Welcome to the Stylewell® website (the “Site”). The Site provides an online store for purchasing Stylewell patio furniture, chairs, rugs, electric fireplaces and other home goods (collectively, the “Products”). The Site is owned and operated by Stylewell Company (“Stylewell,” “we,” “us” or “our”).
These Terms of Use (“Terms”) govern your access to and use of the Site and constitute a binding legal agreement between you and Stylewell. Please read these Terms carefully before using the Site or purchasing any Products. By accessing or using the Site, you agree to be bound by these Terms and all applicable laws, regulations, and policies. If you do not agree to these Terms, you may not access or use the Site.
1. Basic Terms
You must be at least 18 years old or the applicable age of majority in your jurisdiction to access and use the Site. If you are under 18 or the applicable age of majority, you may access and use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
You agree not to access or use the Site for any illegal purpose or in violation of any laws. You agree to fully comply with all applicable laws, regulations, and policies concerning your use of the Site.
We grant you a limited, personal, revocable, non-exclusive, non-transferable license to access and use the Site for your own personal use. This license does not include any right to copy, modify, distribute, transmit, display, perform, reproduce, publish, transfer, create derivative works from, or sell any Content obtained from the Site.
Your access and use of the Site may be interrupted from time to time, including for maintenance, repairs, upgrades, or network or equipment failures.
2. Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use, and disclose personal information from our users. You acknowledge and agree that your use of the Site is subject to our Privacy Policy.
3. Intellectual Property Rights
The Site and all of its Content, including all copyrights, patents, trademarks, service marks, trade names, trade dress, graphics, logos, designs, page headers, button icons, scripts, source code, software, and other intellectual property (“IP”) are the sole property of Stylewell and are protected by IP law.
The Stylewell name, logo, trademarks, and all related product and service names, design marks, and slogans are the property of Stylewell. You may not use any Stylewell IP without our prior written permission.
Any feedback, suggestions, ideas, or other information you provide relating to the Site or Products is entirely voluntary, and we may use such feedback, ideas or information without restriction or obligation to you.
We respect the intellectual property rights of others. If you believe your intellectual property rights have been violated, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
4. User Content
If you post, upload, input, provide, or submit your personal data to us, including without limitation, your name, email address, IP address, cryptographic hash of your email address, any contact or identifying information, as well as any text, images, videos, audio files, or other content (“User Content”), you must ensure that the User Content is lawful, honest, truthful, accurate, non-misleading, non-fraudulent, and non-infringing.
We do not own, control, or endorse any User Content. We have no obligation to monitor User Content, and we are not responsible for any User Content.
You grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right and license to use, host, store, cache, reproduce, modify, display, publish, publicly perform, distribute, transmit, and create derivative works from your User Content, in whole or in part, including for promoting, improving, or modifying the Site and our other products and services. This license continues even if you stop using the Site.
You represent and warrant that: (i) you own and control all of the rights to the User Content or otherwise have the lawful right to post, upload, input, provide, submit, or transmit the User Content; and (ii) the User Content or your use and posting thereof as contemplated herein does not and will not violate these Terms or infringe any IP, privacy, publicity, or other rights of any third party.
We may monitor, review, delete, or edit any User Content, at any time and for any reason without notice. We may delete any User Content that we determine violates these Terms. We assume no liability for any action or inaction regarding User Content.
5. Purchasing Products
You may purchase Products through the Site, subject to product availability. Product details, descriptions, prices, photos, and availability are subject to change at any time without notice.
To purchase a Product, you must provide complete and accurate payment information during the checkout process. You represent and warrant that you have the legal right to use any credit or debit card used in connection with any purchase.
If your credit or debit card cannot be verified, is invalid, or is otherwise not authorized for the required payment amount, your order may be cancelled automatically. You are responsible for notifying us of any changes to your payment information.
Only authorized end users over the age of 18 may purchase Products. Users under 18 must obtain the consent and supervision of a parent or legal guardian prior to purchasing.
Stylewell does not accept liability beyond the remedies outlined in these Terms if a purchase does not reach you due to an error you have made in communicating your delivery details.
Taxes, Shipping and Handling: You are responsible for payment of all applicable taxes, shipping and handling charges associated with your order.
Promotions: Promotions and coupons are limited time offers that are non-transferable, non-exchangeable, non-refundable, and have no cash value.
6. Shipping and Delivery
We will make reasonable efforts to ship all orders within the estimated time frame provided at checkout, and will contact you if there are any unforeseen delays. Any shipping dates or delivery times provided are good faith estimates only.
Title and risk of loss pass to you upon our delivery to the carrier. You are responsible for investigating any damage, discrepancies, or problems with your shipment from the carrier upon delivery.
We reserve the right to require proof of identity prior to processing any orders, and we may decline to process any orders in our sole discretion, including for reasons such as inaccurate or incomplete payment information or suspected fraud.
7. Returns and Exchanges
Most unopened Products may be returned within 30 days of delivery for a full refund. Some Products have different return policies and may not be eligible for return or exchange. Please check individual Product pages for details.
To return a Product, please carefully package and ship the Product to us with original packaging and complete the return form included with your shipment. We recommend using a trackable shipping service or purchasing shipping insurance, as you are responsible for the shipment until we receive it.
Upon receiving your return and confirming it is in new condition with original packaging, we will process a full refund of your Product purchase price. We do not refund taxes, shipping costs, duties or other related expenses. Refunds are generally processed within 10 business days.
All Product exchanges must occur within 30 days of delivery. To request an exchange, please contact our Customer Service team. Exchanges are subject to Product availability. Standard shipping charges will apply to exchanges.
Final sale Products may not be returned or exchanged. This includes Products marked as final sale on the Site as well as special order and custom Products.
We reserve the right to decline Product returns or exchanges for any reason and for Products that do not meet the return conditions stated in these Terms.
8. Warranties and Disclaimers
Our Products come with guarantees that cannot be excluded under applicable laws. You are entitled to a replacement or refund for major failures of Products and compensation for reasonably foreseeable loss or damage. You are also entitled to have Products repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
The benefits provided by these warranties are in addition to other legal rights and remedies you may have under applicable laws. Our limited warranties cover Products for defects in materials and workmanship for set periods from the date of purchase, to be determined on a case-by-case basis. However, all warranties are void if a Product is misused or damaged. Please contact us if you would like the specific warranty period for any Product.
If you believe a Product is defective, please contact our Customer Service team to report the issue and initiate a return for warranty claim, subject to these Terms.
Except as stated above, and to the maximum extent permitted by applicable law, Stylewell disclaims any and all other express or implied representations, warranties, conditions, or other terms, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement. Our Products are provided “as is” and “as available”.
9. Limitation of Liability
In no event shall Stylewell be liable for any indirect, punitive, special, incidental or consequential damage arising out of or in connection with these Terms, including without limitation, damages for loss of business, loss of profits, litigation, or loss of data, whether in an action of contract, statute, tort (including, without limitation, negligence) or otherwise, even if the other party has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
The total, aggregate liability of Stylewell for all claims arising out of or related to these Terms or your access or use of the Site will not exceed the amounts you paid to Stylewell in the 3 months prior to the date the claim arose.
10. Indemnification
You agree to fully indemnify, defend, and hold harmless Stylewell and our parents, subsidiaries, affiliates, shareholders, officers, directors, agents, partners, employees, advertisers, suppliers, and any third-party information providers from and against all claims, actions, suits, demands, damages, liabilities, losses, costs, and expenses (including attorneys’ fees) which arise out of: (i) your access or use of the Site; (ii) any User Content you post, upload, use, distribute, or otherwise transmit through the Site; (iii) your violation of any of these Terms; or (iv) your violation of any rights of another person. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate in our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
11. Termination
We reserve the right, without notice and in our sole discretion, to terminate or restrict your access to the Site, remove hosted content, and take technical and legal measures to keep you off the Site if we believe you have violated these Terms or pose a threat to the Site, other users’ safety, or our legitimate business interests. You waive and hold harmless Stylewell from any claims arising from such termination.
12. Modifications and Interruption
We reserve the right to modify or discontinue the Site at any time without notice, and without liability to you. We will make reasonable efforts to notify you of any significant modifications to the Site but do not guarantee any notice in any particular situation.
You agree that Stylewell will not be liable for any interruption of the Site, delay or failure to perform, and you understand that you do not have any recourse against Stylewell as a result of any modification or discontinuation of the Site or any part thereof.
13. Arbitration, Class Waiver, and Jury Waiver
You agree that any dispute arising out of or relating to these Terms or your access or use of the Site will be resolved by binding, individual arbitration. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms.
Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator must follow these Terms and can award the same damages and relief as a court.
You agree that you may only bring claims against Stylewell in your individual capacity. You agree that you will pursue any claim against Stylewell individually and not as part of any class action, consolidated, or representative proceeding.
You also agree that you may not participate in any class action, consolidated, or representative proceeding brought by any other person against Stylewell.
By using the Site, you agree that you and Stylewell waive the right to a jury trial and consent instead to the exclusive jurisdiction of the federal and state courts located in the State of California without regard to conflicts of law provisions.
14. Governing Law
These Terms and your access and use of the Site will be governed by and construed in accordance with the laws of the State of California. You agree to submit to the personal jurisdiction of the state and federal courts located in Los Angeles County, California for any actions for which we retain the right to seek injunctive or equitable relief to enforce these Terms or protect our rights.
15. Severability
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms while the remaining provisions continue in full force and effect.
16. Additional Terms
Additional terms and conditions may apply to purchases of certain Products and other aspects of the Site, such as sales policies, rewards programs, privacy policies, or other terms. You agree to abide by such additional terms.
17. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide reasonable notice before any new terms take effect. What constitutes reasonable notice will be determined in our sole discretion. Your continued use of the Site following any changes means that you accept the new Terms.
