Terms of service
OVERVIEW
Welcome to BLUSHLY™! The terms “we,” “us,” and “our” refer to BLUSHLY™. BLUSHLY™ 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”). BLUSHLY™ is powered by Shopify, which enables us to provide the Services to you.
The following 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 our 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 products or services we offer, you may be asked to provide certain information, such as your email address and 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 this information.
You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 – OUR PRODUCTS
We make every effort to provide accurate representations and descriptions of the products offered through BLUSHLY™. However, colors, dimensions, packaging, product appearance, or other details may vary slightly from what appears on your screen due to device settings, manufacturer updates, supplier changes, or other factors.
We do not warrant that the appearance or quality of any product or service purchased will meet every individual expectation or be identical to images displayed on our online store.
Product descriptions, availability, pricing, and other information may be changed at any time without notice. We reserve the right to discontinue products or limit quantities offered to any person, geographic region, or jurisdiction.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. BLUSHLY™ reserves the right to accept or decline an order for any lawful reason at our discretion. Your order is not accepted until acceptance is confirmed and payment has been received and processed.
Please review your order carefully before submitting it. Because orders may begin processing shortly after they are placed, BLUSHLY™ may be unable to accommodate cancellation or modification requests after an order has been accepted.
If we decline, change, or cancel an order, we will attempt to notify you using the email address, billing information, or phone number provided with the order.
Purchases are subject to our Return and Refund Policy.
You represent and warrant that purchases are intended for your own personal or household use and not for unauthorized 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 expressly stated, posted prices may not include applicable taxes, shipping, handling, customs, or import charges.
We may periodically offer promotions that are governed by separate terms and conditions. If there is a conflict between promotional terms and these Terms, the applicable promotional terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your information when necessary so that we can complete transactions and contact you regarding your orders.
You represent and warrant that payment information you provide is accurate, that you are authorized to use the selected payment method, and that charges incurred by you will be honored by your payment provider.
SECTION 5 – SHIPPING AND DELIVERY
Shipping and delivery times displayed by BLUSHLY™ are estimates and are not guaranteed. Orders may be fulfilled and shipped by third-party suppliers and fulfillment partners.
We are not responsible for delays caused by shipping carriers, severe weather, customs processing, incorrect customer information, supplier processing delays, or other events outside our reasonable control.
Customers are responsible for providing a complete and accurate shipping address when placing an order. Please contact us as soon as possible if you discover an error in your shipping information.
Additional information regarding shipping is available in our Shipping Policy.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including trademarks, branding, text, displays, graphics, original images, videos, audio, website design, selection, and arrangement, are owned by BLUSHLY™, its affiliates, suppliers, licensors, or other respective rights holders and may be protected by applicable intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, republish, download, store, or transmit protected materials from the Services without authorization from the applicable rights holder.
Nothing in these Terms grants you a license or ownership interest in any trademark, copyright, patent, or other intellectual property belonging to BLUSHLY™, Shopify, our suppliers, licensors, or any third party.
BLUSHLY™ names, logos, designs, and slogans owned by BLUSHLY™ may not be used without permission. Shopify’s names, logos, products, services, designs, and slogans are trademarks of Shopify. Other trademarks appearing through the Services belong to their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide access to tools, applications, integrations, or services offered by third parties that we do not monitor or control.
Access to third-party tools is provided “as is” and “as available” without warranties, representations, or endorsement by BLUSHLY™.
Your use of optional third-party tools is at your own risk and discretion. You should review and understand the applicable third party’s terms and policies before using its services.
We may offer additional features, tools, or resources in the future. Such features will also be considered part of the Services and may be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links or materials provided by third parties. We are not responsible for examining or evaluating the content, accuracy, products, policies, or practices of third-party websites.
If you leave our Services to access a third-party website, you do so at your own risk. We are not responsible for harm or damages arising from transactions or interactions with third-party websites.
Please carefully review the policies and practices of third parties before engaging in transactions with them.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
BLUSHLY™ is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases made through our store are made directly with BLUSHLY™.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and BLUSHLY™, including any injury, damage, or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with BLUSHLY™.
SECTION 10 – PRIVACY POLICY
Personal information collected through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy.
Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access and use of the Services in order to provide and improve those Services.
Information submitted through the Services may be transmitted to Shopify and other service providers as necessary to process transactions, fulfill orders, operate our store, and provide services to you.
Please review our Privacy Policy for additional information about how personal information is collected, used, and shared.
SECTION 11 – FEEDBACK
If you submit reviews, suggestions, feedback, ideas, photographs, comments, proposals, or other content (“Feedback”), you grant us a worldwide, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback as permitted by applicable law.
You represent that you own or have the necessary rights to submit your Feedback and that your Feedback does not violate another person’s copyright, trademark, privacy, or other rights.
You are responsible for the accuracy and legality of Feedback you submit. We may monitor, edit, or remove Feedback that we reasonably determine is unlawful, offensive, misleading, abusive, infringing, or otherwise violates these Terms.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information available through our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, inventory, or availability.
We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel orders when information is inaccurate, subject to applicable law.
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not use the Services to violate applicable laws or regulations, infringe intellectual property rights, harass or harm others, transmit false or misleading information, distribute malicious software, engage in fraudulent activity, collect personal information unlawfully, send spam, impersonate another person, interfere with the security of the Services, or otherwise misuse the Services.
We reserve the right to suspend, restrict, or terminate access to the Services if we reasonably determine that these Terms have been violated.
SECTION 14 – AGENTS AND AUTOMATED ACCESS
Automated systems, software, bots, agents, or similar technologies may not access, interfere with, scrape, circumvent security measures, or otherwise interact with the Services in a manner prohibited by these Terms or applicable technical restrictions.
Automated systems must comply with applicable identification requirements and may not conceal automated activity, circumvent CAPTCHAs or other security measures, or attempt to bypass restrictions placed on automated access.
We reserve the right to limit or block automated access to the Services.
SECTION 15 – TERMINATION
We may terminate or restrict your access to the Services, subject to applicable law, if these Terms are violated or if continued access creates security, legal, fraudulent, or operational concerns.
Provisions that by their nature should survive termination—including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, privacy, and governing law—will continue to apply.
SECTION 16 – DISCLAIMER OF WARRANTIES
Information presented through the Services is provided for general informational purposes. We do not warrant that all information will always be accurate, complete, current, or suitable for every purpose.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, EXCEPT WHERE OTHERWISE EXPRESSLY PROVIDED OR REQUIRED BY LAW.
Some jurisdictions do not permit certain warranty exclusions, so some of these limitations may not apply to you.
SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLUSHLY™, ITS SERVICE PROVIDERS, PARTNERS, AFFILIATES, CONTRACTORS, LICENSORS, AND THEIR RESPECTIVE REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, EXCEPT WHERE SUCH LIABILITY CANNOT LAWFULLY BE LIMITED OR EXCLUDED.
Nothing in these Terms is intended to exclude or limit rights or remedies that cannot legally be excluded or limited.
SECTION 18 – INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless BLUSHLY™, Shopify, and our respective affiliates, partners, employees, agents, contractors, licensors, and service providers from third-party claims, damages, liabilities, and reasonable expenses arising from your material breach of these Terms, violation of applicable law, or infringement of third-party rights.
SECTION 19 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed as necessary, without affecting the validity and enforceability of the remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with policies and rules posted through the Services, constitute the agreement between you and BLUSHLY™ regarding your use of the Services, subject to applicable law.
SECTION 21 – ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may transfer or assign our rights and obligations as permitted by applicable law.
SECTION 22 – GOVERNING LAW
These Terms and any separate agreements through which we provide Services will be governed by applicable federal and state laws of the United States and the laws applicable in the jurisdiction in which BLUSHLY™ operates, without limiting any consumer rights that apply under applicable law.
SECTION 23 – HEADINGS
Headings used in these Terms are provided for convenience only and do not limit or otherwise affect the meaning of these Terms.
SECTION 24 – CHANGES TO TERMS OF SERVICE
We may update or replace portions of these Terms by posting an updated version through our website. Where required by applicable law, we will provide notice of material changes.
Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.
SECTION 25 – CONTACT INFORMATION
Questions about these Terms of Service may be sent to:
BLUSHLY™
Email: sjimenez79@live.com
Phone: +1 562-456-8456
United States