Terms and Conditions

Welcome to Boutique Sense. Please read these terms carefully before accessing or using our website. If you do not agree to any part of these terms, please do not use our website or place an order.

1. Acceptance of Terms

These Terms and Conditions (hereinafter referred to as the "Terms") constitute a legally binding agreement between you (the "Customer" or "you") and Boutique Sense ("we" or the "Company"). These Terms govern your use of our website, your purchase of products from our online store, and any related services.

By placing an order, creating an account, or otherwise using our website, you confirm that:

- You are at least 13 years old or have reached the age of legal majority in your jurisdiction

- You have the legal capacity to enter into a binding contract

- All information you provide is accurate, current, and complete

- You agree to comply with these Terms and all applicable laws and regulations

We reserve the right to modify these Terms at any time. Changes will take effect immediately upon posting to our website. Continued use of the website after changes are posted constitutes your acceptance of the revised Terms. We recommend that you review this page periodically.

2. Account Registration and Security

Account Creation

You do not need to create an account to browse our website. However, certain features (including order tracking, order history, and saved preferences) require an account.

When creating an account, you agree to:

- Provide accurate and complete registration information

- Maintain and promptly update your account profile as necessary

- Safeguard your login credentials (account name and password) and keep them secure and confidential

- Accept full responsibility for all activities that occur under your account

Account Security

You are responsible for maintaining the confidentiality of your password and account access. If you suspect unauthorized access to your account, you must notify us immediately at info@boutiquesensew.com.

Boutique Sense shall not be liable for any loss or damage arising from unauthorized use of your account resulting from your failure to properly safeguard your login credentials. Account Termination

We reserve the right to suspend or terminate your account at our sole discretion and without prior notice if we have reasonable grounds to believe that:

- You have violated these Terms;

- Your account is being used for fraudulent, illegal, or harmful activities; or

- You have provided false or misleading registration information.

Upon account termination, your right to use this website ceases immediately. We may retain certain information as required by law or for legitimate business purposes, in accordance with our Privacy Policy.

3. Products and Descriptions

Product Information

We make every effort to display product descriptions, images, colors, and specifications as accurately as possible. However, we cannot guarantee that the colors or details displayed on your screen will exactly match the actual products.

Slight variations in color, texture, pattern, or dimensions may occur due to manufacturing processes, monitor settings, or lighting conditions. Such variations are inherent characteristics of the products and do not constitute defects.

Product Availability

All products are subject to availability. We reserve the right to discontinue sales, modify, or limit the quantity of any product at any time without prior notice. If a product you ordered is found to be out of stock, we will notify you promptly and offer you the choice of a full refund or a replacement of equal value.

Pricing

All prices are displayed in US Dollars (USD) and include applicable sales tax unless otherwise stated. We reserve the right to change prices at any time without prior notice; however, price changes will not affect orders that have already been confirmed and paid for.

In the event of a pricing error (whether on our website, in marketing materials, or elsewhere), we reserve the right to cancel orders placed at the incorrect price and issue a full refund. We will notify you immediately upon discovering such an error.

4. Orders and Acceptance

Placing an Order

When you place an order on our website, you are making an offer to purchase the selected products subject to these Terms. Placing an order does not constitute a contract; a contract is formed only after we confirm your order.

Order Confirmation

After placing an order, you will receive an email acknowledging receipt of your order. This acknowledgment does not constitute acceptance of your order; it merely informs you that we have received it. Acceptance and Contract Formation

A binding contract between you and Boutique Sense is formed only when we send you a shipping confirmation email containing a tracking number. Prior to that point, we reserve the right to refuse, cancel, or modify your order for any reason, including but not limited to:

- Product unavailability

- Pricing or description errors

- Suspected fraud or unauthorized activity

- Failure to meet order requirements or restrictions

Order Limits

We reserve the right to limit the quantity of items purchased per person, per household, or per order. We may also refuse or cancel orders that we reasonably believe are placed by unauthorized dealers, resellers, or distributors.

5. Payment Terms

Payment Methods

All orders must be paid in full at the time of purchase. We accept the payment methods listed on our "Payment Policy" page. Payments will be processed via a PCI DSS-compliant payment gateway.

Currency

All transactions are settled in US Dollars (USD). If you pay using a card issued in a currency other than USD, your bank or card issuer may charge currency conversion fees. Boutique Sense is not responsible for any additional fees charged by your financial institution.

Payment Failure

If your payment is declined or cannot be processed, your order will not be confirmed. We are not responsible for delays or failures in payment processing caused by your bank, card issuer, or the payment gateway.

6. Shipping and Delivery

Shipping Terms

All shipping terms (including processing time, estimated delivery time, and delivery areas) are governed by our "Shipping Policy," which is incorporated into these terms by reference.

Address Accuracy

You are solely responsible for providing an accurate and complete shipping address. We are not responsible for orders shipped to an incorrect or incomplete address provided by you. You will be responsible for any additional shipping costs incurred if a package is refused or returned due to an incorrect address.

7. Returns and Refunds

Return Policy

All returns and refunds are governed by our "Refund and Return Policy," which is incorporated into these terms by reference. Please review this policy before initiating a return. Condition of Returned Items

Returned items must be in their original condition—meaning unworn, unwashed, with all tags attached, and in their original packaging. We reserve the right to refuse returns that do not meet these conditions.

8. Intellectual Property

Ownership

All content on this website—including but not limited to text, graphics, logos, icons, images, audio clips, video content, digital downloads, data compilations, software, and the overall design and layout—is the property of Boutique Sense or its content suppliers and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use this website for personal, non-commercial purposes. This license does not include:

- Copying, reproducing, or imitating any content for commercial purposes

- Modifying, distributing, or creating derivative works

- Using data mining, robots, or similar data gathering tools

- Incorporating any part of this website into other websites or services via framing, mirroring, or other means

- Any activity that competes with or exploits our business

Trademarks

The name "Boutique Sense," our logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Boutique Sense or its affiliates. You may not use these trademarks without our prior written permission.

Infringement

We respect the intellectual property rights of others. If you believe that content on our website infringes upon your copyright, trademark, or other intellectual property rights, please contact us at info@boutiquesensew.com and provide the following information:

- A description of the copyrighted work or trademark you claim has been infringed

- The URL or specific location of the allegedly infringing content on our website

- Your full name, address, phone number, and email address

- A statement indicating your good-faith belief that the use is unauthorized

- A statement confirming that the information in the notice is accurate and that you are the rights holder or authorized to act on behalf of the rights holder (under penalty of perjury)

We will promptly review all claims and take appropriate action.

9. User-Generated Content

Your Content

If you submit, post, or share any content on our website (including, but not limited to, product reviews, comments, photos, or other materials—collectively referred to as "User Content"), you grant Boutique Sense a non-exclusive, worldwide, royalty-free, perpetual, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media or format.

Your Representations and Warranties

By submitting User Content, you represent and warrant that:

- You own or hold the necessary rights to the submitted content

- Your content does not infringe upon the rights of any third party

- Your content is not unlawful, defamatory, obscene, or otherwise objectionable

- Your content does not contain viruses, malware, or harmful code

- Your content does not constitute spam or unauthorized advertising

Review

We reserve the right (but have no obligation) to review, edit, or remove any User Content at our sole discretion, without prior notice or explanation—including content that violates these terms, is inappropriate, or could expose us to legal liability.

No Obligation

We are under no obligation to publish, maintain, or retain any User Content. Submitting User Content does not entitle you to any compensation or attribution.

10. Prohibited Conduct

When using this website, you agree not to:

- Use this website for any illegal purpose or in violation of any applicable local, state, federal, or international laws

- Attempt to gain unauthorized access to any part of this website, other accounts, or systems connected to this website

- Interfere with or disrupt this website, servers, or networks

- Use any automated means (including bots, scrapers, or web crawlers) to access this website or collect data from it without our express written permission

- Impersonate any person or entity, or falsely represent your affiliation with any person or entity

- Engage in any activity that could damage, disable, overburden, or impair the functionality of this website

- Upload or transmit viruses, worms, Trojan horses, or any other malicious or harmful code

- Collect or obtain personal information from other users without their consent

- Resell, redistribute, or commercially exploit any content from this website without authorization

- Use this website to send unsolicited communications, advertisements, or spam

We reserve the right to terminate or restrict your access to this website without prior notice or liability for conduct we deem to be in violation of these terms or harmful to us, other users, or third parties.

11. Disclaimer of Warranties

"As Is" and "As Available"

This website and all products sold through it are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Boutique Sense makes no warranties, express or implied, including but not limited to:

- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement

- Warranties that the operation of this website will be uninterrupted, error-free, secure, or virus-free

- Warranties regarding the accuracy, reliability, or completeness of any content on this website

- Warranties that defects will be corrected or that this website and its servers are free of harmful components

Product Warranties

Products sold by us are subject to manufacturer warranties (if any). Except as expressly stated in our Refund and Return Policy, we provide no additional warranties for the products. In the event of a product defect, your remedies are limited to the return, refund, or replacement options outlined in that policy.

12. Limitation of Liability

No Indirect Damages

To the maximum extent permitted by law, Boutique Sense and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to:

- Your use of or inability to use the website

- Any products purchased through the website

- Any unauthorized access to or alteration of your data

- Any errors, omissions, or inaccuracies in the website content

- The conduct or content of any third party on the website

Maximum Liability Limit

For all claims arising out of or related to these Terms or the use of the website, the total liability of Boutique Sense to you shall in no event exceed the total amount paid by you for the product(s) giving rise to the claim during the twelve (12) months preceding the event that gave rise to such liability.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Boutique Sense and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to:

- Your use of the website

- Your violation of these Terms

- Your violation of any applicable laws, regulations, or third-party rights

- Any user content submitted, posted, or transmitted by you through the website

- Any dispute between you and a third party

This obligation survives the termination of these Terms or your cessation of use of the website.

14. Governing Law and Dispute Resolution

Governing Law

These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to conflict of law principles. Jurisdiction and Venue

Any legal action or proceeding arising out of or relating to these terms shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of such courts.

Informal Resolution

Before initiating any formal legal proceedings, you agree to contact us at info@boutiquesensew.com and attempt to resolve any dispute informally. We will make a good-faith effort to resolve the dispute within 30 days of receiving your notice.

Class Action Waiver

To the fullest extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class action, consolidated action, or representative action. You waive any right to participate in a class action or class arbitration against Boutique Sense.

Statute of Limitations

Any cause of action or claim arising out of or relating to these Terms or this website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

15. Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable; if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

16. Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver of a provision must be in writing and signed by an authorized representative of Boutique Sense. A waiver of any breach does not constitute a waiver of subsequent breaches.

17. Entire Agreement

These Terms, together with our Privacy Policy, Payment Policy, Shipping Policy, and Refund and Return Policy, constitute the entire agreement between you and Boutique Sense regarding your use of this website and purchase of products. These Terms supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions (whether oral or written) between you and Boutique Sense.

18. Assignment

You may not assign all or any part of these Terms without our prior written consent. We may assign all or any part of these Terms without restriction and without your consent in the event of a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

19. Force Majeure

Boutique Sense shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, epidemics, war, terrorist activities, civil unrest, government actions, labor disputes, power outages, internet or telecommunications failures, and carrier delays.