Last updated: March 1, 2023

Introduction

Welcome to the B Smart® Dress, Prom Dresses, Sequin Dress website (the “Site”). These Terms and Conditions (“Terms”) are a legal agreement between you and B Smart® Dress, Prom Dresses, Sequin Dress (“we,” “us,” “our”) governing your use of the Site and purchase of products through the Site.

Please read these Terms carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Site. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

We may modify these Terms at any time, and such modifications shall be effective immediately upon posting the modified Terms on the Site. You agree to review these Terms prior to purchasing products to ensure you are aware of any modifications. Your continued use of the Site after the posting of revised Terms means that you accept and agree to the changes.

You acknowledge that you have read this Agreement, understand it, agree to be bound by the Terms and Conditions herein, and are at least 18 years old. This age requirement applies even if you are acting on behalf of a company or entity. If you do not meet this age requirement, you must not access or use the Site.

Use of Site

B Smart® Dress, Prom Dresses, Sequin Dress grants you a limited, non-exclusive, non-transferable license to access and use the Site for your personal use only. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. We reserve the right to immediately terminate your access and use of the Site if you violate these restrictions.

User Account

In order to purchase products through the Site, you must create a user account and provide your contact and billing information, such as your legal name, company name, address, phone number, and email address. You represent and warrant that all information you provide to us is accurate and up to date. You agree to keep your account information strictly confidential and not share your user name or password with anyone else.

You are responsible for maintaining the confidentiality of your user name and password, and you are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damages from your failure to protect your account security.

Privacy Policy

Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information when you use our Site. The Privacy Policy is incorporated by reference into these Terms.

Product Information

We aim to provide accurate product and pricing information on the Site. However, we do not warrant that product descriptions, pricing, promotions, pictures, or other content on the Site is accurate, complete, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, we reserve the right to refuse or cancel any orders in our sole discretion. All weights, measures, and similar product descriptions are approximate and are provided for convenience purposes only.

Product Pricing and Availability

All prices on the Site are shown in U.S. dollars and are valid and effective only in the United States. We may restrict or prohibit sales of our products to certain geographic areas. We reserve the right, with or without prior notice, to limit the order quantity on any product and/or refuse service to any customer.

We strive to display colors of products shown on the Site as accurately as possible. However, as the actual colors you see depend on your monitor and various other factors, we cannot guarantee that the actual display colors match the colors of the products themselves.

Availability and pricing of products on the Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed. Products may be discontinued or promotional pricing cancelled before you place your order.

Orders and Payment

If you wish to purchase products on the Site, you will need to provide certain information required by our checkout process. Required information may include your name, billing address, shipping address, email address, phone number, and payment information. You represent and warrant that you have the legal right to use any payment method provided. We will bill your payment method at the time of purchase. If you use a credit card to place your order, we may seek pre-authorization of your credit card account prior to your purchase to verify the card is valid and has the necessary funds or credit available.

All orders are subject to acceptance by us. We may choose not to accept any orders in our sole discretion. We will confirm acceptance by sending you an order confirmation email with details of what you have ordered. Our acceptance of an order takes place when we send out the order confirmation email. At that point, your purchase becomes final and binding on both parties.

You acknowledge that we will not be required to continue to supply products to you, and we may reject orders at our sole discretion. We may require additional information to accept or reject any orders.

Shipping and Delivery

When you purchase a product, it will be shipped to the shipping address you provide during the checkout process. Delivery times vary based on your selected shipping method. You will be provided with an estimated delivery timeframe during checkout, but please note that these timeframes are only estimates and delays are possible. We will not be liable for failing to meet estimated delivery times. For up-to-date tracking information after shipment, see your order confirmation email.

Title and risk of loss for products passes to you when we transfer the products to the carrier. We currently only ship products within the United States. We do not currently ship to P.O. boxes or any addresses outside the United States. We are not responsible for any customs and import fees applied to international orders.

Returns and Refunds

Review our Return Policy for information about returning products you purchased on our Site. Please note that the Return Policy forms a part of these Terms.

In general, we accept returns of unused and unaltered products in new condition with original tags attached within 30 days of delivery for a full refund. Custom-made or specially ordered items may have different return policies. We do not accept returns of intimate apparel, swimwear, or beauty products. You are responsible for all return shipping costs unless the return is due to our error.

Refunds are generally processed within 3-5 business days of our receiving your return. Your refund will be applied to the original payment method used at checkout.

Promotions and Discounts

We may offer promotional discounts with certain conditions that restrict their use. Promotional offers may be modified or terminated at any time without notice. Discounts have no cash value. Void where prohibited.

You may not use promotions or discounts to purchase products with the intent to resell. We reserve the right to limit quantities purchased by any customer. We may terminate your account and refuse future orders if we reasonably suspect you are violating these Terms.

Intellectual Property

The Site and all content available on the Site, including but not limited to text, graphics, logos, images, compilation, products, software, and services, are the property of B Smart® Dress, Prom Dresses, Sequin Dress and/or its affiliates or licensors, and are protected by U.S. and international copyright, trademark, patent, or other proprietary rights and laws.

You agree to not copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site or its contents, except as expressly authorized in writing by B Smart® Dress, Prom Dresses, Sequin Dress.

User Content

If you submit, upload, or post any comments, ideas, suggestions, information, files, videos, images, or other content (“User Content”) to the Site, you grant us an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, modify, copy, display, store, adapt, publicly perform, distribute, and create derivative works from the User Content in any and all media or distribution methods now known or later developed.

You represent and warrant that: (i) you own or otherwise control all rights to the User Content; (ii) the User Content does not violate these Terms or any applicable laws; and (iii) you consent to the submission and use of the User Content as described in these Terms. You agree to only provide User Content that you are comfortable sharing with the public.

We do not endorse or adopt any User Content, and we have no obligation to monitor, display, or remove any User Content. We reserve the right to modify, reject, refuse access to, disable access to, or delete any User Content at any time and for any reason without notice. We take no responsibility and assume no liability for any User Content submitted by you or any third party.

Prohibited Conduct

You agree not to:

• Circumvent or manipulate our fee structure, billing process, or fees owed;
• Post, upload, or transmit any content that is defamatory, libelous, inaccurate, unlawful (including in violation of any intellectual property, proprietary, privacy, or publicity rights), or that a reasonable person would find objectionable, offensive, harmful, or otherwise inappropriate;
• Impersonate or misrepresent your affiliation with any person, entity, or group;
• Provide false or misleading information to us;
• Violate the rights of any third party, including by infringing or misappropriating intellectual property rights;
• Violate any applicable laws or regulations;
• Use the Site for any illegal purposes;
• Interfere with security features or functionality of the Site, including by disabling or circumventing features that prevent or limit use or copying of content, or violate any required procedures, policies, or regulations;
• Attempt to gain unauthorized access to the Site, user accounts, or computer systems;
• Interfere with or disrupt the Site, servers, networks, or cause performance degradation;
• Engage in any automated use of the Site, such as scraping;
• Introduce viruses, worms, spyware, Trojan horses, defects, date bombs, time bombs, or other malware that may damage or interfere with the Site;
• Cause annoyance, inconvenience, or undesired contact such as spamming or phishing;
• Impersonate, stalk, or harass others; or
• Assist or permit any third party in engaging in any prohibited activities.

Disclaimers and Limitations of Liability

The Site and all its content are provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation or availability of the Site, or the content, products, or services included on the Site.

To the fullest extent permitted by law, we expressly disclaim any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties that the Site will meet your requirements or expectations or that access to the Site will be uninterrupted, timely, secure, or error-free. We do not warrant that defects will be corrected or that the Site or its servers are free of viruses or other harmful components.

We are not responsible for damages arising out of or in connection with your use of the Site. This includes, without limitation, any direct, indirect, special, punitive, exemplary, statutory, or consequential damages, whether foreseeable or unforeseeable, even if we have been advised of the possibility of damages.

Our total liability arising out of or relating to these Terms and your use of the Site will not exceed $100.

You agree to fully indemnify, defend, and hold harmless B Smart® Dress, Prom Dresses, Sequin Dress and our officers, directors, employees, agents, affiliates, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the Site, including your User Content, feedback, suggestions, or violation of any third party rights.

Governing Law

These Terms shall be governed by the laws of the State of New York without regard to conflict of law principles. Any disputes related to these Terms or the Site shall be brought exclusively in the federal or state courts located in New York, New York, and you hereby irrevocably consent to the personal jurisdiction and venue therein.

If any portion of these Terms is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, then that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions.

Changes to Terms

We may revise these Terms from time to time by updating this page. Your continued use of the Site constitutes your acceptance of the revised Terms. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Contact Us

Please feel free to reach out if you have any questions about these Terms. You may contact us at:

B Smart® Dress, Prom Dresses, Sequin Dress
123 Main St
New York, NY 10001
Email: [email protected]