These Terms of Service (“Terms”) govern access to and use of brandedstarrshop.com and related services offered by BRANDED STARR WESTERN BOUTIQUE LLC (“Branded Starr,” “we,” “us,” or “our”). By accessing the website, creating an account, or placing an order, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.
1. Eligibility and account responsibility
You must be at least the age of majority in your jurisdiction and legally capable of entering into a binding contract to make a purchase. You agree to provide accurate, current, and complete information and to protect your account credentials. You are responsible for activity under your account and must promptly notify us of suspected unauthorized use.
2. Products and availability
We make reasonable efforts to display product colors, descriptions, measurements, and availability accurately. Actual colors may vary by screen, and minor variations may occur. All products are subject to availability. We may limit quantities, discontinue products, correct errors, or cancel orders where permitted by law.
3. Orders, pricing, and payment
An order is an offer to purchase. Receipt of an order confirmation does not constitute acceptance; we accept an order when it is fulfilled or otherwise expressly confirmed. Prices are shown in U.S. dollars unless stated otherwise and may change without notice. Taxes and shipping charges are calculated as applicable. You represent that you are authorized to use the payment method submitted. We may use third-party payment processors and fraud-prevention services.
4. Shipping, risk of loss, and delivery
Shipping estimates are not guarantees. Delays may occur due to carriers, weather, supply conditions, or events outside our reasonable control. Risk of loss and title transfer as provided by applicable law and carrier terms. You are responsible for providing a complete delivery address and promptly reporting delivery issues.
5. Returns and refunds
Returns and refunds are governed by our Return Policy, incorporated into these Terms. Rights provided by applicable law are not limited by that policy.
6. Wholesale transactions
Wholesale orders may be governed by a separate written agreement, marketplace terms, line sheet, invoice, purchase order, or order confirmation. If a wholesale transaction occurs through a third-party platform, that platform’s applicable terms and policies also apply and control platform-specific matters. Retail products may not be reproduced, relabeled, altered to misrepresent origin, or resold in a manner that infringes intellectual property or misleads consumers.
7. Intellectual property
The Services, including the Branded Starr name, logos, graphics, photography, text, page design, and other content, are owned by or licensed to us and protected by intellectual-property laws. Except as expressly permitted in writing, you may not copy, reproduce, distribute, modify, create derivative works from, publicly display, scrape, frame, or commercially exploit Service content. Retailers may use approved brand assets solely to market authentic Branded Starr products and must follow any asset guidelines provided.
8. Reviews and user content
If you submit reviews, photos, feedback, or other content, you represent that you have the right to do so and that the content is accurate, lawful, and non-infringing. You grant us a nonexclusive, worldwide, royalty-free license to use, reproduce, adapt, publish, translate, and display that content in connection with the Services and our business, subject to applicable law and our Privacy Policy. We may remove content that violates these Terms.
9. Prohibited conduct
You may not use the Services to violate law or third-party rights; transmit malicious code; interfere with security or operation; impersonate another person; collect information without authorization; place fraudulent orders; circumvent access restrictions; or use automated means to access the Services where not expressly permitted.
10. Third-party services
Links and integrations may connect to third-party websites, platforms, payment providers, or carriers. We do not control and are not responsible for third-party content, availability, or practices. Your use of third-party services may be governed by separate terms.
11. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRANDED STARR AND ITS MEMBERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES OR PRODUCTS. OUR TOTAL LIABILITY FOR A CLAIM WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO US FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM OR $100. THESE LIMITATIONS DO NOT APPLY WHERE PROHIBITED BY LAW.
13. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless Branded Starr and its members, employees, and agents from claims, liabilities, damages, and reasonable costs arising from your unlawful use of the Services, your breach of these Terms, or your violation of another party’s rights.
14. Governing law and venue
These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law principles. Subject to applicable consumer-protection law, the state and federal courts located in Georgia will have exclusive jurisdiction over disputes arising from these Terms or the Services, and the parties consent to venue in those courts.
15. Changes, severability, and waiver
We may revise these Terms by posting an updated version. Changes apply prospectively from the effective date. If a provision is held unenforceable, the remaining provisions remain in effect. A failure to enforce a provision is not a waiver. These Terms, together with incorporated policies and applicable transaction documents, constitute the agreement regarding the Services.
16. Contact
Questions about these Terms may be sent to:
BRANDED STARR WESTERN BOUTIQUE LLC
25 W Johnston St, Forsyth, GA 31029, USA
support@brandedstarrshop.com
(216) 489-6646