Terms & Conditions

Felicity (referred to as the Site) is an online listing service that connects buyers and sellers of new, sample and used wedding dresses. Felicity disclaims that it is an authorized dealer or agent of any of the designer gowns offered on its website. Designer gowns offered on this website are all registered trademarks of their original owners who reserve their rights and ownership. The use or mention of any trade names, product names, or trademarks on this website does not suggest that the trademark owner or designer has any affiliations with or any endorsements of this website.

General

We do not guarantee continuous, uninterrupted or secure access to our services.

Further, operations of the Site may be interfered with by numerous factors outside of our control and Felicity shall not be held liable for any such interruptions.

By using our Site, you agree to a code of conduct. Specifically, you agree NOT to:

Use the Site or Materials for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libellous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us),
Engage in spamming or flooding;
Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Software;
Remove any copyright, trademark or other proprietary rights notices contained in the Site, Materials or Software;
“Frame” or “mirror” any part of the Site without our prior written authorization;
Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or
Harvest or collect information about Site visitors or members without their express consent.

While using the Site, Materials and/or Software, you agree to comply with all applicable laws, rules and regulations.

Listing On Felicity

Listings for all items will remain active on the site until the item is sold, or request of removing by seller.

If you contract for a listing on this site, as a Seller you acknowledge and agree that:

the Seller is solely responsible for the accuracy of the information provided and agrees to represent their item(s) Condition and Details accurately, describing any defects or flaws.
the Seller is solely responsible for any liability stemming from copy, images or other descriptions provided in the listing.
the Seller will check their listing once posted for accuracy and completeness.
the Seller gives Felicity license to use the content you upload, anywhere, and anytime without charge, liability or additional compensation.
the Seller will confirm your item’s availability when prompted.
the Seller agrees to offer buyers a protected payment method in addition to other payment options.
the Seller agrees that only a single item for sale can be represented within an individual listing. Listings may not contain offers to purchase other items offsite, refer to other items for sale, or direct users to another website for more information. Listings for custom/made-to-order items are not permitted.
the Seller must not inflate the retail price to increase the discount offered.
the Seller is responsible for the transaction fees applied to payments received through PayPal. You may visit PayPal’s website for more information on transaction fees.

Additionally, the Seller acknowledges:

Counterfeit Items: We do not allow dresses from known counterfeit websites to be listed for sale on Felicity. This includes non-authorized dealers and Chinese-based wedding gown websites that sell knock-offs of famous dresses. They are banned to avoid buyer disappointment.
We reserve the right to suspend a listing – without notice – if the supplied contact information is no longer accurate or it if violates any of our terms of listing.
We reserve the right to pause a listing should the seller not open/read an inquiry. We will send two notices of the missed inquiry before pausing the listing.
We reserve the right to cancel a listing and a user’s account should it be determined to be fraudulent, inaccurate, misrepresented, in violation of our listing terms, or to have sold elsewhere. No refunds will be given in these situations.
We reserve the right to request information or images to verify the legitimacy of a listing posted on our site. If this information is not supplied in a timely manner, we reserve the right to suspend the listing, until the information is provided. No refunds will be given for listings where the seller cannot provide the requested proof of legitimacy/authenticity.
We require that multiple dress listers identify themselves as such within their listing. We reserve the right to add a notation – identifying the seller as a multiple lister – to a dress description as we see fit.
We require that you notify us of a sale within 15 days of your item being sold.

By listing on this site, sellers acknowledge and agree that:

No refunds will be given once a listing has been posted.
Felicity does not guarantee the item(s) listed by the Seller will be sold.
The seller is solely responsible for managing her sale. Felicity has no involvement or liability within the item transaction.
Any Seller Content which violates these terms and conditions or any of the Sites policies may be modified or deleted at the Sites sole discretion.

Buying On Felicity-Hawaii.com

If you purchase an item from a Seller on the Site, you the Buyer acknowledges and agree that:

the Buyer is responsible for reading and understanding the Item listing information before purchasing it.
the Buyer is responsible for being an informed Buyer – this means they will perform due diligence to understand how to have a safe purchase of an Item.
the Buyer is entering into a legally binding contract to purchase an item when they commit to buy it.
Felicity com does not transfer legal ownership of Items from the Seller to the Buyer.
If a product listed on Felicity itself is not as described, the Buyer’s sole remedy is to deal with the Seller directly to resolve your dispute. Felicity is not involved in or in any way liable for any portion of the sale.

Disputes Between Buyers and Sellers

Felicity does not own the Items and is not a party to any sale and/or purchase of Items between Buyers and Sellers – disputes must be resolved between themselves.
If you use PayPal to pay for an Item(s) or receive any money for the sale of an Item(s), you may be eligible for PayPal’s Buyer or Seller Protection.
PayPal’s investigation of any dispute is governed by PayPal’s terms of service to which you would have agreed when setting up your PayPal account.
Felicity makes no representations or warranties that PayPal will resolve the dispute to either person’s satisfaction.
Nothing in these Terms prevents a Buyer or Sellers rights at law – PayPal is only one option for recourse.
If the listed Item(s) are second-hand/used/preowned/sample pieces; age, price and condition may be considered.
If you use cash, check, Venmo, or any other application similar to pay for Item(s) or receive any money in cash for a sales transaction, you will not be covered for PayPal’s Buyer or Seller Protection.

Your Privacy

We will not sell or rent or give out your personal information to third parties for their marketing or other purposes without your explicit consent.

Copyright

All non-listing content included on this site, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of Felicity or its content suppliers and protected by international copyright laws.

Product Descriptions

Felicity requires sellers to provide accurate information on the Site. However, Felicity does not warrant that any product description or other Content of this Site is accurate, complete, reliable, current, or error-free.

COLOR – We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, it is the Buyers responsibility to confirm with the Seller the items actual color via messaging and additional pictures.

Disclaimers

THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE AND THE SOFTWARE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, IN THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

A possibility exists that the Site, Materials or Forums could include inaccuracies or errors, or information or materials that violate these Terms of Use. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site, Materials or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.

Limitation of Liability

NEITHER COMPANY NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, THE SOFTWARE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, SOFTWARE OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, SOFTWARE OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE

Indemnification

You agree to indemnify, defend and hold Company, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from

(a) your breach of this Agreement, including any violation of the Code of Conduct, above;
(b) any allegation that any Submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
(c) your activities in connection with the Site.

Effective Date:

These terms of use were last updated on December 27th, 2021 and are effective immediately and in perpetuity unless otherwise noted.