Terms & Conditions
These Terms & Conditions (“Terms”) are a binding agreement between you and Essato&Co (“we,” “our,” or “us”). They govern your access to essatoandco.com (the “Site”) and, except as stated below for international orders, your purchase and use of our products. By clicking to accept these Terms, creating an account, enrolling in the Collector’s Club, or submitting an order through a checkout that conspicuously links to these Terms, you agree to be bound by them. If you do not agree, do not create an account, enroll in the Collector’s Club, or submit an order.
1. Eligibility and Accounts
You must be at least 18 years old or the age of majority where you live to place an order. You are responsible for information submitted through your account, maintaining the confidentiality of your credentials, and notifying us promptly of suspected unauthorized use. You may not misuse the Site, interfere with its operation, or use it unlawfully.
2. Products, Availability, and Pricing
Product descriptions, images, and prices are provided in good faith. Colors and appearance may vary by device. Products and promotions are subject to availability, stated conditions, and quantity limits. We may correct errors and cancel an affected order before shipment; if we cancel after payment, we will refund the amount charged. Taxes and shipping charges are shown at checkout where practicable. Nothing in these Terms limits liability for a materially misleading description or other non-waivable consumer right.
Business customers may inquire about preferred pricing or approved credit terms at partners@essatoandco.com. Separate written terms control any approved business credit account.
3. Orders and Contract Formation
Your order is an offer to purchase. For domestic orders, acceptance occurs when we send a shipment confirmation, unless applicable law provides otherwise. An order acknowledgment does not necessarily constitute acceptance. We may reject or cancel an order for legitimate reasons, including suspected fraud, pricing or inventory errors, shipping restrictions, or violation of these Terms. Contact support@essatoandco.com promptly about changes; we cannot guarantee modification or cancellation after processing begins.
4. Payment
Payment is due at checkout unless separate written credit terms apply. Available methods vary by location and are displayed at checkout. Payment providers process payment information under their own terms and privacy notices.
5. International Orders and Global-e
When an international checkout identifies Global-e or its affiliate as merchant of record, the sale is between you and that identified Global-e entity and is governed by the Global-e Terms of Sale presented or linked at checkout. Essato&Co remains the product brand and may provide customer support, but the checkout terms control merchant-of-record matters, import responsibility, taxes and duties, payment, cancellation, and destination-specific rights. If these Terms conflict with the Global-e Terms of Sale for an international transaction, the Global-e Terms of Sale control that transaction to the extent of the conflict. Mandatory consumer rights remain unaffected.
6. Shipping; Risk of Loss
Shipping options and estimates are described in our Return, Refund & Shipping Policy and at checkout. Estimates are not guarantees. Responsibility for loss or damage transfers only as provided by applicable law. We are not responsible for delay caused by events beyond our reasonable control, but this does not eliminate any right to cancel or obtain a remedy under applicable law.
7. Returns and Refunds
Our Return, Refund & Shipping Policy is incorporated into these Terms. In the event of a conflict, mandatory consumer law controls. International returns may also be governed by the Global-e Terms of Sale and destination-specific rights.
8. Personalized and Embroidered Items
Personalized and embroidered items are made to order and are not returnable under our voluntary policy unless defective, damaged, or incorrect. Any mandatory rights remain unaffected.
If you submit a logo, image, text, or other content (“Submitted Content”), you retain ownership and grant us and our vendors a nonexclusive, worldwide, royalty-free license to use, reproduce, modify as technically necessary, and display the Submitted Content solely to process and fulfill your order, provide support, maintain required records, and address legal claims. You represent and warrant that you have all rights and permissions necessary for this use and that the Submitted Content does not violate law or third-party rights. You agree to indemnify and hold Essato&Co and its service providers harmless from third-party claims, damages, and reasonable costs arising from your breach of that representation, except to the extent caused by our unauthorized use or misconduct. We may reject content that we reasonably believe is unlawful, infringing, hateful, deceptive, or otherwise inappropriate.
9. Intellectual Property
The Site and its content, including text, graphics, photographs, logos, product designs, software, and compilation, are owned by or licensed to Essato&Co and protected by intellectual-property laws. Subject to these Terms, we grant you a limited, revocable, nonexclusive, nontransferable license to access and use the Site for personal, noncommercial shopping purposes. You may not copy, scrape, modify, distribute, sell, reverse engineer, or exploit the Site or content except as law expressly permits.
10. Third-Party Services and Links
The Site may link to or integrate third-party services. Their terms and privacy notices govern their services. We are not responsible for third-party content or practices, except to the extent applicable law provides otherwise.
11. Disclaimers
To the fullest extent permitted by law, the Site and products are provided “as is” and “as available,” and we disclaim implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. This disclaimer does not apply to any express product warranty or any warranty, guarantee, or consumer right that cannot lawfully be disclaimed.
12. Limitation of Liability
To the fullest extent permitted by law, Essato&Co and its affiliates, officers, employees, and agents will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or lost profits or data, arising out of or related to the Site, products, or these Terms, even if advised of the possibility.
To the fullest extent permitted by law, our aggregate liability for a claim will not exceed the greater of (a) the amount you paid to Essato&Co for the product or transaction giving rise to the claim or (b) $100. These limitations do not apply to liability that cannot lawfully be limited, including, where applicable, liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, willful misconduct, or violation of non-waivable consumer rights. Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.
13. Indemnification
To the extent permitted by law, you agree to indemnify Essato&Co against third-party claims and reasonable costs arising from your unlawful misuse of the Site, your Submitted Content, or your material breach of these Terms. This provision does not require indemnification for our own negligence, willful misconduct, or violation of law.
14. Collector’s Club
Participation in the Collector’s Club is governed by the separate Collector’s Club Terms presented at enrollment and incorporated here by reference. Program participation does not require consent to receive marketing. Essato&Co Credit has no cash value and is nontransferable except where applicable law requires otherwise.
15. Governing Law
These Terms are governed by Maryland law, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 16. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Mandatory consumer protections of your place of residence remain unaffected.
16. Dispute Resolution; Binding Arbitration; Class-Action and Jury-Trial Waivers
Please read this section carefully. It affects your legal rights. Except for matters eligible for small-claims court and certain requests for injunctive relief described below, you and Essato&Co agree to resolve disputes through binding individual arbitration and waive the right to a jury trial or to participate in a class, collective, consolidated, or representative action.
16.1 Informal Resolution
Before filing an arbitration or court proceeding, the claimant must send the other party a written Notice of Dispute describing the claimant’s name and contact information, the order or account at issue, the factual and legal basis of the dispute, and the specific relief requested. Notices to Essato&Co must be mailed to Essato&Co, Attn: Legal—Notice of Dispute, 8161 Maple Lawn Boulevard, Suite 410, Fulton, Maryland 20759, United States, and emailed to support@essatoandco.com with “Notice of Dispute” in the subject line. We will send our notice to the most recent email or mailing address associated with your account. The parties will attempt in good faith to resolve the dispute for 30 days after receipt. Any applicable limitations period will be tolled during that 30-day period.
16.2 Agreement to Arbitrate
If the dispute is not resolved informally, either party may elect binding arbitration of any claim or controversy arising out of or relating to the Site, any product, an order, the Collector’s Club, these Terms, or the parties’ relationship, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (each, a “Dispute”). The arbitrator, and not a court, will decide all issues concerning the scope, validity, enforceability, formation, and arbitrability of this Section 16, except that a court will decide any issue concerning the Class-Action Waiver in Section 16.6 and any request for public injunctive relief to the extent applicable law requires court determination.
16.3 Exceptions
Either party may bring an individual claim in a small-claims court of competent jurisdiction if the claim remains eligible and proceeds only on an individual basis. Either party may also seek temporary or preliminary injunctive relief in a court of competent jurisdiction to preserve the status quo pending arbitration, and Essato&Co may seek relief in court for actual or threatened infringement, misappropriation, or violation of intellectual-property rights. Seeking such relief does not waive arbitration of other claims. Nothing in this Section prevents a consumer from reporting a matter to a governmental agency.
16.4 Arbitration Administrator and Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this Section. If the AAA Mass Arbitration Supplementary Rules apply to a group of related demands, those supplementary rules will also govern. The AAA rules and filing information are available at www.adr.org or by calling 1-800-778-7879. If AAA is unavailable or unwilling to administer the arbitration consistent with this Section, the parties will confer in good faith to select another nationally recognized administrator; if they cannot agree, a court of competent jurisdiction will appoint the administrator under 9 U.S.C. § 5. The arbitration may be conducted by telephone, videoconference, document submission, or an in-person hearing reasonably convenient to you, as provided by the applicable rules. The arbitrator may award any individual remedy available in court and will provide a reasoned written decision sufficient to explain the essential findings and conclusions.
16.5 Fees
Payment of filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules and applicable law. Essato&Co will pay fees it is required to pay under those rules or applicable law. Each party will bear its own attorneys’ fees and costs unless the arbitrator awards them under applicable law. If the arbitrator finds that a claim or requested relief was frivolous or brought for an improper purpose under the standards of Federal Rule of Civil Procedure 11, the arbitrator may allocate fees and costs as permitted by the applicable rules and law.
16.6 Individual Proceedings and Class-Action Waiver
You and Essato&Co agree that each may bring claims against the other only in an individual capacity and not as a plaintiff, claimant, or class member in any purported class, collective, consolidated, private-attorney-general, or representative proceeding. Unless both parties agree in writing, no arbitrator may consolidate more than one person’s claims or preside over any form of representative or class proceeding. If a final judicial decision determines that applicable law prevents enforcement of this paragraph as to a particular claim or request for relief, that claim or request for relief will be severed and may proceed in court after all arbitrable claims are completed; the remainder of this Section will remain enforceable.
16.7 Jury-Trial Waiver
To the fullest extent permitted by law, for any dispute that is not subject to arbitration, you and Essato&Co each knowingly and voluntarily waive any right to a trial by jury. This waiver does not apply where applicable law makes a pre-dispute jury waiver unenforceable.
16.8 Opt-Out Right
You may opt out of this Section 16 by sending a signed written notice within 30 days after the date you first accept these Terms. The notice must state your full name, mailing address, email address associated with your account, and a clear statement that you opt out of the Essato&Co arbitration agreement. Send the notice by mail to Essato&Co, Attn: Arbitration Opt-Out, 8161 Maple Lawn Boulevard, Suite 410, Fulton, Maryland 20759, United States, or by email to support@essatoandco.com with “Arbitration Opt-Out” in the subject line. Opting out will not affect any other provision of these Terms or your ability to use the Site or purchase products. An opt-out applies only to the individual who submits it.
16.9 Court Forum; Severability; Survival
For any court proceeding permitted under this Section, and subject to any non-waivable right to proceed elsewhere, the state courts located in Howard County, Maryland, and the United States District Court for the District of Maryland will have exclusive jurisdiction, and each party consents to personal jurisdiction there. Except as provided in Section 16.6, if any portion of this Section is unenforceable, it will be severed and the remainder enforced to the fullest extent permitted by law. This Section survives termination of these Terms and your relationship with Essato&Co.
17. Changes to These Terms
We may update these Terms prospectively by posting a revised version with a new “Last updated” date. Changes do not retroactively alter an accepted order unless you agree or applicable law permits. If a material change affects an ongoing service or program, we will provide any notice required by law.
18. Severability; Waiver; Assignment
If a provision is unenforceable, it will be enforced to the maximum extent permitted and the remainder will remain in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, reorganization, financing, sale of assets, or operation of the business, subject to applicable law.
19. Contact
Essato&Co
8161 Maple Lawn Boulevard, Suite 410, Fulton, Maryland 20759, United States
General inquiries: support@essatoandco.com | Returns: support@essatoandco.com
