SARAH EISMAN STUDIO Terms & Conditions

Last Revised: Dec 02, 2024

The following Terms and Conditions (the "Terms"), govern your use of the Sarah Eisman Studio website, http://saraheismanstudio.com (the "Site") operated by Sarah Eisman Studio ("Sarah Eisman Studio", "we", or "us") and any Product purchase orders you place through the Site. Our Privacy Policy is hereby incorporated into these Terms by this reference and apply to your use of the Site. 

PLEASE READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. We provide the Site in order to enable you to browse and purchase Sarah Eisman Studio jewelry and related products (collectively, the "Products"). By using the Site, including by placing an order to purchase Products via the Site, you agree to these Terms without limitation or qualification. If you do not agree to these Terms in their entirety, then you must exit the Site immediately and discontinue any use of the Site.

THESE TERMS CONTAIN AN ARBITRATION AGREEMENT THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN A JURY OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. THE ARBITRATION AGREEMENT IS SET FORTH IN THE "ARBITRATION AGREEMENT" SECTION BELOW.

Click-Acceptance Upon Order. In the case of an order placed through the Site, when you check the “I have read and I accept the Terms” box at the payment section of the Site before placing your order, you indicate your acceptance of these Terms & Conditions. If you refuse to accept these Terms & Conditions, you will not be able to order any Products from the Site.

Eligibility. No part of the Site is intended for use by persons under the age of 18. We do not knowingly collect or solicit personally identifiable information from children under 18. IF YOU ARE UNDER 18 YEARS OF AGE, DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER. By placing an order through the Site, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute our Products or purchase our products for commercial purposes or any other commercial benefit.

Geographic Limitations. The Site is controlled and operated by Sarah Eisman Studio from the United States, and is not intended to subject Sarah Eisman Studio to the laws or jurisdiction of any state, country or territory other than that of the United States. The sale of Products through this Site is intended only for customers in the United States; sales to customers outside of the United States are not available unless expressly permitted in writing by Sarah Eisman Studio. Sarah Eisman Studio does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site or place orders for Products through the Site, you are responsible for complying with all local laws, rules and regulations that may apply to you. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Changes to the Site and these Terms. Sarah Eisman Studio reserves the right, at any time and 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. 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. Further, Sarah Eisman Studio reserves the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site and prior to placing any orders for Products through the Site, you should review the current Terms. You can determine when these Terms were last revised by referring to the "Last Revised" legend at the top of these Terms. Your continued use of the Site or submission of any order to purchase Products through the Site constitutes your acceptance of the current Terms. 

Sarah Eisman Studio Content. 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, the selection and arrangement of such content, and the copyrights, logos, trade names, trademarks, trade dress, and/or other intellectual property rights in the foregoing (collectively, the "Sarah Eisman Studio Content"), is the property of Sarah Eisman Studio or its licensors, partners or affiliates and is protected by United States and international copyright, trademark, and other intellectual property laws. Any unauthorized use of any Sarah Eisman Studio Content is strictly prohibited. All Sarah Eisman Studio Content is provided on an "as is" and "as available" basis and we expressly disclaim all warranties of any kind, whether express or implied, with respect to the Sarah Eisman Studio Content appearing on the Site.

License and Access. We grant you a limited license to access and use the Site for personal, noncommercial use only. You may access and use the Site solely in accordance with all applicable laws and these Terms. You may download, print and copy Sarah Eisman Studio Content for personal, noncommercial purposes only, provided you do not modify or alter the Sarah Eisman Studio Content in any way, delete or change any copyright or trademark notice, or violate these Terms in any way. Accessing, downloading, printing, posting, storing or otherwise using the Site or any of the Sarah Eisman Studio Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms. 

You shall not: 

  • Resell or make any commercial use of the Site or the Sarah Eisman Studio Content; 
  • Copy, reproduce, distribute, publish, download, display, perform, post, or transmit any Sarah Eisman Studio Content in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as set forth in these Terms;
  • Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
  • Frame or link to the Site, except as set forth in these Terms;
  • Use a buying agent to conduct transactions on the Site;
  • Conduct fraudulent activities on the Site;
  • Use data mining, robots, or other data gathering devices on or through the Site;
  • Post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity on the Site;
  • Violate or attempt to violate the security of the Site, whether in an automated fashion or otherwise;
  • Disclose personal information about another person or harass, abuse, or post objectionable material on the Site; 
  • Use the Site in a way that is illegal or that otherwise results in fines, penalties, and other liability to Sarah Eisman Studio or others; 
  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
  • Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site. 

User Account. To facilitate purchases on the Site, you may be prompted to create an account by providing an email address and password. Your account is personal to you, and you should not share your account information with, or allow access to your account by, any third party. You are solely responsible for: (i) maintaining the security and confidentiality of your account and your account username and password; (ii) using reasonable efforts to prevent unauthorized access to or use of your account; and (iii) keeping the email address associated with your account current. You are solely responsible and liable for all activities that occur under your account, including, without limitation, purchases of Products through the Site. 

If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Sarah Eisman Studio by emailing us at info@saraheismanstudio.com. You will be solely responsible for the losses incurred by Sarah Eisman Studio and others due to any unauthorized use of your account. We reserve the right to disable any user account at any time, for any reason. You agree that we shall not be liable to you or any third party for any termination of your account or access to the Site. You represent and warrant that the information you provide to Sarah Eisman Studio upon creating an account on the Site, and at all other times, will be true, accurate, current, and complete.

Electronic Communication. By registering for an account or otherwise providing us your email address and/or phone number, you consent to receive communications from us electronically by email and/or phone (including Text Messages), respectively. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

You may be presented with the option to receive SMS, MMS, or other text message notifications from us and on our behalf, including, but not limited to, notifications made using an automatic telephone dialing system (each, a "Text Message"). By consenting to receive Text Messages sent directly to your mobile phone, the following terms apply:

Message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence, according to your individual rate plan provided by your wireless carrier. Please consult your wireless carrier's pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will Sarah Eisman Studio or its affiliates be responsible for any Text Messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text alerts, you may not receive the Text Messages from us. You can opt-out of receiving any further Text Messages from us by replying "STOP" to any Text Message you receive from us.

We will not be liable for any delays in the receipt of any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an "as is" and "as available" basis. Data obtained from you in connection with Text Message services may include your cell phone number, your wireless carrier's name, and the date, time, and content of your messages. We may use this information to contact you and to provide the services you request from us. You also agree to notify us if your telephone number changes. Your receipt of Text Messages is subject to termination in the event that your mobile telephone service terminates or lapses. For more information on how we use telephone numbers, please view our Privacy Policy.

Product Orders. All orders of our Products must be for personal use only. By purchasing our Products, you agree not to resell or distribute such Products for any commercial purposes. Sarah Eisman Studio reserves the right, in our sole discretion, to take steps to verify your identity to process your order.

We reserve the right, in our sole discretion, to refuse to accept, choose not to process, or to cancel any order you place with us for any reason, including when we have reason to suspect a violation of these Terms. We also reserve the right, in our sole discretion, to limit quantities of Products purchased per account, per payment card, or per order. This may occur, for example, when the Product you wish to purchase is out of stock or has been mispriced, when we have reason to suspect that your order is not for personal use, or in other circumstances we deem appropriate in our sole discretion. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email address provided at the time the order was placed or associated with your user account.

The Site describes and provides pricing for Products available for purchase, and may provide information regarding the availability of merchandise, including limited run Products. The Product prices displayed do not include taxes and shipping costs. Any applicable taxes and shipping costs will be displayed on the checkout page before you place an order. Product price and availability information is subject to change without notice. We cannot guarantee that a Product listed as in stock when you place an order will actually be in stock when we attempt to process the order. Each jewelry Product is made to order, and subject to availability of the materials. Lead time is 4-6 weeks. If Sarah Eisman Studio determines that a Product you ordered is no longer available, the Product will be cancelled from your order and Sarah Eisman Studio will attempt to notify you by contacting the email address provided at the time the order was placed or associated with your user account.

We may offer certain "quick shop" and "add to cart" features for various Products. These features allow you to view price information about the Product and add the product to your cart without opening the Product page. The "quick shop" feature and "add to cart" feature are offered for your convenience only. The Product page is where you will find more detailed information about a Product, including its features and pricing.

Sarah Eisman Studio attempts to provide accurate descriptions of Products on the Site. Sarah Eisman Studio does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a Product offered on the Site is not as described, your sole remedy is to return the Product, as specified in the Shipping and Returns Policy. 

Many of the Products are handmade using natural materials, including gem stones. The color and size of these gem stones may vary. Please review the disclaimers and Product description on each Product page carefully.  

Without limiting the foregoing, Sarah Eisman Studio reserves the right, in our sole discretion, to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omissions; and (iii) make changes to prices, Sarah Eisman Studio Content, promotion offers, Product descriptions or specifications, or other information on the Site or with respect to Products without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by applicable law).

Payments. We currently use third parties to process payments. Our third-party payment processors ("Payment Processors") accept payments through various payment cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen. You may also use PayPal as a payment option on our Site. By placing orders on the Site, you agree to comply with the relevant terms and conditions of our Payment Processors. 

You must provide current, complete, and accurate payment information in order to complete a purchase. By providing payment information, you consent to the processing of such information as described in our Privacy Policy. You must promptly notify us or the applicable Payment Processor if your payment information is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. You represent and warrant that you have the legal right to use any payment card(s) or other payment method(s) utilized in connection with any transaction on the Site.

United States Dollars. All prices on the Site are stated in U.S. dollars, and any monetary transactions related to the Site and Products will take place in U.S. dollars. You are solely responsible for any fees or charges you may incur with respect to currency conversion. 

Shipping. The shipping for all Products shall be governed by our Shipping & Returns Policy. From time to time, the Site may display certain shipping-related promotions or offers, such as free shipping and/or returns. Please note that such promotions and offers are subject to the terms and conditions set forth in the "Promotions" and/or "Offer Codes" sections of these Terms, in addition to any other terms and conditions that are provided when such promotions and/or offers are available on the Site. In all instances, any shipping promotions and offers are valid only within the continental United States. 

Linking to the Site. You may post links to the Site and/or Products on social media pages provided you do so in a way that, as determined in our sole discretion, does not violate these Terms, is fair and legal, and does not or is not likely to adversely affect our reputation. You must not, however, post links to the Site in such a way as to suggest any form of association, approval, or endorsement on our part without our consent. We reserve the right to withdraw permission for you to post links to the Site at any time and in our sole discretion. 

Third-Party Links. From time to time, Sarah Eisman Studio may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services. You may be able to connect with these third parties through the Site, but this does not mean Sarah Eisman Studio endorses, monitors or has any control over these third parties or their activities, which are subject to separate terms of use and privacy policies. You should carefully review any third-party sites, terms of use and privacy policies. Sarah Eisman Studio is not responsible for the content, policies, or activities of third parties and you interact with third parties at your own risk. 

Spokespersons. From time to time, we may engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the Sarah Eisman Studio brand ("Spokespersons"), including on social media channels and platforms. Although such Spokespersons may be compensated or incentivized by Sarah Eisman Studio, we neither endorse nor are responsible for any opinion, advice, information, or statements made by any third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who provide them and may not reflect the opinions of Sarah Eisman Studio. Spokespersons are required to clearly and conspicuously disclose any material connections to Sarah Eisman Studio in all communications concerning Sarah Eisman Studio Products, and we disclaim any liability with respect to any Spokesperson's failure to do so.

Gift Cards. Sarah Eisman Studio gift cards are prepaid cards that have no monetary value unless activated. Gift cards are not redeemable for cash, returnable, or eligible for refunds, and the value of a gift card will not be replaced if it is lost, stolen, altered, or destroyed. Offer Codes and other discounts or promotional offers do not apply to the purchase of gift cards. 

Gift cards do not expire and can be redeemed for use on the Site. Each transaction made using a gift card is debited against the gift card balance. If a transaction exceeds the gift card balance, the user must pay the difference between the transaction amount and balance. The gift card becomes inactive once the card value is depleted. Gift cards may not be resold by any unauthorized third parties, and Sarah Eisman Studio will not honor gift cards purchased from unauthorized third parties. We reserve the right, in our sole discretion, to invalidate any gift cards that we have a good faith reason to believe were obtained fraudulently or via other illegal or inappropriate means.

Store Credit; Promotional Codes. We may issue store credits or promotional codes on case-by-case basis in our sole discretion. If issued, store credits will not expire and may be used toward the purchase of any Products sold on the Site. Store credits are not redeemable for cash. Refunds for orders paid for with store credit will be applied as store credit back to the same account from which the purchase was made. If you are granted a refund for an order paid for with multiple methods of payment, any refund is first applied to the payment card or PayPal account, up to the original amount charged, and the remainder will be applied as store credit to your user account. Promotional codes expire on the date of expiration on our original promotion offer, and we reserve the right to invalidate promotional codes that we have a good faith reason to believe were obtained fraudulently or via other illegal or inappropriate means. 

Feedback. We appreciate hearing from our customers and welcome your comments regarding the Site. Please be advised, however, that if you send us any ideas, suggestions, recommendations, comments, or the like ("Feedback"), you hereby assign to us all right, title and interest in and to such Feedback. We will not be subject to any obligation of confidentiality with respect to such Feedback and will not be liable for any use or disclosure thereof. We are entitled to unrestricted use of such Feedback for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you or any other person, though we are not obligated to use such Feedback.

Released Parties Defined. "Released Parties" include Sarah Eisman Studio and its affiliates, and their respective officers, employees, agents, partners, and licensors.

Warranty Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT WITH RESPECT TO WARRANTIES THAT CANNOT BE WAIVED OR EXCLUDED UNDER APPLICABLE LAW: (i) YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (ii) THE RELEASED PARTIES MAKE NO WARRANTY THAT (A) THE SITE OR PRODUCTS WILL MEET YOUR REQUIREMENTS, (B) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE QUALITY OF ANY PRODUCTS AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR ANY ORDER FOR PRODUCTS PLACED, OR PURCHASE OF PRODUCTS, THROUGH THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF SARAH EISMAN STUDIO HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IF YOU ARE DISSATISFIED WITH ANY PRODUCT PURCHASED THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO RETURN OR EXCHANGE THE PRODUCTS SUBJECT TO AND IN ACCORDANCE WITH OUR SHIPPING AND RETURNS POLICY. 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. 

EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND SARAH EISMAN STUDIO. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SARAH EISMAN STUDIO. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES' MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY PRODUCTS PURCHASED THROUGH THE SITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT ACTUALLY PAID BY YOU TO SARAH EISMAN STUDIO FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any costs, expenses, fees, losses, liabilities, damages, claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising out of or resulting from: (i) your use of the Site, including the purchase of any Products through the Site or your use of any such Products; (ii) your use or reliance on any third-party content; (iii) your use of or reliance on any Sarah Eisman Studio Content; or (iv) or your violation of these Terms, any applicable laws, or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Released Parties from any and all claims or causes of action you may have for damages arising from or relating to your conduct in connection with the Site, including the purchase or use of any Products through the Site, or any violation of these Terms, any applicable laws, or the rights of any third party.

Governing Law. All matters relating to the Site, these Terms, and the relationship between you and Sarah Eisman Studio, and any dispute or claim arising therefrom or related thereto, will be governed by the laws of the State of New York without regard to its conflict of law provisions. 

Arbitration Agreement. Except as expressly stated below, you and Sarah Eisman Studio agree to submit any disputes relating to your use of the Site, including any purchase of Products through the Site, to binding and confidential arbitration to be conducted under the rules of the American Arbitration Association Rules for Arbitration of Consumer-Related Disputes ("AAA Rules") in English. Any such arbitration, to the extent necessary, will be conducted in New York County in the State of New York. The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. 

In addition to the AAA Rules, you and Sarah Eisman Studio agree that upon motion of one or more affected parties, and after providing all other affected parties an opportunity to be heard, the arbitrator may, in its discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. For the avoidance of doubt, any coordination under the preceding sentence will be limited only to currently pending arbitrations initiated under this agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing.

You covenant not to sue Sarah Eisman Studio in any other forum. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration.

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Site, purchase of Products, or these Terms:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT OR ARBITRATION INVOLVING ANY SUCH DISPUTE; AND
  • YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

Notwithstanding the foregoing, to the extent that you have in any manner violated or threatened to violate our intellectual property rights, Sarah Eisman Studio may seek injunctive or other appropriate relief in any state or federal court in the State of New York. 

This arbitration agreement provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.   

Termination. Upon termination, all provisions of these Terms which are by their nature intended to survive termination, including the arbitration agreement, all representations and warranties, all limitations of liability and all indemnities, shall survive such termination.

Waiver. No provision of these Terms shall be waived except pursuant to a writing executed by the party against whom the waiver is sought to be enforced.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Severability. If any of these Terms are deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.

Entire Agreement. These Terms constitute the entire agreement between you and Sarah Eisman Studio with respect to the Site and the purchase of Products through the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to the subject matter hereof. Any rights not expressly granted herein are reserved.

California Residents. If you are a California resident, the following state-specific terms apply to you:

You shall and hereby do waive California Civil Code Section 1542, which says, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to info@saraheismanstudio.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

If you have any questions about the Terms, please contact us at info@saraheismanstudio.com.

Shipping & Returns Policy

1.     Shipping

Sarah Eisman Studio will make reasonable efforts to ship properly placed and accepted orders four to six weeks, excluding U.S. federal holidays. An order is properly placed when we have received full payment and all information needed to fulfill such order. If we anticipate that shipment for a particular order will take longer than as set forth above, we will attempt to notify you by contacting the email address provided at the time the order was placed or associated with your user account. 

When you place an order, the order total reflected at checkout includes Product costs, less any discounts and credits, before shipping fees ("Order Total"). Shipping rates are calculated based on your Order Total, selected shipping method, and shipping address. Please note that certain shipping methods may be unavailable depending on your shipping address. Actual delivery times and rates are subject to change. 

After your order has shipped, you will receive an email notification ("Shipment Confirmation Email"). Please allow up to 24 hours after you receive your Shipment Confirmation Email for tracking information to appear on the mail carrier website. An adult at your address must be available to accept the shipment and sign for the package. 

Delivery

Shipping rates and estimated delivery times for deliveries will be indicated on the check-out page. Shipping rates and delivery times are for locations within the United States only; Sarah Eisman Studio does not offer shipping to locations outside of the United States. 

Delivery shall occur, and risk of loss and title to Products shall pass from Sarah Eisman Studio to customer, at the time the Products are received by customer.

2.     Returns & Exchanges

If you're not satisfied for any reason with your purchase of a Product, please contact us at orders@saraheismanstudio.com. Please include your order number or receipt and confirm whether you are seeking a refund or an exchange, and the reason why you are not satisfied with your purchase. The following terms and conditions apply:

  • Requests for refunds or exchanges must be made within 14 days of delivery (for online orders) or purchase (for in store purchases).
  • To be eligible for return, all items must be in their original condition and in their original packaging. Items not in this condition will not be accepted. 
  • Each returned Product is subject to our inspection to determine whether it is eligible for a return. In the event the Product is not eligible for return, we will attempt to notify you by email to the email address you used to contact us. 
  • For mail-in returns or exchanges, we'll cover the return shipping for packages being shipped from the continental United States using a carrier of our choosing. You'll get a prepaid label from us by email once you submit a return or exchange request. 
  • When packing your return or exchange, please use the original packaging and ensure that only the items listed on your return label are included in the package. Do not include other items. 
  • Once your item(s) reach our studio, your eligible refund or exchange will be processed within 10 business days.
  • Final sale items cannot be returned or exchanged.
  • Gift cards are nonrefundable and cannot be exchanged or redeemed for cash.
  • We can only process returns and exchanges for items purchased directly from Sarah Eisman Studio. If you purchase our Products from another retailer, please contact them directly for their return policy.

Ineligible Returns 

Refunds or exchanges will not be issued for ineligible returns (i.e., returns or exchanges of Products not in their original condition, final sale Products, etc.). To avoid this, please contact us at orders@saraheismanstudio.com to confirm your return is eligible before sending anything back or attempting to return an item in-store.

If we receive returned Product that is ineligible for a return, we will notify you, and your return/exchange will not be processed. We will also notify you of the cost for the return of your Product to you, and you will be responsible for any such costs if you opt to have your Product returned to you.  

3.     Have Questions?

Please reach out to us at orders@saraheismanstudio.com