Last updated: January 1, 2023
Introduction
Welcome to Tamsy® Dresses! These Terms and Conditions (“Terms”) form a legally binding agreement between you and Tamsy® Dresses regarding your use of this website (the “Site”) and any services made available through the Site (“Services”).
Please read these Terms carefully before using the Site or Services. By accessing the Site or using any Services, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access the Site or use the Services.
Any new features, tools, or resources which are added to the current store shall be subject to these Terms. You can review the most current version of the Terms at any time on this page.
Key Terms
Site: The website located at tamsy.shop and any related sites, tools, APIs, or other online properties offered by Tamsy® Dresses.
Services: Any online services offered through the Site, such as placing orders, making purchases, accessing account information, utilizing promotional features, etc.
You: You, as a user of the Site or Services.
Your Content: Any content you create, upload, post, send, receive, store or display on or through the Site or Services.
We/Us: Tamsy® Dresses, the provider of the Site and Services.
Use of Site and Services
Eligibility: You must be at least 18 years of age to use the Site or Services. By using the Site or Services you represent that you have the legal authority to accept these Terms on behalf of yourself and any party you represent. You also represent that all information supplied by you is true and accurate.
Access and Use: Subject to your compliance with these Terms, you are granted a personal, non-exclusive, non-transferable, limited and revocable license to access and use the Site and Services solely for personal, non-commercial purposes.
Restrictions: You agree not to:
(a) copy, distribute, publicly display, or otherwise exploit the Site or Services or any portion thereof, except as expressly authorized;
(b) interfere with or compromise the Site’s functionality or integrity;
(c) attempt to gain unauthorized access to the Site, user accounts or computer systems;
(d) use any techniques to crawl, index, scrape, data mine or gain any information from the Site or Services;
(e) reverse engineer or access the Site or Services to build a competitive product or service or copy any features, functions or graphics;
(f) engage in any harassing, intimidating, predatory or stalking conduct;
(g) use the Site or Services to violate any applicable laws or regulations; or
(h) resale or charge others to use the Site or Services without our written consent.
Availability: We may suspend, terminate or restrict your use of the Site or Services at any time without notice or liability. We may also impose limits or conditions on features or your ability to access parts of the Site or Services.
Updates: We reserve the right to modify these Terms by posting updated Terms on the Site. Your continued use of the Site or Services constitutes acceptance of the updated Terms.
Intellectual Property: The Site and Services are our property and/or our affiliates or licensors, and is protected by copyright, trademark, and other laws.
Feedback: Any comments, suggestions, or materials sent to us will be deemed to be non-confidential. We assume no responsibility for such submissions. We reserve the right to use comments, suggestions or materials in any manner we deem appropriate or necessary.
Placing Orders
Order Acceptance & Cancellation: All orders for products are subject to acceptance and availability. We may choose not to accept orders at our sole discretion. If we cancel your order due to non-availability you will not be charged.
Pricing and Descriptions: While we work hard to accurately describe and depict products, we do not warrant that such descriptions or depictions are accurate, complete, reliable, or error/defect free. In the event of an error, we reserve the right to correct listed prices and descriptions at any time.
Promotions: Promotion codes may not be used together or in conjunction with other offers unless explicitly stated. We reserve the right to cancel orders where promotions were improperly applied or used in bad faith.
Sales Tax: At checkout you will be charged all applicable taxes based on your location and products. We are required by law to collect sales tax in any state where we have a substantial presence.
Payments and Shipping
Payments: All transactions are processed through secure third party payment gateways. By submitting payment information, you represent that you are authorized to use such payment instrument. If payment cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled.
Shipping and Delivery: When your order leaves our warehouse, you will receive a shipment confirmation e-mail with carrier tracking information. For questions about your shipment, please contact the carrier directly.
All delivery dates provided are good faith estimates only and are subject to change. We are not liable for delays in shipping.
Returns: Items may be returned within 30 days of delivery. You will be responsible for return shipping costs. Items must be in new and unused condition to be accepted. We do not accept returns on sale or discounted items unless defective.
User Content
Ownership: You own and retain all rights to information and content you submit or post on the Site (“Your Content”). By posting Your Content, you grant us a non-exclusive, worldwide, royalty-free license to use, copy, modify, distribute, publicly display or perform, translate, and create derivative works from Your Content.
Responsibility: You are fully responsible for Your Content. This means you assume all risks, including legal liability, associated with Your Content. You agree not to submit content that is unlawful, abusive, libelous, defamatory, obscene, threatening, harassing, hateful, inappropriate or infringes on intellectual property rights. You further agree not to submit content containing or spreading viruses, malware, worms, corrupted data or harmful code.
Removal: We may review Your Content and at any time, without notice, remove content that violates these Terms. We have no obligation to store Your Content.
User Accounts
Account Security: You are responsible for safeguarding any account passwords and keeping them confidential. You agree not to share passwords or login credentials with unauthorized users.
Account Termination: We may terminate your account and delete Your Content if you violate these Terms. We reserve the right to terminate accounts or restrict access to the Site or Services without notice or liability.
Account Inactivity: We reserve the right to terminate inactive accounts and delete associated data after a period of inactivity, as determined in our sole discretion.
Disclaimers and Limitations
No Warranties: THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY.
Limitation of Liability: WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR SERVICES. OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SITE OR SERVICES IS LIMITED TO THE LESSER OF THE AMOUNTS PAID BY YOU TO US OVER THE PRECEDING 12 MONTHS OR $100 USD.
Indemnity: You agree to defend, indemnify and hold harmless us and our directors, officers, employees, contractors and agents from and against any third party claims, damages, losses or governmental assessments.
General Provisions
Electronic Communications: By using the Site or Services or communicating with us, you agree we may communicate with you electronically via email or by posting notices through the Site.
Governing Law: These Terms shall be governed by the laws of the State of New York without regard to conflict of law principles. Any dispute arising out of the Site, Services or these Terms shall be adjudicated in the state or federal courts in New York, NY.
Assignment: We may assign our rights and obligations under these Terms. These Terms inure to the benefit of our successors and assigns.
No Waiver: Our failure to exercise or enforce rights does not waive our right to act later.
Severability: If any provision of these Terms is invalid or unenforceable under applicable law, it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law. Remaining provisions will continue in full force and effect.
Entire Agreement: These Terms constitute the entire agreement between you and us regarding the use of the Site and Services. It supersedes any prior agreements.
Changes to these Terms
We reserve the right to modify, amend or change these Terms at any time. Updated versions of these Terms will be posted here on this page. Please check back frequently to view any updates. Your continued use of the Site or Services constitutes your acceptance of these Terms, including any modifications and amendments implemented by us.
Contact Us
If you have any questions about these Terms, please contact us:
By Email: [email protected]
By Phone: 555-123-4567
Effective Date
These Terms were last updated on January 1, 2023