Terms of service

Terms of Service

OVERVIEW

Welcome to Tipsy Apparel! The terms "we", "us" and "our" refer to Tipsy Apparel. Tipsy Apparel 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"). Tipsy Apparel 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 of Service 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 of Service 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, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your 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 settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to how they are depicted online, subject to our 30-Day Happiness Guarantee and applicable law.

All product descriptions are subject to change without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities offered.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Tipsy Apparel reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Tipsy Apparel confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted.

If we do not accept, change, or cancel an order, we will attempt to notify you using the contact information provided at checkout.

Your purchases are covered by our Refund Policy, including our 30-Day Happiness Guarantee.

You represent that your purchases are for 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 when the order is placed and will appear in your order confirmation.

Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

Promotional offers may be subject to separate terms and conditions.

You agree to provide accurate and complete payment and account information for all purchases and to promptly update information necessary to complete transactions.

You represent that you are authorized to use the payment method provided and agree to pay all applicable charges.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or circumstances outside our control, except as required by applicable law.

Once products are transferred to the shipping carrier, risk of loss is allocated as permitted by applicable law.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including trademarks, branding, text, images, graphics, product designs, reviews, videos, audio, and website content, are owned by Tipsy Apparel, its affiliates, or licensors and are protected by applicable intellectual property laws.

The Services are intended for personal, non-commercial use only. You may not reproduce, distribute, modify, republish, or commercially exploit our content without prior written consent.

Nothing in these Terms grants ownership or licensing rights to Tipsy Apparel, Shopify, or third-party intellectual property.

All rights not expressly granted are reserved.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools or services that we do not control.

These tools are provided "as is" and "as available" without warranties or endorsements. Your use of third-party tools is at your own discretion and risk.

New features or tools introduced to our Services will also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Our website may contain links to third-party websites, products, or services.

We are not responsible for the accuracy, content, policies, or practices of third-party websites.

Your interactions with third-party services are subject to their respective terms and policies.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Tipsy Apparel is powered by Shopify, which provides the technology supporting our online store.

All purchases are made directly from Tipsy Apparel, not Shopify.

Shopify is not responsible for sales transactions, products, customer service, refunds, or other obligations between Tipsy Apparel and its customers.

To the extent permitted by law, you release Shopify and its affiliates from claims arising from transactions directly with Tipsy Apparel.

SECTION 10 - PRIVACY POLICY

Personal information collected through our Services is subject to our Privacy Policy.

Because Shopify hosts our store, Shopify may collect and process information relating to your access and use of our Services.

Information may be shared with service providers and partners in accordance with our Privacy Policy and applicable law.

You may also review Shopify's Privacy Policy.

SECTION 11 - FEEDBACK

If you submit reviews, suggestions, photos, comments, or other feedback, you grant Tipsy Apparel a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, and display that feedback for business and promotional purposes, subject to applicable law.

You represent that you have the necessary rights to submit the content and that it does not violate the rights of others.

We reserve the right to remove feedback that is unlawful, misleading, abusive, or otherwise inappropriate.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, our website may contain errors relating to product descriptions, pricing, promotions, shipping charges, availability, or other information.

We reserve the right to correct inaccuracies, update information, or cancel affected orders as permitted by law, including after an order has been submitted.

SECTION 13 - PROHIBITED USES

You agree not to use our Services for unlawful, fraudulent, abusive, or malicious activities.

Prohibited activities include violating intellectual property rights, transmitting harmful software, submitting false information, sending spam, impersonating others, collecting personal information without authorization, or interfering with website security.

We reserve the right to suspend or terminate access for violations of these Terms.

SECTION 14 - TERMINATION

We may terminate or restrict access to our Services at our discretion, subject to applicable law.

Obligations and provisions that reasonably survive termination, including intellectual property protections, limitations of liability, and indemnification, will remain effective.

SECTION 15 - DISCLAIMER OF WARRANTIES

Our Services are provided on an "as is" and "as available" basis, except for warranties and guarantees expressly offered by Tipsy Apparel, including our 30-Day Happiness Guarantee, and rights provided under applicable law.

We do not guarantee that website access will be uninterrupted, secure, or error-free.

To the fullest extent permitted by law, we disclaim implied warranties not otherwise required by law.

Nothing in this section limits your rights under our Refund Policy or applicable consumer protection laws.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, Tipsy Apparel and its affiliates, employees, partners, contractors, and service providers will not be liable for indirect, incidental, special, consequential, or punitive damages arising from your use of the Services or products purchased through the website.

This includes lost profits, lost revenue, lost data, or similar damages.

Nothing in these Terms excludes liability that cannot legally be excluded or limits rights provided by applicable consumer protection laws.

SECTION 17 - INDEMNIFICATION

You agree to indemnify and hold harmless Tipsy Apparel, Shopify, and their respective affiliates, officers, employees, contractors, and service providers against third-party claims arising from your unlawful use of the Services, violation of these Terms, or infringement of third-party rights, to the extent permitted by applicable law.

SECTION 18 - SEVERABILITY

If any provision of these Terms is found unlawful or unenforceable, that provision will be limited or removed to the extent necessary without affecting the validity of the remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Failure to enforce any provision of these Terms does not constitute a waiver of that provision.

These Terms, together with our posted policies, constitute the entire agreement governing your use of our Services and supersede prior agreements relating to those Services.

SECTION 20 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our written consent.

Tipsy Apparel may assign its rights and obligations as permitted by applicable law.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements relating to our Services will be governed by applicable laws and interpreted in accordance with the jurisdiction where Tipsy Apparel is headquartered, subject to any mandatory consumer protection laws and jurisdictional requirements.

SECTION 22 - HEADINGS

Section headings are provided for convenience only and do not affect the interpretation of these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

We reserve the right to update or modify these Terms at any time by posting changes to our website.

Material changes will be communicated when required by law.

Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms, to the extent permitted by law.

SECTION 24 - CONTACT INFORMATION

Questions regarding these Terms of Service may be directed to:

Tipsy Apparel

Email: support@tipsyapparel.com

Website: https://www.tipsyapparel.com