Terms of Service
Effective Date: 5/24/2024
Welcome to the Erica Dawn Publishing ("Erica Dawn") website ("the Site," "we," "us," or "our"). Erica Dawn 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, you agree to follow and be bound by these Terms as well as any other terms, guidelines, or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms, please do not use this Site in any way.
Additionally, Erica Dawn reserves the right to modify these Terms at any time without prior notification. Site users must agree upon and abide by these changes accordingly. Please review this page periodically for changes. Any use of our Site at any time constitutes full acceptance of our service Terms.
Privacy
We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information.
Usage Restrictions
All of the content that appears on the Erica Dawn website, including all visuals, text, audio, and video clips, are subject to copyright protections and/or other intellectual property rights or licenses held by Erica Dawn. The entire content of the Erica Dawn website is copyrighted as a collective work under U.S. copyright laws. Erica Dawn grants you a limited license to access and make personal use of the content on this website. Content of the Erica Dawn website is intended solely for personal, noncommercial use by the users of our Site. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at hello@ericadawn.com.
Ordering
All orders of Products must be for personal use only. By purchasing Erica Dawn's products, you hereby agree not to resell, distribute, or use such Products for any commercial purposes. All orders are subject to cancellation based on Product availability, noncompliance with this Agreement, or any other reason as determined in our sole discretion. If we have reason to believe that your order is not for personal use, we reserve the right to cancel the order. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will refund any orders that we cancel or do not process.
Trademarks
All trademarks, service marks, and trade names (collectively the "Marks") that appear on this Site are proprietary to Erica Dawn or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Erica Dawn, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
Limited License and Site Access
We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
Membership Eligibility
Membership for EricaDawn.com is free. However, our membership services are not available to users under the age of 18 or to members who, at our discretion, have been suspended or removed from the Erica Dawn systems. Members agree to all terms of service and must only apply for membership if eligible.
Notice
Erica Dawn may contact you or provide you with 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 Erica Dawn, we are committed to providing our customers with great quality products. Our products are sold online only at limited quantities and availabilities. We have done our best to display our items as accurately as possible on the Site. If you are not satisfied with your purchase, please review our Return Policy for further assistance.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the service.
Site Use
You cannot access or use the Erica Dawn website for any illegal or unauthorized purpose. Harassment in any manner or form of the Site, including via email and chat or by obscene or abusive language, is strictly forbidden. Although Erica Dawn cannot monitor the conduct of its users, it is a strict 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 Erica Dawn website will violate any rights 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 the content of any comments you make.
No Spam You must comply with all up-to-date "SPAM" laws. For example, emails must be created and distributed in a personal manner, and bulk email distribution is strongly discouraged.
Right to Close Accounts Erica Dawn reserves the right to close the account of any Customer if the Customer attempts to use their account in a questionable manner or, breaches any of these Terms & Conditions or is in violation of any law, statute, or governmental regulation.
Right to Change Terms Erica Dawn reserves the right to change these Terms & Conditions at any time in its sole discretion.
International Users
Erica Dawn uses United States Parcel Service (USPS) to ship international orders. While shopping and checking out, prices will be displayed in local currency. The final cost at checkout is inclusive of shipping but does not include any potential import taxes, customs duties, and fees levied by the destination country.
Duties & Taxes
International taxes, tariffs, and value-added tax are determined by the purchased merchandise's country of origin (or the country in which it was manufactured) and the classification of that merchandise in accordance with a harmonized system used by the country.
The recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders that are shipped to countries outside of the United States may be subject to import taxes, customs duties, and fees levied by the destination country. The recipient of an international shipment may be subject to import taxes, customs duties, and fees levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates. Erica Dawn may require additional information to verify your payment and will contact you directly if this is the case. We appreciate your understanding and quick response so your order is not delayed.
International Ordering
To get started, click on the currency icon in the footer of the Site and select your country from the drop-down menu. Local currency should update automatically. If your country isn't listed, we don't currently ship to that destination.
Exchange Rates
The cost of your order is guaranteed at the exchange rate at the time the order is placed. Our e-commerce platform calculates exchange rates in real time based on interbank rates of exchange.
If exchange rates have changed since the time you've begun shopping, you will be alerted by the Site + will have to start your order again.
DDP Import Terms and Conditions
By purchasing goods on ericadawn.com, I authorize Erica Dawn Publishing to import the product on my behalf. I authorize Erica Dawn Publishing to delegate the obligation to import the goods on my behalf to a subcontractor, such as a customs broker. I agree to pay the taxes & duties in addition to the purchase price of the goods.
Payment Methods
Payment methods may vary by country; you'll find all available options at the checkout.
International Shipping
Orders will be shipped out within 2-7 business days (M- F) from the order date. First-class international shipping typically takes 3 weeks. Note shipping windows are estimates.
International Returns & Exchanges
International orders are not eligible for free returns or direct exchanges, only returns for refund or store credit. The cost of return shipping is the responsibility of the Customer, as well as any potential import taxes, customs duties, and or fees.
To request a return, please email us at hello@ericadawn.com with the subject line 'International Return' for instructions. Once the goods arrive in like new condition, it can take up to 10 business days for a refund to be processed. You will receive an email once your return is processed.
Please ship returns back to the following address:
Erica Dawn International Returns
16850 Collins Ave., #112-432
Sunny Isles Beach, FL 33160
(305) 432-7306
User Submissions
Erica Dawn strives to create an interactive relationship with the members of its Site and services. User comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Erica Dawn on or by this Site shall be and remain Erica Dawn's property. Users assign all property rights and interests to Erica Dawn, allowing our company unlimited use, commercial or otherwise, of any comments. Furthermore, Erica Dawn shall be under no obligation (1) to maintain any comments in confidence; (2) to pay users any compensation for any comments; or (3) to respond to any user comments.
Monitoring
Erica Dawn has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact, or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Erica Dawn has no obligation to display or post any content. Erica Dawn, subject to the Privacy Policy referenced above, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. Erica Dawn shall have no liability in connection with any content or content submitted to, transmitted via, displayed, or posted on this Site, regardless of whether provided by Erica Dawn or any other party.
Correction of Site Errors
The information on the Erica Dawn website may contain typographical errors or inaccuracies. We reserve the right to update 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 involving pricing errors or inaccuracies. We apologize for any inconvenience.
Modification/Termination of Website
In the event of termination, you will still be bound by your obligations under these terms of service, including the warranties you made and the disclaimers and limitations of liability. Erica Dawn shall not be liable to you or any third party for any termination of your access.
Third-Party Links
To improve our Site, Erica Dawn may use and promote services provided by outside third parties. However, even if the third party is affiliated with Erica Dawn, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any such parties. Outside sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience, and therefore, you access them at your own risk.
Termination
Notwithstanding any of these Terms of Use, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms of Use will still apply.
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
ALL CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ERICA DAWN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY ERICA DAWN OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ERICA DAWN DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS SITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ERICA DAWN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES WITH REGARD TO THE CONTENT CONTAINED ON THIS SITE; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR ERICA DAWN'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED ON THIS SITE, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ERICA DAWN WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ERICA DAWN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND THIRD-PARTY PARTNERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM: (1) YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY CONTENT SUBMITTED OR TRANSMITTED BY YOU VIA THE SITE; (2) ANY USE OF ANY PASSWORD CHOSEN BY OR ISSUED TO YOU; OR (3) ANY VIOLATION BY YOU OF: (A) THESE TERMS OF USE; (B) ERICA DAWN'S PRIVACY POLICY; (C) ANY OTHER TERMS, GUIDELINES OR RULES APPLICABLE TO THE SITE; (D) ANY RIGHTS OF ANY OTHER PERSON OR ENTITY; (E) ANY APPLICABLE LAWS, RULES, OR REGULATIONS; OR (F) YOUR USE OF OUR PRODUCTS.
Entire Agreement
These Terms of Use constitute the entire Agreement between the user and Erica Dawn with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to this Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website and Services are provided by Erica Dawn Publishing, 16850 Collins Ave., #112-432, Sunny Isles Beach, FL 33160. If You have a question or complaint regarding the Website or Service, please contact us at hello@ericadawn.com. You may also contact us by writing to Erica Dawn Publishing, 16850 Collins Ave., #112-432, Sunny Isles Beach, FL 33160. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.