to time we may change the terms that govern your use of our Site, and occasionally we may change, move portions, delete and/or add portions to our Site. Your use of our Site following any such change shall constitute your agreement to the terms as changed.



User submissions are property of C&Co. Garments 

All of your comments, letters, postcards, feedback, suggestions, ideas, and other submissions submitted or offered to C&Co. Garments through this Site or submitted in connection with your use of this Site (collectively, "Comments") shall be and remain C&Co. Garments's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to C&Co. Garments of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.
Thus, C&Co. Garments 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. C&Co. Garments 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 acknowledge and agree that no Comments submitted by you to the Site violate any third party's rights including copyright, trademark, privacy or other personal or proprietary right(s).
You also acknowledge and 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 or submit.

You agree that C&Co. Garments 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 C&Co. Garments may use your information for marketing and promotional purposes.



Our electronic promotional and marketing communications to you 

You agree that C&Co. Garments may send electronic mail ("email and text messages") to you to advise you of any changes or additions to this Site, about any of C&Co. Garments's products or services, or for such other purpose(s) as C&Co. Garments deems appropriate.
You acknowledge that you understand that you have the option to "Opt Out" of receiving such email and text messages for promotional or marketing purposes, and that your choice not to Opt Out will place you on the list of recipients to whom such promotional or marketing emails and text messages may be sent.
You agree to hold harmless C&Co. Garments and its affiliates from any and all financial liability for charges related to emails, cell phone text messages, or other such charges that you may incur as a result of receiving such promotional and marketing emails and text messages from us.



Product information 

Most C&Co. Garments products displayed at the Site are available in select C&Co. Garments stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in C&Co. Garments stores. The prices displayed at the Site are quoted in U.S. Dollars.



Product images: colors, styles and appearances may be different

We have made every effort to display as accurately as possible the colors, styles and appearances of our products that appear on our 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. You agree to hold harmless C&Co. Garments and its affiliates for any and all discrepancies or differences in color, style and/or appearance between products shown on the Site and actual products that you receive. You agree that you expressly and knowingly assume the risk of receiving a product that is not an exact match to the color, style or appearance of that product shown on the Site.



Links to other web sites 

To the extent that this Site contains links to outside services and resources, the availability and content of which C&Co. Garments does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.



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 BERRYJANE.COM, C&CO. GARMENTS, BERRY JANE, CARMICHAEL AND COMPANY GARMENTS, LLC. AND ITS AFFILLIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.


Inaccuracy disclaimer 

Occasionally there may be information on berryjane.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 berryjane.com purchase you may return it with your invoice to berryjane.com. Please see our Return Policy.


Indemnification 

You agree to defend, indemnify and hold harmless berryjane.com, C&Co. Garments, Berry Jane, and Carmichael and Company Garments. 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 C&Co. Garments products are offered for sale through this Site in the United States, this Site and the Contents thereof are displayed solely for the purpose of promoting C&Co. Garments's products and services available in the United States and select foreign markets. This Site is controlled and operated by C&Co. Garments from its offices in Dallas, TX.

This Agreement shall be construed in accordance with the laws of the State of Texas, 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 Texas, County of Dallas and/or Northern District of Texas.

Termination 

This Agreement is effective unless and until terminated by either you or C&Co. Garments. You may terminate this Agreement at any time. C&Co. Garments 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 C&Co. Garments'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 C&Co. Garments, 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.

If you have any questions or comments please contact us at 

customerservice@berryjane.com
Domestic Calls 818.334.0791