Online Terms and Conditions of Sale

Last Modified: February 1, 2022

These Online Terms and Conditions of Sale (these "Terms ") are entered into by and between You and Her Stage, LLC ("Stage," "we," or "us") and apply to the purchase and sale of products and services through shopstage.co (the "Website"). The term "Website" includes any website or mobile application operated by Stage.

THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE TERMS CAREFULLY. 

THESE TERMS OF USE REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND INCLUDE A LIMITATION ON THE TIME PERIOD DURING WHICH YOU MAY BRING CLAIMS. PLEASE SEE SECTION 11 (MISCELLANEOUS) BELOW FOR MORE INFORMATION. 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH STAGE AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THE WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH STAGE OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE OR ANY OF THE WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These Terms are subject to change by Stage without prior written notice to you, at any time, in our sole discretion. Any changes to these Terms will be in effect as of the "Last Modified Date" referenced on this page. You should review these Terms prior to purchasing any product or services that are available through the Website. Your continued use of the Website after the "Last Modified Date" will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for products or services through the Website (see Section 8).

1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we provide an order confirmation with your order number and details of the items you have ordered. Your receipt of an order confirmation means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed.
2. Prices and Payment Terms.
   • All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation. Price increases will only apply to orders placed after such increases. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your order total, and will be itemized in your shopping cart and in your order confirmation. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
   • We may offer promotions from time to time (including contests or sweepstakes) on the Website that may affect pricing or otherwise modify these Terms. Such promotions will be governed by terms and conditions separate from these Terms which will be posted at the time such promotion is launched. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

We also offer several on-going promotions; please see additional details below:

• Refer a Friend: Enter a friend's email address and receive a $10 shopping credit for each friend you refer who registers their email address with us and spends over $50 in a single transaction through the Website (after discounts are applied, excluding taxes, fees and shipping charges) within one year of the time you provide their email address. Limit 10 per customer. Credit valid for ninety (90) days after issue and only on regular price merchandise. Cannot be combined with any other offer or discount.
• Email Sign-up: Sign up to receive emails from Stage and receive fifteen percent (15%) off your first purchase through the Website. Offer valid for ninety (90) days from the date of sign-up for first time registrants only and only on regular price merchandise. Exclusions may apply; see product pages for details. Cannot be combined with any other offer or discount.

Promotional credits are non-transferrable, have no cash value, and cannot be used at other retailers. We reserve the right to cancel or modify promotions from time to time in our sole discretion. Please check this page regularly for updates.

• Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept most major credit cards and Afterpay for all purchases. You represent and warrant that (i) any payment card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment card for the purchase, (iii) charges incurred by you will be honored by your payment card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.

If paying with Afterpay, you may be required to register with Afterpay and provide payment details. A minimum purchase amount or transaction limit may apply, and you must meet additional eligibility requirements to qualify. Additional fees or charges may also apply. Afterpay is a third party service and is not owned or controlled by Stage. Stage has no control over or liability for Afterpay’s services, acts or omissions. You may be subject to additional terms and conditions of Afterpay and Stage is not a party to such terms. Afterpay is not available on purchases of gift cards or backordered items. If your order contains gift cards, please use another online payment option to complete your purchase. If you believe there is fault or concern with your Afterpay purchase payment, please contact Afterpay customer support at info@afterpay.com.

• If you wish to purchase any product or service made available through the Website, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. By submitting such information, you grant to Stage the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. Any information you provide is subject to our Privacy Policy. See Section 8 for more information.

3. Shipments; Delivery; Title and Risk of Loss.
   • We will arrange for shipment of the products to you at the address you provide at checkout. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
   • Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We estimate shipping times for most products available on the Website to be between 7-12 days from the date you receive confirmation of shipment. We are not liable for any delays in shipments. Stage will use reasonable efforts to notify you of any updates regarding shipping estimates to the email address to you provide at the time of purchase.
   • All gift cards, e-gift cards, and other gift certificates are deemed purchased in and issued from the State of California. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.
4. Returns and Refunds. Except for any products designated on the Website as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of shipment with valid proof of purchase and provided such products are returned unopened or unwashed and unworn, in their original packaging or condition. Refunds will be made only to the original form of payment or you may receive store credit, at your election. If you made a purchase with Afterpay, Afterpay will be notified of your return and will process the appropriate refunds. Please do not return merchandise directly to Afterpay.

Please complete the form available at https://shopstage.happyreturns.com/ to receive a pre-paid return shipping label. Please follow the instructions provided with your return shipping label to make sure that products are returned to the correct recipient. Stage will not be liable for any loss or damage to products that are not returned in accordance with such instructions. If you choose not to use our pre-paid shipping label, shipping is at your expense and you bear risk of loss or damage to the products in transit.

WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE WEBSITE AS FINAL SALE OR NON-RETURNABLE.

5. Warranty and Disclaimers. We do not manufacture or control any of the products or services offered on the Website. The availability of products or services through the Website does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on the Website.

The products and services offered on the Website may be covered by the manufacturer's warranty as detailed in the product's description on the Website and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.

All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice.

Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available.

It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Stage reserves the right, with or without prior notice to you, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service offered on the Website; (ii) impose conditions on the honoring of any promotion; (iii) bar any user from making or completing any or all transactions on the Website; and (iv) refuse to provide any user with any product or service.

ANY MEDICAL OR HEALTH CARE INFORMATION PRESENTED, OR INFORMATION REGARDING ANY PRODUCTS OR SERVICES ADVERTISED OR AVAILABLE FOR PURCHASE, ON OR THROUGH THE WEBSITE IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS.

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

6. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OR YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, FOR ANY CLAIMS ARISING OUT OF YOUR USE OF THE WEBSITE OR YOUR PURCHASE OF ANY PRODUCTS OR SERVICES VIA THE WEBSITESHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH THE WEBSITE.

The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

7. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
8. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.
9. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10. Notices.
    • To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
    • To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to legal@shopstage.co. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately upon delivery. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
11. The following sections of the Website Terms of Use are hereby incorporated into these Terms in their entirety:
    In the event of any conflicts between these Terms and the Website Terms of Use, these Terms shall control with respect to the purchase and sale of products and services through the Website.