Terms of Service
Welcome to Twinkle My Toes! These Terms of Service ("Terms") govern your access to and use of our website, products, and services. By visiting our website, placing an order, or engaging with us in any way, you agree to comply with these Terms. Please read them carefully before using our site. If you do not agree to these Terms, please do not use our services.
1. Overview
Twinkle My Toes ("we," "us," "our") offers a wide range of wall art and related products through our website, located at www.twinklemytoes.com (the "Site"). These Terms apply to all users of the Site, including but not limited to browsers, customers, vendors, and content contributors.
By accessing or using our Site, you agree to be bound by these Terms, along with our Privacy Policy, Return Policy, and any other policies or guidelines that may be applicable to your use of our services.
2. Eligibility
You must be at least 18 years old or the legal age of majority in your jurisdiction to use our services. By using our Site, you represent and warrant that you meet this eligibility requirement. If you are under 18, you may use our services only with the involvement of a parent or guardian.
3. Account Registration
To access certain features of our Site, such as making purchases or leaving reviews, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update your information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you suspect any unauthorized use of your account, you must notify us immediately.
We reserve the right to terminate or suspend your account at our discretion, without notice, for any reason, including if we believe you have violated these Terms.
4. Purchases and Payment
When you place an order on our Site, you agree to provide accurate and complete payment information. By submitting your payment details, you authorize us to charge the applicable amount for your order. All prices on our Site are listed in U.S. dollars and are subject to change without notice.
We accept various payment methods, including credit/debit cards, PayPal, and other payment options as indicated at checkout. Payment must be received in full before your order is processed and shipped. In the event of a payment dispute, we reserve the right to cancel your order or suspend your account.
5. Order Processing and Shipping
Once you place an order, you will receive an order confirmation via email. This email confirms that we have received your order but does not guarantee acceptance of your order. We reserve the right to refuse or cancel any order for any reason, including product availability, errors in pricing or product information, or suspected fraudulent activity.
We strive to process and ship orders as quickly as possible. Estimated shipping times are provided at checkout, but actual delivery times may vary based on factors beyond our control. You will receive a shipping confirmation email with tracking information once your order has been dispatched.
6. Returns and Refunds
We want you to be completely satisfied with your purchase from Twinkle My Toes. If you are not happy with your order, you may return it within 30 days of delivery for a refund or exchange, subject to our Return Policy. Items must be returned in their original condition and packaging.
Please note that digital downloads, customized products, and final sale items are non-refundable unless they are defective or damaged. For more details on our return and refund process, please visit our Return Policy page.
7. Intellectual Property
All content on our Site, including but not limited to text, images, graphics, logos, and designs, is the property of Twinkle My Toes or our content suppliers and is protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, modify, or create derivative works from any content on our Site without our prior written consent.
You are granted a limited, non-exclusive, and revocable license to access and use our Site for personal, non-commercial purposes only. Any unauthorized use of our content may result in termination of your license and legal action.
8. User-Generated Content
We may allow users to submit reviews, comments, or other content ("User Content") on our Site. By submitting User Content, you grant Twinkle My Toes a worldwide, non-exclusive, royalty-free, and perpetual license to use, reproduce, modify, and distribute your content in any media.
You agree not to submit any User Content that is illegal, defamatory, obscene, or infringes on the rights of others. We reserve the right to remove or edit any User Content that violates these Terms or that we find inappropriate at our discretion.
9. Third-Party Links
Our Site may contain links to third-party websites or services that are not owned or controlled by Twinkle My Toes. We are not responsible for the content, privacy practices, or terms of service of these third-party websites. Your use of third-party sites is at your own risk, and we encourage you to review their policies before engaging with them.
10. Limitation of Liability
To the fullest extent permitted by law, Twinkle My Toes and its officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our Site, products, or services. This includes, but is not limited to, damages for lost profits, loss of data, or business interruption, even if we have been advised of the possibility of such damages.
Our total liability to you for any claim arising out of or related to these Terms shall not exceed the amount you paid for the product or service in question. Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages, so the above limitations may not apply to you.
11. Indemnification
You agree to indemnify and hold harmless Twinkle My Toes, its officers, directors, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your use of our Site, your violation of these Terms, or your violation of any rights of a third party.
12. Dispute Resolution
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Site, the parties agree to first attempt to resolve the matter through informal negotiation. If the dispute cannot be resolved informally, it shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in [Your State], and the arbitrator's decision shall be final and binding.
You agree to waive any right to a trial by jury or to participate in a class action lawsuit. However, nothing in this section shall prevent you from seeking injunctive relief in a court of competent jurisdiction to protect your intellectual property rights or other proprietary interests.
13. Termination
We reserve the right to terminate or suspend your access to our Site or services at any time, without notice, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use our Site will immediately cease, and any provisions of these Terms that by their nature should survive termination shall continue in full force and effect.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States and the State of [Your State], without regard to its conflict of law principles. Any legal action arising out of or relating to these Terms shall be filed in the state or federal courts located in [Your State], and you consent to the jurisdiction of such courts.
15. Changes to These Terms
We may update or modify these Terms at any time, in our sole discretion. When we make changes, we will post the updated Terms on this page and update the "Last Updated" date at the top of this document. Your continued use of our Site after the changes become effective constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any updates.
16. Force Majeure
Twinkle My Toes shall not be liable for any failure to perform its obligations under these Terms if such failure results from any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, supply shortages, or government actions.
17. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall continue in full force and effect.
18. Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
19. Entire Agreement
These Terms, along with any policies or guidelines incorporated by reference, constitute the entire agreement between you and Twinkle My Toes regarding your use of our Site and supersede any prior agreements or understandings, whether written or oral.
20. Contact Us
If you have any questions or concerns about these Terms, please contact us at:
Twinkle My Toes
Email: support@twinklemytoes.com
Address: 777 E 56th St #2 Brooklyn, NY 11234
We appreciate your business and your trust in Twinkle My Toes. Thank you for choosing us for your wall art needs!
By using our Site and services, you acknowledge that you have read, understood, and agree to these Terms of Service.