These Terms and Conditions govern use of the Petite Sophisticate® website and any related mobile applications (“Platform”). Please read them carefully before accessing or using our Platform. By using the Petite Sophisticate® Platform, you agree to be legally bound by these Terms.
Overview
The Petite Sophisticate® Platform provides an online store for purchasing petite women’s clothing, accessories, shoes, handbags and more. It is owned and operated by Petite Sophisticate® LLC.
These Terms cover important legal duties, obligations, and rights pertaining to use of this Platform. They include:
- Allowed uses of the Platform
- Prohibited uses of the Platform
- User account terms
- Ordering, pricing, and payment terms
- Shipping, delivery, and returns policy
- Use of content and intellectual property rights
- Disclaimers, limitation of liability, and indemnity
- Discontinuation or modification of the Platform
- General legal provisions like choice of law and arbitration
Please review these Terms carefully. By accessing any area of the Petite Sophisticate® Platform, you agree to be legally bound by these Terms as they apply to your permitted use of the Platform and any services/features therein. If you do not accept these Terms in their entirety, you are prohibited from using the Platform in any way.
Allowed Uses
Subject to full compliance with these Terms, Petite Sophisticate® grants users a non-exclusive, non-transferable, limited privilege to access and use the Platform for shopping for personal use only.
The Platform may be used only for lawful purposes by authorized individuals. You agree to access and use the Platform responsibly, ethically, and legally. Petite Sophisticate® reserves the right to terminate any user’s access to the Platform at any time for any reason.
Prohibited Uses
You may not use the Petite Sophisticate® Platform or any services, content, tools, or features therein for any purpose or in any manner that violates these Terms or applicable law.
Specific prohibited uses include:
- Commercial use: Using the Platform or any data from the Platform for any competing commercial purpose.
- Robot/automated access: Using bots, scrapers, spiders or other automated means to access, collect data from, or interfere with the proper working of the Platform.
- Harmful code: Uploading viruses, worms, trojan horses, malware, ransomware, spyware, or other harmful code or files to the Platform.
- Interference/disruption: Taking any action that interferes with, disrupts, damages, or overburdens our servers, networks, or security systems.
- Unauthorized access: Attempting to gain unauthorized access to user accounts, Platform systems/networks, or data that is not intentionally made publicly available.
- Content scraping: Extracting, aggregating, analyzing, republishing, or indexing substantial portions of Platform content.
- Unauthorized use: Using the Platform to violate the intellectual property or other rights of Petite Sophisticate® or any third party.
- Prohibited activities: Using the Platform for any dangerous, abusive, harassing, deceptive, fraudulent, or illegal purposes.
Violating any of these provisions will result in immediate termination of your right to access and use the Platform. Petite Sophisticate® reserves the right to pursue civil, criminal, and injunctive remedies if you do not comply with these Terms or misuse the Platform.
User Accounts
In order to use certain features of the Platform, you must register for a user account. You agree to provide accurate and complete information when creating an account. You are solely responsible for all activity associated with your account.
Your account username and password should be kept confidential. Do not share or disclose your login credentials to any unauthorized parties. You must immediately notify us of any unauthorized use of your account. Petite Sophisticate® will not be liable for any losses caused by unauthorized use of your account resulting from your failure to protect your credentials.
We may suspend or terminate your account if you provide false, inaccurate, or misleading information, or engage in any misuse or prohibited activities. Your account and associated data may be irretrievably deleted following any such suspension or termination.
Orders, Pricing, and Payment
By placing an order on the Petite Sophisticate® Platform, you agree to purchase the specified products at the listed prices. Prices and item availability are subject to change at any time.
Your electronic order confirmation represents acceptance of your order and completion of the contract of sale. You will receive an order confirmation and payment receipt via email.
Payment must be made online by credit card or other integrated payment system. All payment information you provide must be accurate and you authorize us to charge your chosen payment method. If your payment fails or your account does not have sufficient funds, we reserve the right to cancel your order.
All Petite Sophisticate® prices are listed in U.S. dollars. Sales tax will be added at checkout where required by law. You are responsible for any additional customs duties, taxes, and fees for orders shipped outside the United States.
Petite Sophisticate® makes no guarantee regarding the availability or pricing of products listed on the Platform. We reserve the right to discontinue or change pricing for any products at any time for any reason. In the event a product becomes unavailable or erroneously priced, you will not be charged for that item and it will be removed from your order.
Shipping, Delivery, and Returns
We will arrange shipment of your order to the shipping address provided after payment has been received. Delivery timeframes and fees will be displayed during checkout based on your location. You are responsible for providing a complete and accurate shipping address.
Petite Sophisticate® will make reasonable efforts to process orders and ship products promptly. However, we do not guarantee any specific delivery or shipment timeframes. We are not liable for any shipping delays, order processing issues, or product unavailability. Rush delivery is not available.
For health and hygiene reasons, all sales of Petite Sophisticate® products are final. We do not accept product returns or exchanges except for warranty issues, damage, or material defects. If you receive a damaged, defective, or incorrect item, please contact us promptly to arrange a refund or exchange. We may require photo evidence of any damage or defects.
You have the right to cancel any order and receive a full refund within 30 days under the following conditions:
- Cancellation must be requested within 30 days of order placement
- Items must be returned in original condition, unworn, unwashed, with tags attached
- You are responsible for return shipping fees
- Refunds are issued once returned items are inspected and approved
To request cancellation, please email [email protected]
Use of Content
The Platform contains content like product descriptions, graphics, photographs, text, images, and other materials that is the exclusive property of Petite Sophisticate®. You may use Platform content solely for permitted Platform activities.
Any other use – including downloading, extracting, distributing, modifying, republishing, retransmitting, displaying, or selling Platform content – is prohibited without our prior written consent. This content is protected by copyright, trademark, and other intellectual property laws.
You are solely responsible for all content you contribute, upload or provide for use on the Platform, including reviews, comments, photos, videos, etc. You represent that you own or have sufficient rights to use all content you contribute. You grant Petite Sophisticate® an unlimited, perpetual license to use any content you submit for all lawful business purposes without any compensation to you.
Intellectual Property
The Petite Sophisticate® Platform and all of its content, features, tools, and services, including text, graphics, logos, icons, source code, designs, and images, are the property of Petite Sophisticate® LLC and are protected by U.S. and international copyright, trademark, and other laws.
You may not use Petite Sophisticate’s name, trademarks, logos, or other brand elements without prior written consent. Petite Sophisticate® will aggressively enforce its intellectual property rights to the fullest extent of the law.
Disclaimers
Petite Sophisticate® provides the Platform on an “as is” basis without warranties of any kind. We disclaim any and all express or implied warranties, including warranties of accuracy, non-infringement, title, merchantability, and fitness for a particular purpose.
While we aim for the Platform to be highly available, we do not guarantee 100% uptime or availability. The Platform may experience downtime, errors, bugs, lags, or other issues at any time. We are not responsible for temporary interruptions in service due to Platform maintenance, website changes, or other events.
Petite Sophisticate® assumes no liability for the accuracy, completeness, safety, or usefulness for any purpose of any content provided on the Platform. We do not control or endorse any user content transmitted via the Platform. You use all aspects of the Platform at your own risk.
Limitation of Liability
Petite Sophisticate® and our employees, directors, officers, agents, partners, and licensors shall not be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary losses, damages, or expenses arising from your use or inability to use the Platform – even if we have been advised of the possibility of such losses or damages.
This includes losses related to lost profits, business interruption, loss of goodwill, loss of data or content, loss of savings, work stoppage, accuracy of results, or computer failure/malfunction.
The total, aggregate liability of Petite Sophisticate® for any claims arising from use of the Platform is limited to the amount you paid to access and use the Platform. Some jurisdictions do not allow the exclusion or limitation of warranties or liabilities, so the above limitations or exclusions may not apply to you. The Platform may provide links to external websites and content as a convenience, but we do not control or endorse these outside sites.
Indemnity
You agree to fully defend, indemnify, and hold harmless Petite Sophisticate® and our parents, subsidiaries, affiliates, successors, assigns, directors, officers, agents, partners, employees, and licensors from any claims, damages, liabilities, losses, expenses, or costs directly or indirectly arising from:
- Your use or misuse of the Petite Sophisticate® Platform
- Your failure to comply with any provisions of these Terms
- Your infringement upon the intellectual property or other rights of Petite Sophisticate® or any third party
- Any content or information you submit, post, transmit, or otherwise make available via the Platform
We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any claim requiring indemnification.
Modification or Discontinuation
Petite Sophisticate® reserves the right to modify, update, or discontinue all or any portion of the Platform at any time without notice. We may modify these Terms from time to time to reflect changes to the law, our business practices, or the services we offer. Your continued use of the Platform constitutes acceptance of any revisions to these Terms.
You understand and agree we have no liability or responsibility to you or any third party should we exercise our right to modify or discontinue the Platform. If we permanently discontinue the Platform, we will provide advance reasonable notice where possible so you can retrieve any stored content.
General Provisions
Governing Law
These Terms shall be governed by the laws of the State of California without regard to conflict of law principles. Any legal proceedings arising from use of the Petite Sophisticate® Platform shall be brought exclusively in the federal or state courts located in Los Angeles County, California.
Arbitration
If a dispute arises from your use of the Petite Sophisticate® Platform, we strongly encourage you to first contact us directly to seek a resolution. If you and Petite Sophisticate® cannot mutually resolve the dispute through informal negotiation, then you and Petite Sophisticate® agree to resolve it through binding arbitration before a mutually agreed arbitrator, instead of in court. Arbitration is more informal than bringing a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree not to commence arbitration in connection with the Platform until you have attempted to resolve the dispute with Petite Sophisticate® informally.
Class Action Waiver
You may only resolve disputes with us on an individual basis, and not involve any third parties or class action procedures. Both you and Petite Sophisticate® agree that you and Petite Sophisticate® will only bring claims against each other in an individual capacity and not on behalf of a class.
Contact Us
Please contact us with any questions about these Terms and Conditions or your use of the Petite Sophisticate® Platform. We will be happy to assist you!
Petite Sophisticate®
2863 Havanna Street
Level Cross, North Carolina
Email: [email protected]
Effective Date: March 1, 2022
