Terms of Use of EVINE.com

Effective February 1, 2017

YOUR USE OF EVINE.COM IS GOVERNED BY THESE TERMS OF USE BY ANY MEANS, INCLUDING BUT NOT LIMITED TO WEB BROWSERS AND MOBILE DEVICES ACCESSING AND USING EVINE.COM. YOU AGREE THAT YOUR ACCESS TO AND USE OF EVINE.COM IS SUBJECT TO THESE TERMS AND CONDITIONS.

EVINE.com is operated by EVINE Live Inc. ("Evine").

These Terms and Conditions May Change

Evine shall have right at any time and without prior notice, at its sole discretion, to revise these terms or to impose new terms and conditions with respect to access to or use of EVINE.com. Such revisions and additions shall be effective immediately upon notice, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on EVINE.com. You are responsible for reviewing EVINE.com periodically for any modification to these Terms of Use. Any access or use of the Evine.com site by you after notice of revisions or additions to these terms shall constitute and be deemed to be your agreement to such revisions or additions.

Orders, Risk of Loss, and Returns. Evine does not accept orders from outside the United States. Evine does not ship products to destinations outside of the United States. Evine will add shipping and handling fees and applicable sales/use tax. Evine reserves the right without prior notice to discontinue or change specifications and prices on products offered on EVINE.com. Products displayed on EVINE.com are available while supplies last. Descriptions of, or references to, products on EVINE.com do not imply endorsement of that product or constitute a warranty, by Evine. All orders for products displayed on EVINE.com are subject to Evine's credit approval. Orders are shipped ‘FOB Origin’ and risk of loss and title shall pass to the customer upon delivery to the carrier for shipment. For returned items, Evine does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return or in advance of receiving the returned item. In this situation, Evine never takes title to the refunded item. Learn more about returning products or Evine Protection Plan.

Correction of Errors and Inaccuracies. The information on EVINE.com may contain typographical errors or inaccuracies and may not be complete or current. Evine reserves 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). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. Evine reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Evine. Evine reserves the right to limit the order quantity on any item. In the event that a product is listed at an incorrect price due to supplier pricing information or typographical error, Evine shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If the incorrect price or typo is discovered after the product has shipped, you acknowledge that you will either refuse the delivery, return the product (at Evine’s expense) or you will be charged the Evine price of the item as it should have been for the item(s) in question on the day of the sale and may have restrictions placed on your Evine account. If your credit card has already been charged for the purchase and your order is canceled, Evine shall promptly issue a credit to your credit card account in the amount of the incorrect price

Content. The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on EVINE.com, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out of date. Evine may change, delete, or update any Content at any time and without prior notice. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Evine or by third parties that have licensed their use to Evine. You may view and use the Content only for your personal information and for shopping and ordering on EVINE.com. Except as set forth above, Evine does not grant to you any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process any of the Content.

Termination. Evine shall have the right without notice and at any time to terminate EVINE.com or any portion thereof, or any products offered through EVINE.com, or to terminate any individual's right to access or use EVINE.com.

Submissions. Except as otherwise expressly provided in the Evine’s PRIVACY STATEMENT posted on EVINE.com, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to EVINE.com shall be and remain the exclusive property of Evine . Your submission of any such Comments shall constitute an assignment to Evine of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Evine will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. Do not send EVINE.com any Comments that you do not wish to assign to Evine.

Other Businesses. Parties other than Evine operate stores or sell product lines on EVINE.com. In addition, EVINE.com provides links to the websites of affiliated companies and certain other businesses. Evine is not responsible for examining or evaluating, and Evine does not warrant the offerings of, any of these businesses or individuals or the content of their websites. Evine does not assume any responsibility or liability for the actions, products, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. Links to other websites are provided for your convenience only, and you access them at your own risk.

Your Account. You are responsible for maintaining the confidentiality of your Evine account and password information and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. By using this site you represent and warrant that you are of legal age to form a binding contract with Evine. If you are under 13 years of age, you should not use this site.

Disclaimer and Limitation as to Use of Evine.com. EVINE.COM IS OPERATED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMITTED BY LAW, EVINE.COM AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. WITHOUT LIMITING THE FOREGOING, EVINE.COM AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE EVINE.COM WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. UNDER NO CIRCUMSTANCES, SHALL EVINE.COM OR ITS AFFILIATES, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE EVINE.COM, INCLUDING, BUT NOT LIMITED TO, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR ANY OTHER TYPE OF DAMAGES. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Disclaimer and Limitation of Liability as to Products. If for any reason you are not entirely pleased with a product you purchased on EVINE.com, simply return the item within thirty (30) days of the date of your invoice for exchange or full refund of the purchase price. After this thirty (30) day period, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. Learn more about returning products or warranties.

ALL PRODUCTS SOLD BY EVINE.COM ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, EVINE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, EVINE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON EVINE.COM, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL EVINE, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING IN ANY WAY FROM ANY PRODUCT SOLD ON EVINE.COM. IN NO EVENT SHALL EVINE’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Mobile Services. The Evine Services may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to receive and reply to messages from Evine ("text alerts"), and access certain other features (collectively the "Mobile Services"). Although Evine does not charge you for these Mobile Services, your mobile carrier's normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.

  • By providing your mobile number, you consent to receive TODAY’S TOP VALUE ALERT text messages from Evine by an automatic telephone dialing system. Consent to receive text messages is not a condition of purchase of any product or service. To receive help information text "VALUE HELP" to 73596 or reply "VALUE HELP" to any Evine text Alerts. To discontinue text messaging text VALUE STOP to 73596. To discontinue "The Today's Top Value Text Alert" from Evine, text "VALUE STOP" to 73596. To receive help information text "VALUE HELP" to 73596 or reply "VALUE HELP" to any Evine text alerts. Powered by EMS. Message and data rates may apply. Powered by EMS.
  • By providing your mobile number, you consent to receive The Weekly Promotional Text Alert from Evine through text messages by an automatic telephone dialing system. Consent to receive text messages is not a condition of purchase of any product or service. To receive help information, text "SHOP HELP" to 73596 or reply "SHOP HELP" to any Evine text Alerts. To discontinue text messaging, text SHOP STOP to 73596. To discontinue "The Weekly Promotional Text Alert" from Evine, text "SHOP STOP" to 73596. To receive help information text "SHOP HELP" to 73596 or reply "SHOP HELP" to any Evine text alerts. Message and data rates may apply. Powered by EMS.
  • By texting APPLY to 97934, you consent to receive a text message with instructions on how to apply for an Evine credit card by an automatic telephone dialing system. This is not a recurring message program and no additional messages will be delivered. To receive help information text "APPLY HELP" to 97934. Message and data rates may apply.

By using the Mobile Services, you agree that Evine may communicate with you by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to Evine. Your consent to receive text messages and participation in Mobile Services is not a condition for your purchasing any products or services. In the event you change or deactivate your mobile telephone number, you agree promptly to update your mobile subscription account information to ensure that the messages Evine intends to send to you are not sent to another person who acquires your former mobile telephone number.

Miscellaneous. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of Minnesota, without regard to its conflicts or choice of laws principles. You agree that, in any legal action arising from or related to your use of or orders placed on EVINE.com or to these Terms of Use, the United States District Courts for Minnesota shall have sole and exclusive jurisdiction and venue over such action, or if that court lacks subject matter jurisdiction, the District Court of Hennepin County, Minnesota shall have sole and exclusive jurisdiction and venue over such action. At EVINE’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Minnesota law. Any cause of action or claim you may have arising out of or relating to these Terms of Use or the site must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

One or more patents may apply to this Web site, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142 and any other patents that may issue in the future which are related to the foregoing patents.