Terms of service
Overview
Welcome to Stacey O’Nary. The terms “we,” “us,” and “our” refer to Stacey O’Nary. Stacey O’Nary operates this website, stacey-o-nary.com, including all related information, content, features, tools, products, and services, in order to provide you with an online shopping experience.
Stacey O’Nary is powered by Shopify, which enables us to provide our online store and related services.
These Terms of Service, together with any policies referenced here, describe your rights and responsibilities when you use our website, shop our products, or interact with our services.
Please read these Terms of Service carefully. They include important information about your legal rights, including warranty disclaimers and limitations of liability.
By visiting, interacting with, or using stacey-o-nary.com, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access our website.
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, or that you have given consent for any minor dependents to use this website on devices you own, purchase, or manage.
To use certain parts of the website, including placing an order, you may be asked to provide information such as your email address, billing information, payment information, and shipping information. You represent that all information you provide is correct, current, and complete.
You are responsible for maintaining the security of your account credentials and for all activity connected to your account. You may not transfer, sell, assign, or license your account to another person.
Section 2 — Our Products
We make every effort to represent our products accurately on stacey-o-nary.com. However, product colors and appearance may vary depending on your screen, device settings, and display configuration.
We do not guarantee that the appearance or quality of any product purchased will exactly match how it appears on your screen.
Product descriptions, pricing, and availability are subject to change at any time without notice. We reserve the right to discontinue any product at any time and to limit quantities of any product we offer.
Section 3 — Orders
When you place an order, you are making an offer to purchase. Stacey O’Nary reserves the right to accept or decline your order for any reason.
Your order is not accepted until we confirm acceptance. Payment must be received and processed before an order is accepted.
Please review your order carefully before submitting it. Once an order has been accepted, we may be unable to accommodate cancellation requests.
If we do not accept an order, make a change to an order, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided at the time the order was placed.
Purchases are subject to our Refund Policy.
Unless otherwise agreed in writing or purchased through an approved wholesale channel, products purchased through stacey-o-nary.com are intended for personal use and not for commercial resale.
Section 4 — Prices and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time your order is placed and will be shown in your order confirmation email.
Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
Prices listed on stacey-o-nary.com may differ from prices offered in physical stores, at markets, through wholesale platforms, or through third-party retailers.
We may offer promotions from time to time. Promotions may be subject to additional terms and conditions. If there is a conflict between these Terms and the terms of a promotion, the promotion terms will apply.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your account information, including your email address, billing information, and payment details, so we can complete transactions and contact you as needed.
You represent that any payment information you provide is accurate, that you are authorized to use the payment method, and that you will pay all charges incurred, including shipping, handling, and applicable taxes.
Section 5 — Shipping and Delivery
Delivery times are estimates only and are not guaranteed. Stacey O’Nary is not responsible for delays caused by shipping carriers, customs processing, weather, incorrect shipping information, or events outside our control.
Once products are transferred to the shipping carrier, title and risk of loss pass to you.
Section 6 — Intellectual Property
All content on stacey-o-nary.com, including but not limited to trademarks, logos, product names, text, illustrations, artwork, images, graphics, designs, videos, audio, website layout, and the selection and arrangement of such content, is owned by Stacey O’Nary, its affiliates, or licensors, and is protected by copyright, trademark, and other intellectual property laws.
These Terms allow you to use the website for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the website without our prior written permission.
Nothing in these Terms grants you any license or rights to the intellectual property of Stacey O’Nary, Shopify, or any third party.
Stacey O’Nary names, logos, product names, designs, artwork, slogans, and related marks are trademarks or creative works of Stacey O’Nary or its licensors. You may not use them without prior written permission.
Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, designs, and slogans appearing on the website are the property of their respective owners.
Section 7 — Optional Tools
You may be provided with access to third-party tools through the website. We do not monitor, control, or have input over these third-party tools.
You acknowledge that we provide access to such tools “as is” and “as available,” without warranties, representations, or conditions of any kind. We are not responsible for your use of optional third-party tools.
Any use of optional tools is entirely at your own risk and discretion. You should review and understand the terms provided by the relevant third-party provider.
We may offer new features, tools, or resources through the website in the future. Such features will also be subject to these Terms of Service.
Section 8 — Third-Party Links
Our website may contain links to websites or materials provided or operated by third parties, including embedded third-party functionality.
We are not responsible for examining or evaluating the content, accuracy, policies, or practices of third-party websites. If you choose to leave stacey-o-nary.com to access third-party websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content from third parties.
Questions, complaints, claims, or concerns regarding third-party products or services should be directed to the third party.
Section 9 — Relationship with Shopify
Stacey O’Nary is powered by Shopify, which enables us to provide our online store and related services.
Any sales and purchases made through stacey-o-nary.com are made directly with Stacey O’Nary. By using the website, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Stacey O’Nary, including any injury, damage, or loss resulting from products or services purchased through our website.
You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Stacey O’Nary.
Section 10 — Privacy Policy
All personal information we collect through the website is subject to our Privacy Policy.
Because our website is hosted by Shopify, Shopify may collect and process personal information about your access to and use of the website in order to provide and improve the services that support our store.
Information you submit through the website may be transmitted to and shared with Shopify and other third-party service providers, which may be located in countries other than where you reside.
Please review our Privacy Policy for more details on how we, Shopify, and our partners collect, use, and protect personal information.
Section 11 — Feedback
If you submit, upload, post, email, or otherwise share any ideas, suggestions, feedback, reviews, proposals, plans, or other content with us, collectively referred to as “Feedback,” you grant Stacey O’Nary a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.
You represent that you own or have all necessary rights to any Feedback you submit, that you have disclosed any compensation or incentives received in connection with your Feedback, and that your Feedback complies with these Terms.
We are under no obligation to keep Feedback confidential, pay compensation for Feedback, or respond to Feedback.
We may monitor, edit, or remove Feedback that we determine to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms.
You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your Feedback will not contain unlawful, abusive, obscene, or harmful content, including computer viruses or malware.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties about the origin of any Feedback.
You are solely responsible for any Feedback you submit and its accuracy. We assume no liability for Feedback posted by you or any third party.
Section 12 — Errors, Inaccuracies, and Omissions
Occasionally, information on stacey-o-nary.com may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after an order has been submitted.
Section 13 — Prohibited Uses
You may use stacey-o-nary.com for lawful purposes only.
You may not use the website, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, state, provincial, or local law;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person;
(e) to transmit false or misleading information;
(f) to upload, download, send, or reuse material that does not comply with these Terms;
(g) to send or distribute spam, junk mail, chain letters, or other unsolicited promotional material;
(h) to impersonate another person or entity; or
(i) to engage in conduct that restricts or inhibits anyone’s use or enjoyment of the website, or that may harm Stacey O’Nary, Shopify, or users of the website.
You also agree not to:
(a) upload or transmit viruses or malicious code;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the website;
(c) collect or track the personal information of others;
(d) spam, phish, pharm, pretext, spider, crawl, or scrape; or
(e) interfere with or circumvent the security features of the website or any related website.
We reserve the right to suspend, disable, or terminate your account or access to the website at any time, without notice, if we determine that you have violated these Terms.
Section 14 — Termination
We may terminate this agreement or your access to the website, or any part of it, at any time without notice.
You will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
Section 15 — Disclaimer of Warranties
The information provided on or through stacey-o-nary.com is made available for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk.
Except as expressly stated by Stacey O’Nary, the website and all products offered through the website are provided “as is” and “as available,” without representations, warranties, or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee, represent, or warrant that your use of the website will be uninterrupted, timely, secure, or error-free.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so some of the above disclaimers may not apply to you.
Section 16 — Limitation of Liability
To the fullest extent permitted by law, Stacey O’Nary, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, Shopify, and Shopify’s affiliates shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.
This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising from your use of the website, any products purchased through the website, or any claim related to your use of the website or any product.
This includes, but is not limited to, any errors or omissions in content, or any loss or damage incurred as a result of using the website or any product, content, or materials made available through the website, even if advised of the possibility of such damages.
Section 17 — Indemnification
You agree to indemnify, defend, and hold harmless Stacey O’Nary, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, or expenses, including reasonable attorneys’ fees, arising out of:
- your breach of these Terms of Service or any documents they incorporate by reference;
- your violation of any law or the rights of a third party; or
- your access to and use of the website.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced.
We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which may not be unreasonably withheld.
You agree to cooperate in the defense of indemnified claims, including by providing relevant documents.
Section 18 — Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity or enforceability of any remaining provisions.
Section 19 — Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us on stacey-o-nary.com constitute the entire agreement between you and us and govern your use of the website and services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Section 20 — Assignment
You may not delegate, transfer, or assign these Terms or any of your rights or obligations without our prior written consent. Any attempt to do so will be null and void.
We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
Section 21 — Governing Law
These Terms of Service and any separate agreements through which we provide services to you shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles.
You and Stacey O’Nary consent to venue and personal jurisdiction in the state and federal courts located in New York.
Section 22 — Headings
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
Section 23 — Changes to Terms of Service
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to stacey-o-nary.com.
It is your responsibility to check the website periodically for changes. We will notify you of any material changes to these Terms as required by applicable law.
Your continued use of or access to the website following the posting of changes constitutes acceptance of those changes.
Section 24 — Contact Information
Questions about these Terms of Service should be sent to:
Stacey O’Nary
Email: hello@stacey-o-nary.com
Website: stacey-o-nary.com