Terms and Conditions

1. Agreement to Terms

These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Isabelle Gougenheim Designs ("we," "us," or "our"), a business headquartered in the State of Illinois. They govern your access to and use of our website at www.isabellegougenheimdesigns.com (the "Site") and any purchases made through the Site.

By accessing the Site, creating an account, or placing an order, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, please do not use the Site.

These Terms apply to all visitors, users, and customers of the Site.

2. Eligibility

By using this Site, you represent and warrant that you are at least 18 years of age, have the legal capacity to enter into a binding contract, and are not prohibited from doing so under any applicable law. If you are under 18, you may only use the Site with the involvement and consent of a parent or legal guardian.

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion, including where we believe these Terms have been violated.

3. Products and Availability

All products listed on the Site are offered subject to availability. We reserve the right to discontinue any product at any time without notice. Isabelle Gougenheim Designs makes every effort to display product colors, textures, and dimensions accurately; however, we cannot guarantee that your device's display will accurately reflect the actual product.

Product descriptions, pricing, and availability are subject to change without notice. We reserve the right to limit the quantities of any product sold and to refuse or cancel orders at our discretion, including orders that appear to be placed for commercial resale purposes.

4. Orders and Contract Formation

When you place an order through the Site, you are making an offer to purchase the selected product(s) at the stated price. A binding contract is formed only when we send you an order confirmation email. We reserve the right to decline or cancel any order for any reason, including but not limited to:

  • Product unavailability or discontinuation.
  • Errors in product description or pricing.
  • Suspected fraudulent, unauthorized, or improper activity.
  • Failure of payment authorization.

If we cancel an order after payment has been processed, we will issue a full refund to your original payment method.

5. Pricing and Payment

All prices on the Site are listed in U.S. Dollars (USD) and are exclusive of applicable taxes unless otherwise stated. Sales tax will be calculated and applied at checkout in accordance with applicable Illinois and federal tax laws.

We accept major credit cards, debit cards, and other payment methods as displayed at checkout. By providing payment information, you represent that you are authorized to use the designated payment method and authorize us to charge the full order amount, including applicable taxes and shipping fees.

We use industry-standard encryption and secure third-party payment processors to protect your payment information. We do not store full payment card details on our servers.

6. Shipping and Delivery

We ship to addresses within the United States and, where indicated on the Site, internationally. Estimated shipping times are provided for convenience only and are not guaranteed. We are not liable for delays caused by carriers, customs, weather, or other circumstances beyond our control.

Title and risk of loss for products pass to you upon delivery to the shipping carrier. If your order is lost or damaged in transit, please contact us at info@isabellegougenheimdesigns.com promptly and we will work with you to resolve the issue.

7. Returns and Refunds

Returns and refunds are governed by our separate Return & Refund Policy, which is available on the Site and incorporated into these Terms by reference. By placing an order, you agree to the terms of that policy. For questions, please contact us at info@isabellegougenheimdesigns.com.

8. Intellectual Property

All content on the Site, including but not limited to text, graphics, logos, photographs, product images, design elements, and software, is the exclusive property of Isabelle Gougenheim Designs or its content suppliers and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, display, transmit, publish, or create derivative works from any content on this Site without our prior written consent. Any unauthorized use of our intellectual property may result in civil and criminal liability.

The purchase of a product does not transfer any intellectual property rights to you. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

9. User Conduct

By using the Site, you agree not to:

  • Use the Site for any unlawful purpose or in violation of any applicable law or regulation.
  • Engage in any conduct that restricts or inhibits any other user's use or enjoyment of the Site.
  • Transmit any unsolicited or unauthorized advertising, spam, or promotional material.
  • Introduce viruses, malware, or any other harmful or malicious code.
  • Attempt to gain unauthorized access to any part of the Site or its related systems.
  • Collect or harvest any personally identifiable information from the Site without our express written consent.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this Section.

10. Privacy Policy and Cookies

10.1 Privacy Policy

We collect, use, and protect personal information in accordance with our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to the collection and use of your personal information as described in our Privacy Policy. We comply with all applicable U.S. federal and Illinois state privacy laws, including the Illinois Personal Information Protection Act (815 ILCS 530) and, where applicable, the Children’s Online Privacy Protection Act (COPPA).

10.2 Cookies and Tracking Technologies

We use cookies, web beacons, pixels, and similar tracking technologies on our Site for the following purposes:

  • Essential/functional cookies: Required for the Site to operate correctly (e.g., shopping cart, login sessions).
  • Analytics cookies: To understand how visitors interact with the Site (e.g., Google Analytics).
  • Marketing/advertising cookies: To deliver relevant advertisements and track the effectiveness of our marketing campaigns.

By continuing to use the Site, you consent to our use of cookies as described above. Most browsers allow you to refuse or delete cookies; however, doing so may affect your ability to use certain features of the Site. For more information, please refer to our Cookie Policy or contact us directly.

10.3 Email Marketing

If you opt in to receive marketing emails from us, we will send you promotional communications about our products, offers, and events. You may unsubscribe at any time by clicking the “Unsubscribe” link in any marketing email or by contacting us directly. We comply with the CAN-SPAM Act (15 U.S.C. § 7701 et seq.) and will honor all opt-out requests promptly.

11. Third-Party Links and Services

The Site may contain links to third-party websites or services. These links are provided for your convenience only. We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party sites. We encourage you to review the terms and privacy policies of any third-party sites you visit.

12. Disclaimer of Warranties

THE SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

ISABELLE GOUGENHEIM DESIGNS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

Some jurisdictions do not allow the exclusion of certain warranties. To the extent that applicable law does not permit the exclusion of warranties, the above exclusions shall apply to the fullest extent permitted by law.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ISABELLE GOUGENHEIM DESIGNS AND ITS OWNERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO ISABELLE GOUGENHEIM DESIGNS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some states, including Illinois, may not allow certain limitations of liability. To the extent prohibited by applicable law, these limitations shall not apply.

14. Indemnification

You agree to defend, indemnify, and hold harmless Isabelle Gougenheim Designs and its owners, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with: (a) your access to or use of the Site; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property or privacy rights; or (d) any claim that content you submitted caused damage to a third party.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions. Any dispute arising out of or related to these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Illinois.

15.2 Informal Resolution

Before filing any formal legal claim, you agree to first contact us at info@isabellegougenheimdesigns.com and attempt to resolve the dispute informally. We will make a good-faith effort to resolve the issue within 30 days of receiving your notice.

15.3 Binding Arbitration

If we are unable to resolve a dispute informally, any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitration shall take place in Illinois. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.4 Class Action Waiver

YOU AND ISABELLE GOUGENHEIM DESIGNS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.

16. Changes to These Terms

Isabelle Gougenheim Designs reserves the right to modify these Terms at any time. We will indicate the date of the most recent revision at the top of this page. Your continued use of the Site following any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

17. Severability and Waiver

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Isabelle Gougenheim Designs in writing.

18. Entire Agreement

These Terms, together with our Privacy Policy and Return & Refund Policy, constitute the entire agreement between you and Isabelle Gougenheim Designs with respect to your use of the Site and supersede all prior and contemporaneous agreements, representations, and understandings.

19. Contact Us

If you have any questions about these Terms & Conditions, please contact us:
Isabelle Gougenheim Designs

Email: info@isabellegougenheimdesigns.com

Website: www.isabellegougenheimdesigns.com

We aim to respond to all inquiries within 2-3 business days.