Terms of Service
User Obligations
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
ONLINE STORE TERMS
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, or that you are 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 this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. To view our Return Policy, please visit [LINK TO RETURN POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Returns Policy.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see [LINK TO PRIVACY POLICY]
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Aprylstylezfashion, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Dispute Resolution & Arbitration Agreement
Section 1: Overview of Dispute Resolution
Any disagreement concerning your visit to, or utilization of, the Website, the Products, or any transaction or matter linked to this Agreement ("Dispute") shall be brought before small claims court or handled through confidential, binding arbitration. Such disputes shall be exclusively governed by the laws of the State of California, without regard to its conflict of law provisions.
Section 2: Class Action Waiver and Arbitration Agreement
(1) Arbitration of Claims: Subject to applicable law, Aprylstylezfashion and you mutually agree that all Disputes, apart from those filed in small claims court, shall be resolved through final and binding arbitration ("Arbitration Agreement"). References to "Aprylstylezfashion", "you", "we", and "us" within this Arbitration Agreement encompass our respective predecessors, successors, and assigns, as well as our past, present, and future parents, subsidiaries, and affiliates; these entities and our respective agents, employees, licensees, licensors, and content providers as of the time a claim arises.
This Arbitration Agreement is broadly construed and encompasses:
Disputes arising from or relating to any aspect of our relationship, whether contractual, tortious, fraudulent, or pursuant to any other legal theory.
Claims that arose before this or any prior Arbitration Agreement (including, but not limited to, claims related to advertising); and
Claims for non-physical mental or emotional distress or injury.
However, certain matters shall not be subject to arbitration and may only be adjudicated in California state and federal courts: (i) disputes concerning the validity of Aprylstylezfashion’s intellectual property and proprietary rights, including patents, trademarks, copyrights, or trade secrets; (ii) actions for injunctive relief; (iii) legal actions by Aprylstylezfashion against non-consumers; or (iv) interactions with governmental and regulatory bodies.
Either party may opt to resolve Disputes in small claims court seeking individualized relief, provided the action is not elevated or appealed to a general jurisdiction court.
(2) Waiver of Class Action and Jury Trial: You and Aprylstylezfashion agree that, to the fullest extent permitted by law, each party may only assert claims (whether in small claims court or arbitration) individually and may not partake in any class or collective action, consolidated action, private attorney general action, or representative proceeding. This precludes bringing a claim on behalf of a class or group, unless acting as a parent, guardian, or similar representative for an individual unable to bring their own claim. Furthermore, neither party may participate in any such proceeding initiated by a third party.
However, both parties may participate in a class-wide settlement. Additionally, both parties waive their right to a jury trial.
You acknowledge that you had the right to litigate in court, with a judge or jury deciding your case and participating in class or representative actions. However, you agree to have any claims resolved individually through arbitration or small claims court. You expressly agree not to bring or join any claim in a representative or class-wide capacity, including but not limited to class actions or class-wide arbitrations.
You have thirty (30) days from the date of product purchase or providing information to the website to opt out of this Arbitration Agreement. To opt out, you must contact us in writing at legal@aprylstylezfashion.com (email). If more than thirty (30) days have passed since product purchase or providing information, you cannot opt out regarding claims related to that product or website. This Arbitration Agreement falls under the purview of the Federal Arbitration Act (9 U.S.C. §§ 1-16) and will endure beyond the termination of this Agreement.
(3) Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: Both parties agree that sincere, informal efforts to resolve disputes often yield a prompt, cost-effective, and mutually beneficial outcome. Therefore, before initiating arbitration or filing a claim in small claims court, the initiating party must first send a written Notice of Dispute ("Notice") to the other party. A Notice sent to Aprylstylezfashion must be emailed to legal@aprylstylezfashion.com ("Notice Address").
The Notice must contain: (i) claimant’s name, address, and email address; (ii) description of the nature and basis of the claim or dispute; (iii) relevant facts regarding your use of the Aprylstylezfashion website; (iv) description of relief sought and damages calculation; and (v) a personally signed statement from the claimant verifying the Notice's accuracy. The Notice must be specific to your dispute.
After receiving a completed Notice, the parties shall make a good faith effort to resolve the dispute for 60 days (extendable by agreement). Both parties agree to a telephonic or video settlement conference upon request, to be held within a reasonable time after the 60-day period. If the dispute remains unresolved after this period, arbitration or small claims court proceedings may commence.
Adherence to these Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures is a prerequisite to arbitration initiation. The limitations period and filing fee deadlines shall be tolled during these procedures. Failure to comply may result in a court enjoining arbitration filing or imposing sanctions.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Aprylstylezfashion and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
By agreeing to these terms, you accept the responsibility to release, indemnify, and protect the Company, including its subsidiaries, affiliates, related companies, suppliers, licensors, and partners, as well as the officers, directors, employees, agents, and representatives of each, from any third-party claims and expenses (including reasonable legal fees) arising from: (1) your utilization of the Services; (2) your behavior or interactions with other users of the Services, including any Third-Party Sellers; (3) your violation of these Terms.
We will promptly inform you of any such claim and will offer you reasonable support in defending against it, at your cost. You agree to permit our involvement in the defense and not to settle any claim without our prior written consent. We retain the right, at our expense, to assume exclusive control over any matter subject to indemnification by you. In such circumstances, you are relieved of any further obligation to defend us in that matter. This provision does not require you to indemnify SHEIN for any unethical commercial practices or fraudulent activities conducted by SHEIN, including fraud, deception, false promises, misrepresentation, or withholding of material facts in connection with the Services provided under these terms.
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SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Please contact us for more questions about our Terms of Service.
You can contact via email @aprylstylezfashion.com Customer Service
For more Inquiries,
please Contact our Customer Service Platform
Inquiries@aprylstylstylezfashion.com
APRYLSTYLEZFASHION LLC