Terms & Conditions
Last Updated: May 1, 2021
These terms and conditions (“Terms”) govern, control, and apply to anyone (“user,” “customer,” “purchaser,” “you,” or “your”) accessing or using the website www.wearheathermarie.com and any other website(s) owned and operated by Heather Marie Conglomerate LLC (“Heather Marie,” “we,” “us,” or “our”) and any of our associated webpages (collectively, our “Services”).
1. ACCESS TO AND USE OF THE SERVICES
By accessing or using our Services, including purchasing any products through our Services, you represent, warrant, understand, and agree: (1) to accept, comply with, and be bound by these Terms; (2) that you have the right, authority, and capacity to be bound by these terms; (3) to comply with all applicable laws, rules, and regulations concerning your access to and use of our Services; and (4) that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or another applicable jurisdiction.
Certain Services may be subject to additional terms, guidelines, or rules, which will be available or displayed in conjunction with those relevant services; upon your access to or use of such services, any relevant additional terms will be thereby incorporated as part of these Terms.
You agree that you are solely responsible for the security of your account information–– including but not limited to your username, password, personal and payment information, and email address––associated with your access to and use of our Services. Heather Marie is not responsible for any loss you may incur as a result of any unauthorized access of your account associated with our Services.
2. INTELLECTUAL PROPERTY
(a) Copyright––All content on our Services is owned and copyrighted or licensed by Heather Marie or its third-party vendors or associates. No reproduction, distribution, or transmission of the copyrighted content on our Services is permitted, except with the express written permission of Heather Marie or the applicable third-party licensor.
Our policy is to remove or disable from our Services any content that infringes any copyright after receiving proper notice by the copyright owner or the copyright owner’s legal agent. Pursuant to 17 U.S.C. § 512 (the “Digital Millennium Copyright Act” or “DMCA”), notifications of claimed copyright infringement should be filed in accordance with the procedures set forth in the DMCA and sent to Heather Marie’s registered agent at:
Heather Marie Conglomerate LLC d.b.a Heather Marie Designs
539 W. Commerce Street - Suite 1477
Dallas, TX 75208
Telephone: (877) 677-8776
(b) Trademarks––HEATHER MARIE... DESIGNS, HM HEATHER MARIE... DESIGNS, and all other related marks, logos, names, designs, product and service names, and slogans displayed on our Services are trademarks or trade dress of Heather Marie, its affiliates, or its licensors. Such marks cannot be used without express written permission of Heather Marie or the applicable third-party licensor. All other names, brands, or marks appearing on our Services are used for identification purposes only, and are the trademarks of their respective owners.
3. UNAUTHORIZED USE OF THE SERVICES
4. LINKING TO THE SERVICES
If you hyperlink or otherwise redirect to our Services from a third-party website, application, or other digital platform or service, you understand and agree that: (1) we have no obligation to make our Services, or the content therein, continually accessible and are not responsible for any liability you may incur to any third-parties as a result of said linking to our Services; (2) all conditions and limitations of use contained within these Terms remain in full effect; (3) all intellectual property rights relating to Heather Marie and our Services remain the exclusive property of Heather Marie or the applicable third-party licensor; and (4) we may terminate your access to our Services at any time for any reason whatsoever. Your act(s) of hyperlinking or otherwise redirecting to our Services from third-party sources will not constitute an endorsement by us of the products, services, views, or content associated with any third-party sources from which such acts of linking or redirecting to our Services occur.
5. LINKING TO THIRD-PARTY WEBSITES
If Heather Marie displays any hyperlinks to third-party websites on our Services, or otherwise provides any opportunities on or through our Services for user-initiated redirection away from our Services to a third-party website, application, or other digital platform or services, Heather Marie is not responsible for and makes no representations or warranties regarding any third-party content users may encounter upon being redirected away from our Services. Such displays do not constitute an endorsement by us of any third-parties, or the products, services, views, or content thereof.
6. TERMS OF SALE
By placing an order for any product(s) through our Services, you are: (1) making an offer to purchase said product(s); (2) representing that you are of legal age and capacity to enter into a binding contract for the purchase of said product(s); (3) representing that all information provided to us in connection with said order is true and accurate; and (4) that you are an authorized user of the payment method provided for said purchase. The receipt by you of an order confirmation, invoice, or other method of receipt of your offer does not constitute an acceptance by us of your offer to purchase any product(s). Heather Marie reserves the right to refuse any request made by you, and to accept or decline your order, in whole or in part, at any time and for any reason whatsoever.
Heather Marie reserves the right to limit the total number of products you may order in a given transaction, or across multiple transactions, without prior notification. The prices listed on our Services: (1) do not constitute an offer to sell any product(s), and your submission of an order does not constitute an acceptance of any offer by us; and (2) may not represent the actual price of any given product(s). Heather Marie reserves the right to refuse or cancel any order placed for any product(s) we determine to have been incorrectly priced on our Services, regardless of whether or not the order has been fully processed.
We have made our best efforts to accurately display the color and styles of all products displayed on our Services; however, actual color of any product(s) may vary, and such variance is dependent on factors including, but not limited to, the display specifications of your computer or other device with which you access our Services. Heather Marie makes no warranties or representations regarding actual color of any of our products, and will not consider customer complaints regarding actual color as grounds for constituting a defective product for the purposes of our Return Policy.
All prices displayed on our Services are quoted in United States dollars (USD). The risk of loss and title for product(s) purchased by you pass to you upon our delivery of the product(s) to the carrier. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. The Seller will provide a seven-day price match. If within seven days of placing your order, a promotion is launched that effects the pricing of the items in an order, you can contact the Seller to receive a price match during the time of the promotion. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. The term “Sale” may be used to communicate pricing information and refers to a reduced price for a product or service. The term “Clearance” may be used to communicate pricing information and refers to a reduced price for a product or service that will be discontinued. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
7. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
(b) Title and risk of loss pass to you upon our transfer of the products to the deliverer. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
8. RETURN POLICY
All products purchased through our Services are custom or made-to-order. We do not accept returns or exchanges, and we will not issue refunds for any products. Remedies for defective products are limited to repair or replacement of the same product, customized to the same specifications as the original order, unless otherwise agreed to in writing by Heather Marie. Heather Marie reserves the right to determine whether or not a product purchased by you qualifies as defective. If you consider a product you purchased to be defective, please contact us via email within seven (7) calendar days of your receipt of the product and provide details of the product and any purported defects. Upon receipt of our agreement to inspect the purportedly defective product, please ship the product to our company address displayed in the contact section of our Services.
Upon our receipt of a purportedly defective product, we will fully inspect and examine the product and notify you via email within a reasonable time whether or not the product qualifies as defective. We agree to make any repairs or replacements for such qualifying defective products at no additional cost to you from the original purchase price, and we agree to ship the repaired product or replacement product to you at your return address (or an address otherwise specified by you via email) within a reasonable time. Heather Marie reserves the right in our sole discretion to reimburse users for return shipping expenses related to purportedly defective products.
9. DISCLAIMER AND LIMITATION OF LIABILITY
Heather Marie does not assume any liability or responsibility for any errors, mistakes, or inaccuracies regarding the content and products displayed on or made available through our Services. In no event will Heather Marie be liable to you or any third-party for any damages, whether indirect, consequential, incidental, special, or punitive, arising from or connected in any way with our Services.
Unless expressly provided in another provision of these Terms, Heather Marie disclaims all warranties of any kind, either express or implied, including implied warranties of merchantability and fitness for a particular purpose. Heather Marie does not warrant that our Services or servers are free from any viruses, malware, or any other harmful elements. Your use of our Services is at your own risk and at your sole discretion. If you are dissatisfied with our Services or these Terms, your sole and exclusive remedy is to discontinue your use of our Services.
You agree to indemnify, defend, and hold harmless Heather Marie, its shareholders, officers, directors, employees, agents, distributors, vendors, manufacturers, and affiliates from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from or arising out of your breach of any of these Terms. Heather Marie reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you; in such event, you agree to fully cooperate with Heather Marie in asserting any available defenses at law or in equity. Heather Marie reserves this right in its sole discretion, and disclaims any duty to defend you for such claims otherwise subject to indemnification by you.
11. CHANGES TO TERMS
Heather Marie reserves the right to update, change, modify, or otherwise alter these Terms at any time. If any material changes are made to these Terms, Heather Marie will notify you by posting the revised Terms on the Services or notify you through the Services within a reasonable time. Heather Marie agrees to display within these Terms the date on which these Terms were last modified. What constitutes a material change will be determined at our sole discretion. Any access or use of the services by you after such changes go into effect will constitute and be deemed your agreement to these Terms. If you do not want to be bound by these Terms, do not access or use any part of our services.
13. GENERAL LEGAL PROVISIONS
(a) Governing Law and Consent to Jurisdiction––This agreement is to be governed by, construed, and enforced in accordance with the laws of State of Texas, without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, TX for any and all disputes arising out of or related to these Terms or your access to and use of our Services. In the event that any dispute is brought in court, instead of through arbitration, both Parties hereby waive any right to a trial by jury or to participate in a class action against one another.
(b) Remedies––You hereby agree that that monetary damages may not provide a sufficient remedy for the violation of these Terms, and you consent to injunctive relief or other remedies available at law or in equity for the violation of these Terms.
(c) Arbitration––You hereby agree that 9 U.S.C. §§ 1-16 (the “Federal Arbitration Act” or “FAA”) will apply to these Terms, and that any and all claims, disputes, or controversies––whether sounding in contract, tort, or otherwise, and regardless of the identity of the complaining Party––related to these Terms or your access to and use of our Services, including written contracts for the interstate sale of products by Heather Marie through our Services, will be resolved exclusively through binding individual arbitration, rather than in court. The previous declaration notwithstanding, Heather Marie reserves the right to forgo arbitration in the event that Heather Marie factually establishes a legitimate commercial need to do so under the FAA. This arbitration provision: (1) will be solely construed in accordance with the FAA; (2) will be enforceable in both state and federal courts; and (3) will preempt any state laws or policies to the contrary.
The arbitration of any dispute will be administered by the American Arbitration Association (“AAA”). In the event that the AAA is unable or unwilling to administer the arbitration of any dispute arising under the enforcement or interpretation of these Terms, the Parties agree to mutually select an impartial and neutral arbitration service, as determined by the Parties’ attorneys and the specific arbitrator’s background in the field of arbitration and law in general. Each Party will be responsible for its expenses in preparing and presenting its case in arbitration; however, Heather Marie agrees to pay any administrative arbitration costs or fees charged by the arbitrator.
(d) Severance––If any condition within these Terms is deemed invalid, void, or for any reason unenforceable by a court of competent jurisdiction, such provisions will be deemed severable and will not affect the validity or enforceability of any remaining conditions within these Terms as long as the economic or legal substance of the transactions contemplated in these Terms is not affected in any manner materially adverse to either Party. Any unenforceable or invalid provisions within these Terms will be deemed superseded by a valid and enforceable provision that most closely resembles the intent of such severed provisions.
(e) General Reservation of Rights––All rights not expressly granted herein are hereby reserved by Heather Marie.
(f) No Special Relationship––Nothing in these Terms creates any special or confidential relationship between the Parties, including but not limited to the following special relationships: principal and agent, partners, or joint-ventures.
(g) Construction––No provision in these Terms will be construed against or interpreted to the disadvantage of any Party by any court or other governmental or judicial authority by reason of such Party having or being deemed to have structured, drafted, or dictated such provision.
(h) Titles, Headings, and Captions––The titles, headings, and captions in these Terms are included for convenience and reference only and will not be deemed to constitute part of or to affect the construction of these Terms.
(i) Attorneys’ Fees––In the event of any legal action to enforce or interpret these Terms, the prevailing Party will be entitled to recover its reasonable attorneys’ fees and costs.