Terms & Conditions

The following any other rules posted on our Site (collectively the “Effective Sun”) constitute an agreement between Zatcomerce LLC (“Effective Sun”, “we”, “our”, “us”) and you, the visitor, governing your access and use of all content and functionalities available at the Effective Sun website, related micro-sites accessed through the URL https://effectivesun.com , related domain names, and any other website or micro-site of Effective Sun (collectively the “Site”).

By visiting the Site, you are accepting and consenting to the practices described in the Effective Sun. We may modify the Effective Sun from time to time and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified Effective Sun.

Those persons wishing to use our services must read and agree to be bound by our policies relating to those services. In particular, we draw your attention to our policies relating to the terms of purchase and our Privacy Policy. If you are under 18, you must let your parent or guardian know about Effective Sun Privacy Policy before you register to use this Site or any of this Site’s services.

Please read the Effective Sun and check back often. If you do not agree to any change to the Effective Sun, then you must immediately stop using the Site.

Registration and account Terms and Conditions

To use some of the services or features made available to you on this Site you will need to register for an account. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address support@effectivesuncom . We may also change registration requirements from time to time.

Here are the some of the benefits you’ll be able to enjoy by registering with us for a Effective Sun account:

  • Track your orders and review past purchases
  • Request your return or exchange directly from your account
  • Build a customized Wish List to create personalized outfits that you can email to friends and family. Plus, you can also print your shopping lists for increased convenience
  • Add sold out items to your Wish List so you can see if more stock arrives
  • Select your Favorite Designers so we can tell you when new items have arrived
  • Save your address and card details so you can shop even quicker next time
  • Manage your account details, address book and email preferences

To create an account, simply click on SIGN IN and then REGISTER NOW to fill in your details. The account password you create should be unique and kept secure, and you must notify Effective Sun immediately of any breach of security or unauthorized use of your account.

Should you have any issues with your account or need any help in relation to it, then please do not hesitate to contact our Customer support team. However, please note that we can only communicate with the named account holder in relation to any questions, changes or cancellation of an account.

Forgotten password

If you have forgotten your password, let contact us via email: support@effectivesun.com to change it or follow the FORGOTTEN PASSWORD instructions on the SIGN IN page. For security reasons we are unable to send your password via email.

Please refer to our Privacy Policy for information about how we use your data.

Eligibility to purchase

The purchase of merchandise through the Zatcomerce LLC (“Effective Sun “) is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of New York.

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the Effective Sun terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Effective Sun, and who have authorized Effective Sun to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, Effective Sun reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise, you expressly authorized us to perform credit checks and, where Effective Sun feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

Orders

All orders are subject to acceptance and availability, and Items in your shopping basket are not reserved and may be purchased by other customers.

We offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our designer suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to us. Effective Sun will only take Advance Purchase orders for stock that has been scheduled for delivery by a designer supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at Effective Sun. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.

Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.

We will store a record of your transactions for a minimum of one year.

Pricing Policy

Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, local sales tax will be charged on all orders (where applicable).

From time to time, prices are subject to change in response to currency exchange rate changes,markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.

Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.

If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

Regardless of your shopping destination and the currency you shop in, your purchase may be processed by one of our regional affiliate companies in which case your bank may charge you an international transaction fee. Effective Sun is not responsible for any such fee or charge.

Sale price adjustment policy

Effective Sun is happy to offer a Sale Price Adjustment on items purchased up to 3 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your Effective Sun account in the form of a store credit which will be valid for 12 months.

We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.

Acceptance of your order

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the contract between you and we will be perfected when we dispatch the goods to you at which time you will receive a second email containing you tracking number, and confirming that your order has been dispatched. The sale contract is therefore concluded in the State of New York, USA, and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of Effective Sun.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the Effective Sun.

Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

Payment

Payment can be made by Stripe: Visa, MasterCard and American Express, and any other methods which may be clearly advertised on the Site from time to time. Once this transaction is complete, you will then return to Effective Sun. Payment will be debited and cleared from your account upon dispatch of your order by Effective Sun.  You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Effective Sun, we will not be liable for any delay or non-delivery.

We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Effective Sun user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

To help ensure that your shopping experience is safe, simple, and secure, Effective Sun uses Secure Socket Layer (SSL) technology.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

Promotion Codes

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

Insurance and delivery

ou will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you.

Effective Sun insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by us, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.

The signature can be waived for domestic orders dispatched via DHL or YunExpress. When placing an order, the signature requirement is set by default; however, you can update your preference on the shipping page before proceeding to purchase. Please note, that if no signature is collected, you agree to our terms and conditions and, confirm that Effective Sun can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. You authorise Effective Sun to leave the package(s) at the shipping address without obtaining a signature and release and indemnify Effective Sun from liability for any loss or damage that may result from leaving the package(s) at your shipping address without obtaining a signature.

Please note that we aim to dispatch all orders within 9 to 15 days (exclude order processing time). Delivery times appearing on the Site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 35 days of the day on which we accept your order.We are not responsible for any delays caused by destination customs clearance processes.

If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.

Exchanges and Returns

ARRANGING YOUR EXCHANGE OR RETURN

You must request your exchange or return and send your unwanted items back to us within 7 days for a refund of the value of the item only, or an exchange on the same item in a different size, based on stock availability. Please refer to our Exchanges & Returns policy for further details on how to request your return.

RETURNING YOUR PURCHASE

Making a return for a refund, store credit, or exchange is easy using either our Domestic Returns or International Returns service. All items must be sent back to us within 7 days of receiving your order.

Please click here for details of our Exchanges & Returns Policy, which is part of these Terms and Conditions.

FLASH SALE

Products marked as “FlashSale” cannot be returned or exchanged.

OUR RETURNS

Please be aware that we will not be held responsible for any items that are returned to us which were not purchased from Effective Sun. This includes personal items as well as items which may have been purchased from other third party companies. Whilst we will make reasonable efforts to try and locate the owner of any such items, it is your responsibility to contact Customer Care as soon as possible in order to arrange their return to you. In such circumstances, we will charge you an additional cost for returning these items. Please note that we will only ever be able to return the items to you directly, and not to any third party or company. Certain items (such as passports, driving licences and bank cards) will always be sent to the relevant authority, bank or government agency directly and you should report any loss of these items to the appropriate office immediately.

We will keep non-Effective Sun items for up to one month, however we reserve the right to dispose of them as we deem fit after this time (which may include donating such items to a charity of our choice). Any hazardous or flammable products, as well as items of little monetary value (e.g. pens, glasses, keys) will be disposed of immediately.

Intellectual property rights

You acknowledge and agree that all copyright, designs, the “look and feel” of the Site, trademarks and all other intellectual property and material rights relating to the Content as herein described, including Effective Sun Software and all HTML and other code contained in this Site, shall remain at all times vested in Effective Sun and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by Effective Sun and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

Content

In addition to the Intellectual property rights mentioned above, “Content” is defined as all information such as the “look and feel” of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. Effective Sun tries to ensure that the information on this site is accurate and complete. Effective Sun does not warrant or represent that Effective Sun Content is accurate, error-free or reliable or that your use of Effective Sun Content will not infringe rights of third parties. Your use of the Web Site is at your risk. Effective Sun  does not warrant that the functional aspects of the Web Site or Effective Sun Content will be error free or that this Web Site, Effective Sun Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site, or NET‑A‑PORTER’s Content results in the need for servicing or replacing property, material, equipment or data, NET‑A‑PORTER is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you “as is” and “as available” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. Effective Sun and its suppliers make no warranties about Effective Sun Content, software text, downloads, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. Effective Sun reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that Effective Sun is not liable to you or any third party for any such withdrawal.

Opinions expressed on Effective Sun TV are the personal opinions of the authors and do not reflect the views of Effective Sun . By posting you agree to be solely responsible for the content of all information you contribute. You also grant to Effective Sun a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to72 hrs to be displayed but Effective Sun does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail support@effectivesun.com. Effective Sun reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.

The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Effective Sun and we accept no responsibility for any such views expressed in any media.

No commercial use

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

Your activity

You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Effective Sun , we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.

You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.

Third party

We may include hyperlinks on this Site to other websites or resources operated by parties other than Effective Sun , including advertisers. Effective Sun has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

General

While Effective Sun will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these Effective Sun shall limit your rights as a consumer under the laws of the State of New York.

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.

You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the Effective Sun.

Digital Millenium Copyright Act

Idemnification

At our request, you agree fully to defend, indemnify and hold harmless Effective Sun immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Effective Sun by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these Effective Sun and your use of the Site and the Services.

General Legal Terms

  • (a) Complete Terms: The Effective Sun constitute the whole legal agreement between you and Effective Sun and govern your use of the Services and completely replace any prior agreements between you and Effective Sun in relation to the Services. Notwithstanding the foregoing, you understand that Effective Sun may make changes to the TOS from time to time. When these changes are made, Effective Sun will make a new copy of the Effective Sun available at https://effectivesun.com. You agree that Effective Sun is under no obligation to provide you with notices regarding changes to the Effective Sun. You understand that it is your responsibility to check the Effective Sun regularly for changes.
  • (b) Modifications to the Services: Effective Sun is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Effective Sun provides may change from time to time without prior notice to you. You further acknowledge and agree that Effective Sun may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Effective Sun sole discretion, without prior notice to you.
  • (c) Confidentiality: You understand that Effective Sun grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Effective Sun reserves the right to revoke these exceptions either generally or in specific cases.
  • (d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the Effective Sun. You understand that you are solely responsible for (and that Effective Sun has no responsibility to you or to any third party for) any breach of your obligations under the Effective Sun and for the consequences including any loss or damage which Effective Sun may suffer) of any such breach.
  • (e) Rights Not Waived: You agree that if Effective Sun does not exercise or enforce any legal right or remedy which is contained in the Effective Sun (or which Effective Sun has the benefit of under any applicable law), this will not be taken to be a formal waiver of Effective Sun rights and that those rights or remedies will still be available to Effective Sun.
  • (f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Effective Sun is invalid, then that provision will be removed from the Effective Sun without affecting the rest of the Effective Sun. The remaining provisions of the Effective Sun will continue to be valid and enforceable.
  • (g) Governing Law: The Effective Sun, and your relationship with Effective Sun under the Effective Sun, shall be governed by the laws of the State of New York. You and Effective Sun agree to submit to the exclusive jurisdiction of the State and Federal courts in New York City, New York, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.
  • (h) Violation of Effective Sun: Please report any violations of the Effective Sun by emailing support@effectivesun.com.
  • (i) Independent Relationship: You and Effective Sun are independent contractors, and these Effective Sun, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and Effective Sun. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the Effective Sun. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the Effective Sun.

Subscription Terms and Conditions

To find out more about how we use your data, view our Privacy Policy.

Need help? Email Support@effectivesun.com or call 816-565-4373 (US or internationally).