Terms & Conditions

Welcome to the Utopiat web site (“our”, “we”, “us”, or “the Site”).  Utopiat provides this site as a service to its customers. Please read the following terms of service (“Terms”) as they govern your use of our site.  By using this site in any way, you agree to follow and be bound by the following rules below.  If you do not agree to these Terms, please do not use this Site in any way.

Additionally, Utopiat reserves the right to modify these Terms at any point in time, without prior notification.  Site users must agree to and accept these changes accordingly. Please review this page periodically for changes. Any use of our Site at any time establishes full acceptance of our service Terms.

 

Description of Service

Utopiat is an online merchant of exclusively designed, eco conscious goods, offered at great values to the consumer. Membership allows customers to purchase a variety of products, from accessories to essentials, exclusively offered to our members monthly.

 

Usage Restrictions

All content appearing on the Utopiat web site, including all visuals, text, audio and video clips are subject to copyright protections and /or other intellectual property rights or licenses held by Utopiat.  The entire content of the Utopiat web site is copyrighted as a united work, under U.S. copyright laws.  Utopiat grants you a limited license to access and make individual use of the content on this website.  Content of the Utopiat website is intended solely for the individual, noncommercial use by the users of our Site.

 

Membership Eligibility

Membership for Utopiat.com is free. However, our membership services are not available to users who, at our discretion, have been suspended or removed from the Utopiat systems. Members agree to all terms of service and must only apply for membership if eligible.

 

Notice: Utopiat may contact you or offer service-related and or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information you have provided to us.

 

Pricing Policy

At Utopiat, we are committed to providing our customers with the highest quality products at reasonable prices.  Our products are sold solely online, in limited quantities and availabilities. We have done our best to display our items as precisely as possible on the Site.  Please note, variations in style, color, size, shape and look may occur.  If you are not satisfied  with your purchase, please review our Shipping & Returns section for further assistance.

All prices on our site are listed in U.S. currency (USD).

 

Charge backs and Disputes

You agree to contact us before disputing any charge against the method of payment specified, which is commonly referred to as a "chargeback". Chargebacks on credit cards or any other form of payment provided to us will be researched and disputed if, in our reasonable opinion, the chargeback is not justified. You acknowledge and agree that if purchases were made with us, chargebacks are unlawful. Any chargeback will automatically invoke the following per-occurrence fees without exception. A $50 administration fee, a $25 chargeback fee, and a $50 recovery fee. These fees, along with any disputed charges. If these fees are not paid within 30 days, any data provided to us by the customer will be considered the property of the site. In the event of a chargeback, we may need to provide relevant information to a 3rd party for the purposes of recovering the debt or for the pursuit of civil or criminal proceedings.”

 

Referral Program

Registered Utopiat customers can earn a $25 referral credit when they share their personalized referral link. This credit is applied after the referred customer's first purchase only. To qualify for the credit, the referred customer must click on the referrer’s unique link, create a new Utopiat account, and place an order via the website. Referral credit is granted as Utopiat ‘store credit’ to the referrer’s account and is non-transferable.

We reserve the right to review, investigate, and remove referral credit as well as suspend users or accounts in instances we identify behavior we believe to be abusive, fraudulent, or not aligned with the spirit of the program, such as:

1. Attempts to gain credit through self referral by opening multiple accounts using different email addresses

2. Credit gained by referring customers through paid advertising, sponsored links, posting to commercial sites, or spamming

 

Violation of these terms or outlined Utopiat terms of service

You’re encouraged to share your referral link with friends and family and through social media outlets. However, you must not, without permission, include Utopiat trademarks or engage in activity that may be regarded as misleading to Utopiat customers.

 

International Shipping

The goods will be imported on behalf of the consignee/ebuyer.  The consignee authorizes Utopiat to import the goods on their behalf.  The consignee/ebuyer agrees that Utopiat may delegate the obligation to import the goods on his behalf to a subcontractor (such as a customs broker).  The consignee will pay all taxes & duties in addition with the purchase price of the goods.

 

Site Use

You may not access or use the Utopiat website for any illegal or unauthorized purpose. Harassment in any manner or form of the Site, including via e-mail and chat or by obscene or abusive language, is strictly forbidden at any time.  Although Utopiat cannot monitor the conduct of its users, it is a severe violation of these Terms to use any information obtained from our Site in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.

Also, you agree that no comments or other user submissions submitted by you to the Utopiat website will violate any right of any third party, including copyright, trademark, privacy or other personal rights.  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 any content of the comments you make.

 

User Submissions

Utopiat strives to create an interactive connection with the members of its Site and services. User comments, response, suggestions, thoughts, and other submissions disclosed, submitted or offered to Utopiat on or by this Site shall be and remain Utopiat property.  Users assign all property rights and interests to Utopiat allowing our company unlimited use, commercial or otherwise, of any comments. Furthermore, Utopiat shall be under no obligation (1) to maintain any comments in confidence; (2) to pay to users any compensation for any comments; or (3) to respond to any user comments.

 

Rectification of Site Errors

The information on the Utopiat website may contain certain typographical errors or inexactitudes.  We reserve the right to revise any information we see fit at any time without prior notice.  Please note that such errors may relate to product information, pricing and availability.  In these instances, we shall have the right to terminate any orders concerning pricing errors or inaccuracies.  We apologize for any inconveniences.

 

Indemnity

By use of this Site, you agree to indemnify and hold Utopiat (and its officers, directors, agents, subsidiaries, joint ventures, and employees) free from any claim or demand, as well as losses, expenses, damages and costs, resulting from any defilement of these terms of service or any action related to your account (including neglectful or unfair conduct).

 

Modification/Termination of Website

In the event of termination, you will still be bound by your commitments under these terms of service, including the warranties made by you, and by the disclaimers and limitations of liability.  Utopiat shall not be liable to you or any third-party for any termination of your access.

 

Third Party Links

To improve our Site, Utopiat may use and promote services provided by third parties. However, even if the third party is affiliated with Utopiat, we do not govern these services and make no representations regarding these individuals or entities. We are not liable or responsible for the accuracy, completeness, promptness, dependability or availability of any such parties.  Outside sites linked on our Site, all of which have distinct privacy and data gathering practices, are only for your convenience and you access them at your own risk.

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD PARTY WEBSITE.

 

DISCLAIMER OF WARRANTY

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT ANY GUARANTEES OR WARRANTY. IN CONNECTION WITH ALL CONTENT, PRODUCTS AND SERVICES ON THIS SITE, EVERLANE MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. USE OF THE PRODUCT BY A USER IS AT THE USER’S RISK.

 

LIMITATION OF LIABILITY

EVERLANE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS AND SERVICES ON THIS SITE OR THE PERFORMANCE OF ANY ITS PRODUCTS (EVEN IF EVERLANE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).