服务条款
TERMS OF SERVICE
OVERVIEW
Welcome to Stacy Stewart Smith Enterprises, Inc. The terms "we," "us," and "our" refer to Stacy Stewart Smith Enterprises, Inc., a New York S corporation. Stacy Stewart Smith Enterprises, Inc. operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Our store is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or Privacy Policy, you should not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 — OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services. However, colors or product appearance may differ from how they appear on your screen due to your device type, settings, and configuration. We do not warrant that the appearance or quality of any products purchased will meet your expectations or be identical to depictions in our online store.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.
AI-Generated Imagery Disclosure: Some product imagery on this site features AI-generated models and stylized backgrounds for illustrative purposes only. These images do not depict real individuals and are not intended to represent actual persons, clients, or endorsers. Actual garment fit and appearance may vary based on individual measurements. All made-to-order clients participate in a fitting consultation prior to production to ensure accurate results. All garments are genuine handcrafted products of Stacy Stewart Smith Enterprises, Inc.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. Stacy Stewart Smith Enterprises, Inc. reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance and receive and process your payment. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted.
In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time of the order.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 — PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
You agree to provide current, complete, and accurate purchase and payment information for all purchases. You agree to promptly update your account information, including email address and credit card details, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use such credit card; (iii) charges incurred will be honored by your credit card company; and (iv) you will pay all charges at posted prices, including shipping, handling, and applicable taxes.
SECTION 5 — SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, displays, images, graphics, video, and audio, and the design, selection, and arrangement thereof, are owned by Stacy Stewart Smith Enterprises, Inc., its affiliates, or licensors, and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent.
Stacy Stewart Smith Enterprises, Inc.'s names, logos, product and service names, designs, and slogans are trademarks of Stacy Stewart Smith Enterprises, Inc. or its affiliates or licensors. You must not use such trademarks without prior written permission. Shopify's name, logo, and related marks are trademarks of Shopify. All other marks on the Services are the trademarks of their respective owners.
SECTION 7 — OPTIONAL TOOLS
You may be provided access to third-party tools as part of the Services, which we neither monitor nor control. We provide access to such tools "as is" and "as available" without any warranties or endorsement. We shall have no liability arising from your use of optional third-party tools. Any use of such tools is entirely at your own risk.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain hyperlinks to third-party websites. We are not responsible for the content or accuracy of any third-party materials or websites. If you leave the Services to access third-party sites, you do so at your own risk. Complaints or questions regarding third-party products or services should be directed to the third party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Stacy Stewart Smith Enterprises, Inc. is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make are made directly with Stacy Stewart Smith Enterprises, Inc. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Stacy Stewart Smith Enterprises, Inc., including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Stacy Stewart Smith Enterprises, Inc.
SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies. Information you submit may be transmitted to and shared with Shopify and third parties in order to provide services to you.
SECTION 11 — FEEDBACK
If you submit any ideas, suggestions, feedback, reviews, or proposals (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.
You represent and warrant that you own or have all necessary rights to all Feedback submitted, and that your Feedback will not violate any third-party rights or these Terms. We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any errors or inaccuracies and to change or update information or cancel orders at any time without prior notice.
SECTION 13 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any regulations, rules, laws, or ordinances; (c) to infringe upon intellectual property rights; (d) to harass, harm, defame, or intimidate any person; (e) to transmit false or misleading information; (f) to send unsolicited advertising or spam; (g) to impersonate any person or entity; or (h) to engage in any conduct that restricts or inhibits anyone's use of the Services.
You also agree not to: (a) upload viruses or malicious code; (b) reproduce, sell, or exploit any portion of the Services; (c) collect personal information of others; (d) spam, phish, or scrape; or (e) interfere with or circumvent the security features of the Services. We reserve the right to suspend or terminate your account at any time without notice for any violation of these Terms.
SECTION 14 — TERMINATION
We may terminate this agreement or your access to the Services at any time without notice, and you will remain liable for all amounts due up to the date of termination. Sections covering Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Privacy Policy will survive termination.
SECTION 15 — DISCLAIMER OF WARRANTIES
The information presented through the Services is made available solely for general information purposes. We do not warrant its accuracy, completeness, or usefulness.
EXCEPT AS EXPRESSLY STATED BY STACY STEWART SMITH ENTERPRISES, INC., THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
SECTION 16 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL STACY STEWART SMITH ENTERPRISES, INC., OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES.
SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Stacy Stewart Smith Enterprises, Inc., Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, arising out of (1) your breach of these Terms; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
SECTION 18 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. Such determination shall not affect the validity of any other remaining provisions.
SECTION 19 — WAIVER; ENTIRE AGREEMENT
The failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, together with any policies posted on this site, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between you and us.
SECTION 20 — ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations without our prior written consent. Any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 — GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York. You and Stacy Stewart Smith Enterprises, Inc. consent to venue and personal jurisdiction in the federal and state courts located in New York.
SECTION 22 — HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 — CHANGES TO TERMS OF SERVICE
We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 24 — CONTACT INFORMATION
Questions about the Terms of Service should be directed to:
Stacy Stewart Smith Enterprises, Inc. couture@stacystewartsmith.com 347-822-7483