Terms of service
1. Overview
This website, dearmaisie.com, is operated by Zovante LLC ("Dear Maisie", "we", "us" or "our"). Throughout these Terms, "you" refers to any visitor or customer using our website.
By visiting our website or purchasing from us, you agree to be bound by these Terms of Service ("Terms"), together with our Shipping Policy, Return & Refund Policy and Privacy Policy, which form part of these Terms. If you do not agree, please do not use our website.
We may update these Terms from time to time. Changes take effect as soon as they are posted on this page. Your continued use of the website after any changes means you accept the updated Terms.
2. Eligibility
By using our website, you confirm that you are at least the age of majority in your country, state or province of residence, or that you have the consent of a parent or guardian to use this website.
You agree not to use our products or website for any illegal or unauthorised purpose, and not to violate any laws in your jurisdiction while using our services.
3. Our Store
Our online store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.
4. Products and Descriptions
We make every effort to display our products, colours and descriptions as accurately as possible. However, colours may appear slightly different depending on your screen, and we cannot guarantee that every description is completely error-free.
Measurements in our size guides are approximate. If you are unsure about sizing, please contact us before placing your order.
We reserve the right to limit the quantities of any product, to discontinue any product at any time, and to refuse or limit sales to any person or region at our discretion.
5. Pricing and Payment
All prices are listed in the currency shown at checkout and may change at any time without notice. Price changes do not affect orders that have already been confirmed.
Payment is processed securely through our payment providers at the time of purchase. By submitting an order, you confirm that the payment details you provide are valid and that you are authorised to use the payment method.
Unless stated otherwise at checkout, prices do not include any import duties or taxes that may be charged by customs in your country. Please see our Shipping Policy for more information.
6. Orders
Your order is an offer to purchase our products. We may accept or decline any order at our discretion, including in cases of suspected fraud, pricing or product errors, or stock unavailability. If we cancel an order after payment, you will receive a full refund to your original payment method.
You agree to provide current, complete and accurate information for all purchases, including your email address and shipping address, and to update this information promptly if it changes.
Orders may be cancelled within 8 hours of order confirmation, as described in our Shipping Policy.
7. Errors and Inaccuracies
Occasionally, information on our website may contain errors relating to product descriptions, pricing, promotions, availability or delivery times. We reserve the right to correct any errors and to change or update information, or cancel orders, if any information is inaccurate, at any time without prior notice, including after an order has been submitted.
8. Shipping and Delivery
Shipping times, costs and conditions are described in our Shipping Policy. Delivery times are estimates and are not guaranteed. Risk of loss passes to you once your order has been delivered to the shipping address you provided.
9. Returns and Refunds
Returns and refunds are handled in accordance with our Return & Refund Policy. Nothing in these Terms limits any rights you may have under applicable consumer protection laws, including your rights if a product is faulty, damaged or not as described.
10. Promotions and Discount Codes
Discount codes and promotions are subject to their stated terms, are limited to one per order unless stated otherwise, cannot be exchanged for cash, and may be withdrawn or changed at any time. We reserve the right to cancel orders that misuse promotions.
11. Intellectual Property
All content on this website, including text, graphics, logos, images, designs and the Dear Maisie name, is owned by or licensed to Zovante LLC and is protected by intellectual property laws. You may not copy, reproduce, distribute or use any content from this website without our prior written permission.
12. User Content and Reviews
If you submit reviews, photos, comments or other content to us, you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce and display that content in connection with our website and marketing. You confirm that any content you submit is your own, is accurate, and does not violate the rights of any third party. We may remove any content at our discretion.
13. Prohibited Uses
You may not use our website:
- For any unlawful purpose or to encourage others to act unlawfully
- To infringe our intellectual property rights or those of others
- To harass, abuse or harm any person
- To submit false or misleading information
- To upload viruses or any malicious code
- To collect or track the personal information of others
- To interfere with or bypass the security features of the website
We may terminate your use of the website if you violate any of these prohibited uses.
14. Third-Party Links and Tools
Our website may contain links to third-party websites or tools that we do not control. We are not responsible for their content, products or practices, and your use of them is at your own risk and subject to their own terms.
15. Personal Information
Your submission of personal information through our store is governed by our Privacy Policy.
16. Disclaimer of Warranties
To the fullest extent permitted by law, our website and services are provided "as is" and "as available", without warranties of any kind, either express or implied. We do not guarantee that the website will be uninterrupted, timely, secure or error-free.
Nothing in these Terms excludes or limits any warranty, guarantee or right that cannot be excluded or limited under applicable law, including the consumer guarantees under the Australian Consumer Law.
17. Limitation of Liability
To the fullest extent permitted by law, Zovante LLC and its owners, employees and suppliers will not be liable for any indirect, incidental, special or consequential damages arising from your use of our website or products. Our total liability for any claim relating to a product will not exceed the amount you paid for that product.
This limitation does not apply where liability cannot be limited or excluded under applicable law.
18. Indemnification
You agree to indemnify and hold harmless Zovante LLC and its owners, employees and partners from any claims, damages or expenses, including reasonable legal fees, arising from your breach of these Terms or your violation of any law or the rights of a third party.
19. Severability
If any part of these Terms is found to be unlawful, void or unenforceable, that part will be enforced to the maximum extent permitted, and the remaining parts of these Terms will remain in full force and effect.
20. Termination
These Terms remain in effect until terminated by you or by us. You may stop using our website at any time. We may suspend or terminate your access to the website at any time if we believe you have breached these Terms.
21. Governing Law
These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict of law principles. If you are a consumer, this does not affect any mandatory consumer protection rights you have under the laws of the country where you live.
22. Entire Agreement
These Terms, together with our Shipping Policy, Return & Refund Policy and Privacy Policy, form the entire agreement between you and us regarding your use of the website and supersede any prior agreements.
23. Contact Information
If you have any questions about these Terms, please contact us:
Email: info@dearmaisie.com