Terms & Conditions

Terms of Use

Welcome to the Melissa Sears website (melissasears.net), hereinafter referred to as the "Site". The Site is provided as a service to our customers. Please review the following terms and conditions of use, including an Arbitration Agreement, which govern your use of the Site (the "Agreement").

YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Site Contents

Unless otherwise noted, the Site, and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Melissa Seas Ltd. Melissa Sears trademarks appearing on the Site are the trademarks of Melissa Sears Ltd.

The Site and the Contents are intended solely for personal, non-commercial use. 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 Content 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 exploit in any way any of the Contents or the Site.

Unless otherwise specified, the Site and the Contents are intended to promote Melissa Sears Ltd.'s products and services available in The Bahamas. The Site is controlled and operated by Melissa Sears Ltd. from its office in Nassau, Bahamas.

Product Information

The prices displayed on the Site is quoted in Bahamian Dollars.

We have made every effort to display as accurately as possible the colors and styles of our products that appear at the Site. We cannot guarantee that the display of any color or style on your computer or mobile device will be accurate.

All prices listed clearly indicate whether or not they are VAT inclusive. In the Case of the shopping cart the applicable tax may be separated from the item price and listed as a separate line item.

Errors, Inaccuracies, and Omissions

Information on our Sites may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

User Comments, Feedback, and Other Submissions

Melissa Sears Ltd. is pleased to hear from you and welcomes your comments regarding our products and services. While we value your feedback, we are unable to accept or consider any creative ideas, suggestions, proposals, plans, or other materials submitted by you (collectively, “Proposals”) other than those we have specifically requested.

If you send certain specific submissions at our request (for example, contest entries, customer reviews or photographs), or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use your Comments in any medium. Melissa Sears Ltd. is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay compensation for Comments; or (3) to respond to Comments. We have the right but not the obligation to monitor and edit or remove any Comments.

Personal Information Submitted Through the Sites

Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Site (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

In-Store Pickup

Customers may choose the “Pickup in-Store” option when checking out. This feature allows you to buy a particular item online and pick it up in a selected store, subject to availability. Clicking on the feature will include a form on the checkout page which collects your name and email, and optionally your mobile number. This information will be used by Melissa Sears Ltd. to contact you by email about the status of your Pickup in Store Purchases. We may use this information as described in our Privacy Policy, however we will not use the contact information obtained through the Pickup in Store feature to send you any other marketing communications besides your Reserve in Store status updates unless you consent to receive marketing.

Right to Change Sites

We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

Links to Other Websites and Services

The Site may contain links to other websites that are not under the control of Melissa Sears Ltd.  Melissa Sears Ltd. has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. If you use the links, you will leave the Site and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for your convenience and information.

Indemnification

You agree to defend, indemnify and hold Melissa Sears Ltd. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, due to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.

General

This Agreement shall be governed by the laws of The Commonwealth of The Bahamas without regard to choice of law principles. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Melissa Sears Ltd.'s right to require strict observance of each of the terms herein. This Agreement constitutes the entire agreement between us relating to your use of the Site.