Terms and Conditions of Purchase

These Terms and Conditions of Purchase (these Terms or Terms of Purchase) are entered into by and between you and The White Orchid, dba, The Spruce House Inc., a Colorado corporation (The White Orchid, we or us). Your access to and general use of www.whiteorchidinestes.com (the Website) and your purchase of any products through the Website are subject to and governed by these Terms, which incorporate the separately posted Privacy Policy (as amended) and Website Terms of Use (as amended), as well as any modifications to these Terms issued by us, and all applicable laws and regulations other than as specifically provided in any separate formal purchase agreement between you and us.

These Terms apply to all of your online purchases from the Website and encompass the entire agreement between you and The White Orchid. These Terms supersede all previous understandings and agreements, whether oral or written, between you and The White Orchid and may NOT be altered, supplemented, or amended by you through the use of any other document(s). Any attempt to alter, supplement, or amend these Terms or to enter an order for product(s) subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and The White Orchid.

By using the Website and making a purchase on the Website, you agree to comply with the Terms and applicable laws and regulations in connection with your use and purchases on the Website. Please read these Terms, the Terms and Conditions of Use, and the Privacy Policy so that you understand our policies. If you do not agree with these Terms, the Terms and Conditions of Use, or the Privacy Policy, please do not use this site.

The White Orchid shall have the legal right at any time, without prior notice, and at our sole discretion, to revise these Terms or impose new terms and conditions with respect to access to or use of the Website and/or purchases made on the Website. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Website. You should check these Terms periodically for any modifications or revisions. Continued use of the Website after we post changes to these Terms constitutes your acceptance of the changes.

Order Acceptance

An order is not binding until it is accepted by The White Orchid. For an order to be accepted by us, payment must be received and approved, the designer must accept order and issue a confirmation, and the designer must confirm order is deliverable in a reasonable time before your event. The White Orchid and the designer will establish what is a reasonable time.

Ordering Once your order is placed with the designer, it will take approximately 10 Ð16 weeks for delivery of bridal gowns and bridal party apparel. Allow approximately 2 Ð 6 weeks for delivery of accessories. We recommend completing your order promptly, as designers may discontinue styles and colors or increase prices with or without notice. You should also allow extra time for alterations and a possible replacement, if a flaw or problem occurs. If your order cannot be completed within the designerÕs normal delivery time, rush cut and rush shipping charges may be applicable. See individual product or designer pages for details. If you have any questions regarding delivery times, please contact us at info@whiteorchidinestes.com.

Size Selection

WE RECOMMEND HAVING A PROFESSIONAL TAKE ALL OF YOUR MEASUREMENTS. For more information, view our Measurement Guide. On the Website you will find size charts for each designer. The designerÕs sizing chart establishes a standard size. Your measurements are taken to determine the closest size. The dress you order will not be custom-made to your exact measurements, therefore alterations will be necessary to custom fit the dress. It is extremely important that you order a size to fit the largest part of your body. If you are in between sizes, the designer recommends ordering the larger size and having the dress altered down. Dresses cannot be exchanged for a different size once ordered. We are not responsible for measurements sent online or changes to your size for any reason, including but not limited to pregnancy, weight loss or weight gain. If a dress is too small for whatever reason, time permitting, extra fabric can be ordered from customer service at an extra charge. Please note that extra fabric may be cut from a different bolt of fabric, which may result in a slight dye lot variation from your dress(es). Please read the Dress Colors and Swatches section below for more information on colors.

Non-standard options are listed on each product page along with associated additional charges. Examples of non-standard options include extra length for customers 5Õ8 or taller including heel height, additional charges for sizes 18+, petite (P) or WomenÕs (W), and hollow to hem. Please review the applicable product page for details.

For detailed information about sizing, visit our Measurement Guide section.

Dress Colors and Swatches

Online images of product colors and actual dress and swatch colors may vary due to display and monitor settings. For products available in multiple colors, the color names will be displayed on the product page. Colors vary from designer to designer. Colors with the same name that are available through multiple designers will not have an exact dye lot match. Similarly, different style dresses from the same designer may not have an exact dye lot match as they are cut from a different bolt of fabric.

To match multiple bridesmaid dresses, you must order the same style and color dress and order the dresses all together. For example, if you have 4 bridesmaids in your wedding party, select the style of dress, size and any other ordering information for each bridesmaid. Once all the dresses are in your shopping cart, follow the checkout instructions until your order is complete. If each bridesmaid dress is ordered separately, the designer cannot guarantee a dye lot match.

Some dresses are all one color. Others have a different color trim, lace, sash, belt, or liner. Please verify your color selection before placing an order, as we are not liable for mistaken color selections.

Please contact customer service with questions regarding dress colors at info@whiteorchidinestes.com.

Delivery

Storage, alterations, and pressing are not available for online orders. When we receive your merchandise, we will inspect it for style, color, size and defects, then ship the merchandise directly to the shipping address provided when you placed your order. You will be sent an email with tracking information and will be required to sign for the package once received. If a package is returned to us undeliverable, you are responsible to pay the re-shipping and handling of the merchandise. If your email address and/or shipping address changes, it is your responsibility to notify us.

Shipping and Handling

We ship to almost any address in the world. Carriers do not always deliver to select countries and certain products cannot be shipped to international destinations due to designer restrictions. Most product pages and designer pages state any possible shipping restrictions. If you order an item that we are unable to ship to your destination, we will contact you with any alternative shipping methods or provide the option to cancel the undeliverable items.

We ship packages via FedEx, UPS and United States Post Office. Your package will be shipped using the most efficient and cost effective carrier to your address. Shipping and handling costs depend on the shipping method you choose (Standard, 2 day, next day, etc.), the weight of the item, and the destination. Depending on your location, several shipping methods may be available. For merchandise shipping outside the continental U.S., our shipping and handling rates cover the cost to ship your merchandise. It does not cover any VAT taxes, customs, or duty charges a country may impose on the receiver of the package. Legal title to purchased products passes from The White Orchid to you upon shipment from our facility, and we are not responsible for any loss or damage that occurs during shipping. For more information regarding shipping, view our in depth shipping section.

A signature is required for your package to be delivered. Therefore we strongly recommend using a shipping address that has a receiving person to sign for the package. When the package leaves our shipping department, you will be emailed the carrierÕs name, tracking number and the shipping date. To receive the package in a timely manner, we suggest using a work address or residence where someone can sign for the package.

For bridesmaid orders, we highly suggest shipping the entire order to the bride, where she must inspect the merchandise for proper style, color and sizes, so any concerns can be addressed within 5 days of receipt. If you choose to ship merchandise to an individual attendant(s), please contact customer service at info@whiteorchidinestes.com to make arrangements. Each separate address will be charged a $20 shipping and handling fee (Continental U.S. Only).

Defective Merchandise

All special ordered merchandise is brand new from the designer. Once we receive your merchandise we will carefully inspect the gown for correct style, sizes, colors, and defects and immediately ship the merchandise to you. Upon receipt you must inspect your merchandise immediately. If you feel your merchandise is defective, you must contact us within 5 days of receiving the merchandise for a return authorization at info@whiteorchidinestes.com. Please explain in detail your issue or concern. If we determine that your claim of defect is valid, our customer service department will issue you a return authorization number. All merchandise must be returned in the condition it was sent (brand new condition), with tags attached and unworn. Once received, our customer service representative will inspect the merchandise for defects and, if applicable, contact the designer to repair or replace your merchandise. If we find that the merchandise is not defective or has been misused, the merchandise will be shipped back to you. We will incur shipping charges on defective merchandise, but we will NOT incur shipping charges on merchandise that is found not defective or misused.

Force Majeure

We shall not be liable for any delay or failure to perform any of our obligations to the extent such delay or failure is due to circumstances beyond our reasonable control, including but not limited to, fires, floods, explosions, accidents, acts of God, declared and undeclared wars or riots, strikes, lockouts or other concerted acts of workmen, acts of government, shortages of materials or any government act, omission, regulation, license, order or rule.

Limited Liability

Most products are special ordered from the designer. All products that are special ordered may be subject to delays in manufacturing, shipping or unavailability of styles or colors ordered. Our legal liability for non-delivery of these items by the event date, for whatever reason, is limited to a full refund of the retail price you paid for those items.

IN NO EVENT WILL The White Orchid BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND SUSTAINED FROM ANY CAUSE RELATING TO THE PRODUCTS SOLD ON THE WEBSITE OR ARISING OUT OF ANY LEGAL THEORY, WHETHER CONTRACT, NEGLIGENCE OR STRICT TORT LIABILITY. IN NO EVENT SHALL The White Orchid BE LIABLE TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE PRODUCTS SOLD ON THE WEBSITE, IN AN AMOUNT EXCEEDING THE PURCHASE PRICE OF THE PRODUCTS PURCHASED ON THE WEBSITE. ANY LAWSUIT BY YOU AGAINST THE WHITE ORCHID OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES, ARISING OUT OF OR RELATING TO THE SUBJECT PRODUCTS, MUST BE FILED WITHIN ONE YEAR FROM SHIPMENT OF THE PRODUCTS BY THE WHITE ORCHID.

Special Offers and Promotional Codes

The White Orchid may periodically present special offers with the purchase of selected merchandise. These special offers will be displayed on the product page of qualified merchandise. To receive a special offer, you will need to add the selected merchandise into your shopping cart and follow the steps until you complete the order process. Once we receive your order, we will send you a promotional code at or near the time you receive your estimated ship date (within 10 business days). Before we can issue you a promotional code, we must first confirm your order can be delivered in a reasonable time before your wedding. This promotional code is a one time use on any future purchases.

We sometimes make available an alphanumeric code that can be used for promotions on the Website. These promotional codes may be found in print and/or online advertisements, through our newsletter, presented on the Website or circulated at events and through other means. Some of the specials offered by entering a promo code during checkout include free shipping, volume discounts, free gifts or complimentary rush cut processing. The provisions for a promo code will be included with the code itself. If an expiration date or other condition is stipulated, please reference where you acquired the code for the exact requirements. Please note that promo codes are not redeemable for cash, and you must spend more than the discount price in order for a promotion to be applied. For example, if a promo code offered $100.00 off your next purchase, you would need to spend $100.00 or more to redeem your discount. You cannot use more than one promotion code per order. We reserve the right to cancel or modify promotions at anytime with or without notice.

Payment Method

Through our shopping cart we accept Visa, MasterCard, American Express, Discover and Pay Pal. If you order by mail using our printable order form, we also accept check and money order. All payments must be in U.S. currency only.

Pricing

While The White Orchid strives to provide accurate pricing information, pricing or typographical errors may occur. We will not confirm the price of an item until you place your order. In the event that an item is listed at an incorrect price, we have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is priced incorrectly, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

We do our best to provide you with the lowest possible prices on the Website as well as in our store. However, our online prices may not match the in-store price for the same products, for reasons due in part to the additional services and products we provide only in-store.

Taxes

The White Orchid does not charge sales tax for any products shipped outside the state of Colorado. All orders shipping within Colorado will be charged the appropriate state and local sales taxes. You are solely responsible for any use taxes due in connection with taxable products purchased.

International Orders

Shipments to destinations outside of the United States may be subject to additional taxes and fees, including but not limited to customs fees, excise taxes, and import duties. You are responsible for paying all such additional charges. You are also responsible for ensuring that the products you ordered may be legally shipped into the destination country. We are not responsible for any shipments that are seized, confiscated or destroyed by government authorities in connection with an international shipment.

Content

The White Orchid attempts to be as accurate as possible in its product descriptions; however, designers from time to time may make changes with or without notification. We do not warrant that product descriptions and other content of the Website are accurate, complete, reliable, current, or error-free. If you find a product is not as described, please contact us at ifno@whiteorchidinestes.com.

Return / Refund Policy

Online merchandise cannot be returned to our store, we accept online merchandise returns via mail only. Should you need to return an item purchased online, please review the complete details below to determine if any special conditions or restocking fees apply.

Online merchandise that cannot be returned

Special custom ordered bridal or evening gowns such as hollow to hem, special measurements, discontinued gowns, or in-stock samples.- Bridesmaid dresses- Personalized or dyed items

Dressess

We accept returns on new dresses (excluding bridesmaid dresses) in their original condition Ð unworn, unwashed, unaltered, undamaged, clean and free of lint and hair Ð and must have tags intact and still attached. All returns must be with 10 days of when the shipment was delivered by the carrier. All returned dresses will have a 50% restocking fee applied to the full purchase price of the dress. Returned dresses will void any promotional codes and any merchandise purchased using a promotional code will be charged the full retail price.

Accessories

If, for any reason, you are not completely satisfied with your accessory order, whiteorchidinestes.com will happily exchange the item or refund the purchase price of accessories with no restocking fee (Personalized or dyed items are excluded). Returnable items must be sent back within 10 days of when the shipment was delivered by the carrier and in their original condition and must have any tags intact and still attached.

Shipping Responsibility

Shipping costs are the responsibility of the customer and are not refundable. No credit is given for lost packages being returned to weddingshoppeinc.com. Non-returnable merchandise sent back to us will not be returned, and no exchange or credit will be issued.

Obtaining a RA number

To request a Return Authorization (RA) for an item please contact customer service at 1-970-586-9905. Returns will not be accepted without a RA number. RA numbers will expire after 14 days, and the items will not be accepted if it returned after that time.

Governing Law and Arbitration

These Terms shall be governed by the laws of the State of Colorado law without regard to its conflicts of law provisions. All claims and controversies arising from or relating to these Terms shall be and conclusively resolved by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and any judgment upon any award rendered by the arbitrators may be entered in any court having jurisdiction. All questions as to the meaning of these Terms or as to the arbitrability of any dispute under these Terms shall be resolved by the arbitrators and their decision shall be final and binding and not subject to judicial review. All arbitration proceedings shall be conducted in Larimer County, Colorado. Costs of such arbitration proceedings shall be evenly split between The White Orchid on the one hand, and the party or parties adverse to The White Orchid on the other hand. You hereby irrevocably and unconditionally consent to the sole and exclusive jurisdiction of the courts of the State of Colorado and of the United States of America located in the State of Colorado for the enforcement of any arbitral award, waive any objection to the laying of venue of any such litigation in such court, and agree not to plead or claim in any such court that such litigation has been brought in any inconvenient forum.

Intended for Users Over 16

The Website is intended for use by individuals 16 years of age or older. The Website is not directed for use by children under the age of 16. Users under the age of 16 should not use this Website.

Termination of Use

We may occasionally find it necessary to restrict the rights of some or all users to access the Website, either temporarily or indefinitely. We reserve the right to limit or revoke your access to the Website in our sole discretion, at any time, and for any reason, including, but not limited to tampering with the Website; misrepresenting your identity or otherwise conducting fraudulent activity on the Website; any violation of these Terms; or in the event of Website corruption or other technical difficulties. In the unlikely event that we must limit your access to the Website, we assume no responsibility or liability for any losses, damages or other consequences of any kind resulting from your inability to access the Website.

Disclaimers and Limitation of Liability

THE MATERIALS ON THE WEBSITE ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED THROUGH THE WEBSITE, YOUR USE OF OR RELIANCE UPON THE WEBSITE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION.

YOU ACKNOWLEDGE THAT IN CONNECTION WITH YOUR USE OF THE WEBSITE, INFORMATION WILL BE TRANSMITTED OVER NETWORKS, ROUTERS, SERVERS AND OTHER DEVICES OWNED, MAINTAINED OR SERVICED BY THIRD PARTIES OVER WHICH WE HAVE NO CONTROL. ACCORDINGLY, WE WILL NOT BE LIABLE FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE.

Propritary Rights

All content included on or comprising the Website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, Content) is protected by and subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by The White Orchid, one of its affiliates, or by third parties, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and The White Orchid owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.

You may not use material displayed on the Website for any commercial purposes without the written permission of one of our authorized representatives. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.

The White Orchid logos and other trademarks on the Website are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by The White Orchid and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

User Submissions and Content

Please choose carefully the information you post on the Website and that you provide to other users. You are responsible for the content of your communications, and the consequences of any such communications. By submitting audio, visual, graphical, textual or other content, including your member name (collectively, Member Content), to any area of the Website, you grant The White Orchid a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display such Member Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any user to access, display, view, store and reproduce such Member Content for personal use.You are prohibited from providing on the Website any business solicitations, nudity, obscenity, lewdness, excessively violent, unreasonably offensive, harassing, sexually explicit or otherwise objectionable or illegal subject matter, or content that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, including intellectual property law, or encourage the use of controlled substances (collectively, the Prohibited Content).

This list of Prohibited Content is not intended to be all-inclusive and The White Orchid reserves the right to, in its sole discretion to determine what may be considered Prohibited Content and whether any content, including Member Content, is appropriate and complies with these Terms and Conditions. Despite this prohibition, if information provided by other Website users contains Prohibited Content, The White Orchid assumes no responsibility or liability for such Prohibited Content. Such actions shall constitute a material breach of these terms and conditions and shall permit The White Orchid to revoke your user privileges and/or delete any postings or other content submissions that violate the above terms and The White Orchid shall cooperate fully with any law enforcement officials and/or agencies in the investigation of any violator or violators. You are solely responsible for your own Member Content and the consequences of posting or publishing them. The White Orchid does not endorse any Member Content or any opinion, recommendation, or advice expressed therein, and The White Orchid expressly disclaims any and all liability in connection with Member Content. If you become aware of misuse of the Services by any person, contact info@whiteorchidinestes.com.

Third Party Websites; External Links to the Website

As a convenience to you, The White Orchid may provide links on the Website to websites operated by other entities. If you use these sites, you will leave the Website. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The White Orchid makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that The White Orchid or the Website sponsor(s), endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of The White Orchid or any of its affiliates or subsidiaries. All links to the Website must be approved in writing by The White Orchid.

Suggestions, Advice and Recommendations

The Website and the content posted on the Website may contain suggestions or advice regarding a variety of topics, as well as recommendations regarding third party vendors or service providers. These suggestions, advice, and recommendations are offered by The White Orchid for the entertainment and convenience of our visitors, but may not necessarily be suitable for you. The White Orchid does not represent, warrant or guaranty that if you choose to follow or implement such suggestions, advice, or recommendations that you will achieve the same results, or that you will be satisfied by the results. We will not be liable for any such suggestions, advice or recommendations, or from any alleged liability resulting therefrom (see Disclaimers and Limitation of Liability), or for any product or service offered by or purchased from any entity other than The White Orchid (see Third Party Websites; External Links to the Website).

Security

The Website may only be used for lawful purposes. Activities including, but not limited to, tampering with the Website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Website are prohibited. If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website.

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) using the Website for unintended purposes or trying to change the behavior of the Website; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Website, overloading, flooding, spamming, mailbombing or crashing; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (f) forging communications on behalf of the Website (impersonating the Website) or to the Website (impersonating a legitimate user); (g) accessing, navigating or searching the Website through the use of any automated or electronic devices, including but not limited to browsers, spiders, robots, avatars or intelligent agents, or any other similar technology either now know or hereafter developed, other than search agents provided by The White Orchid or generally publicly available Internet browsers; (h) soliciting, facilitating, encouraging or agreeing to provide access to or otherwise remarket or redistribute, or take affirmative steps to allow or permit such access to, or remarketing or redistribution of, any Website content or data to any third party, through any process, including but not limited to screen scraping, spiders, web "bots" or other device, technology, software or system now known or hereafter discovered; or (i) sending unsolicited and unauthorized e-mail on behalf of The White Orchid, including promotions and/or advertising of products or services.