TERMS OF SERVICE

Terms of Service

Last Updated: December 23, 2024

Welcome to AZ'GAD Boutique! These Terms of Service ("Terms") govern your use of our website (azgad-boutique.com), mobile app (if applicable), in-store purchases, and all services provided by AZ'GAD Boutique ("we," "us," or "our").

By accessing our website, making a purchase, or using our services, you agree to these Terms. If you do not agree, please do not use our website or services.


1. General Terms

1.1 Eligibility

You must be at least 18 years old to make a purchase or create an account

By using our services, you represent that you are of legal age and have the authority to enter into these Terms

1.2 Account Creation

You may create an account to track orders, save preferences, and access VIP benefits

You are responsible for maintaining the confidentiality of your account credentials

You agree to provide accurate, current information and update it as needed

We reserve the right to suspend or terminate accounts that violate these Terms

1.3 Modifications to Terms

We may update these Terms at any time without prior notice

Continued use of our services after changes constitutes acceptance of the updated Terms

We encourage you to review these Terms periodically


2. Products and Pricing

2.1 Product Descriptions

We strive for accuracy in product descriptions, images, and pricing

Colors may vary slightly due to screen settings and lighting

We reserve the right to correct errors in product information or pricing

2.2 Pricing

All prices are in USD and subject to change without notice

Promotional pricing and discounts are valid for limited times and may have specific terms

We reserve the right to limit quantities on promotional items

2.3 Availability

Product availability is subject to change and not guaranteed until purchase is complete

If an item becomes unavailable after purchase, we will notify you and offer a refund or alternative

2.4 VIP Member Pricing

VIP members receive exclusive discounts and benefits as outlined in their membership tier

Discounts cannot be combined with other promotions unless specified

VIP pricing is subject to membership status (active subscription required)


3. Orders and Payment

3.1 Order Acceptance

Your order is an offer to purchase; we reserve the right to accept or decline any order

Order confirmation does not guarantee acceptance; acceptance occurs when we ship the item or process in-store pickup

3.2 Payment Methods

We accept major credit cards, debit cards, PayPal, and other payment methods as displayed at checkout

Payment is due at the time of purchase

You authorize us to charge your payment method for the total order amount, including taxes and shipping

3.3 Payment Processing

Payments are processed securely through third-party processors (Stripe, PayPal)

We do not store full credit card information on our servers

You agree to pay all charges incurred by you or on your behalf

3.4 Taxes

Sales tax will be applied to orders as required by law based on shipping or pickup location

You are responsible for any additional taxes, duties, or fees (e.g., international orders)

3.5 Order Cancellation

You may cancel an order before it ships by contacting us immediately

Once an order has shipped, our return policy applies

We reserve the right to cancel orders due to pricing errors, fraud, or inventory issues


4. Shipping and Delivery

4.1 Shipping Methods

We offer standard and expedited shipping options (rates displayed at checkout)

Shipping times are estimates and not guaranteed

Orders are typically processed within 1-3 business days

4.2 Shipping Costs

Shipping costs are calculated based on order value, weight, and destination

Free shipping promotions may have minimum purchase requirements

VIP Golden Highlight members may receive free or discounted shipping (see membership terms)

4.3 Delivery

Risk of loss passes to you upon delivery to the carrier

We are not responsible for delays caused by shipping carriers

You are responsible for providing accurate shipping information; we are not liable for delays or non-delivery due to incorrect addresses

4.4 International Shipping

International customers are responsible for customs fees, duties, and taxes

Delivery times vary by destination and customs processing

Some items may not be eligible for international shipping


5. Returns and Exchanges

Please refer to our Returns & Exchanges Policy (linked above) for complete details.

Summary:

30-day return window for eligible items (45 days for Golden Highlight VIP members)

Items must be unworn, unwashed, with original tags

Final sale items are non-returnable

Refunds processed to original payment method within 5-10 business days


6. VIP Membership Program

6.1 Membership Tiers

Foundation (Free): Basic perks including early access and event notifications

Concealer ($49/month): Enhanced benefits including priority seating and quarterly events

Golden Highlight ($99/month): Premium benefits including personal stylist access and extended returns

6.2 Billing

Paid memberships are billed monthly on a recurring basis

You authorize us to charge your payment method automatically each billing cycle

Membership fees are non-refundable except as required by law

6.3 Cancellation

You may cancel your membership at any time through your account settings or by contacting us

Cancellation takes effect at the end of the current billing cycle

No refunds for partial months

6.4 Membership Benefits

Benefits are subject to availability and may change with notice

Discounts and perks are non-transferable

We reserve the right to modify or discontinue membership tiers or benefits

6.5 Suspension or Termination

We may suspend or terminate memberships for violation of these Terms, fraudulent activity, or abuse of benefits


7. Intellectual Property

7.1 Ownership

All content on our website, including text, images, logos, designs, and graphics, is the property of AZ'GAD Boutique or our licensors

Content is protected by copyright, trademark, and other intellectual property laws

7.2 Limited License

We grant you a limited, non-exclusive license to access and use our website for personal, non-commercial purposes

You may not reproduce, distribute, modify, or create derivative works without our written permission

7.3 Trademarks

"AZ'GAD Boutique" and our logo are trademarks of AZ'GAD Boutique

Unauthorized use of our trademarks is prohibited

7.4 User-Generated Content

If you submit photos, reviews, or other content (e.g., in our membership portal), you grant us a non-exclusive, worldwide license to use, display, and reproduce that content for marketing and promotional purposes

You represent that you own or have rights to any content you submit


8. Prohibited Uses

You agree not to:

Use our website or services for any illegal or unauthorized purpose

Violate any laws, regulations, or these Terms

Interfere with or disrupt our website or servers

Attempt to gain unauthorized access to our systems or user accounts

Use automated systems (bots, scrapers) to access our website

Impersonate another person or entity

Transmit viruses, malware, or harmful code

Harass, abuse, or harm other users or our staff

Engage in fraudulent activity or chargebacks

Violations may result in account termination and legal action.


9. Limitation of Liability

9.1 Disclaimer of Warranties

Our website and services are provided "as is" and "as available"

We do not guarantee uninterrupted, error-free, or secure access

We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose

9.2 Limitation of Damages

To the fullest extent permitted by law, AZ'GAD Boutique and its owners, employees, and partners are not liable for any indirect, incidental, consequential, or punitive damages

This includes lost profits, data loss, or business interruption

Our total liability for any claim is limited to the amount you paid for the product or service in question

9.3 Indemnification

You agree to indemnify and hold us harmless from

any claims, damages, or expenses arising from your use of our services or violation of these Terms


10. Privacy and Data Protection

Your use of our website is also governed by our Privacy Policy (linked above)

We collect, use, and protect your personal information as described in our Privacy Policy

By using our services, you consent to our data practices


11. Events and Promotions

11.1 Fashion Shows and Events

VIP members may receive priority access to events, subject to capacity and availability

Event details, dates, and benefits are subject to change

We reserve the right to cancel or reschedule events due to unforeseen circumstances

11.2 Contests and Voting

Monthly style referendum voting is open to VIP members

Contest rules and eligibility are provided with each promotion

Prizes (e.g., $100 store credit) are non-transferable and have no cash value


12. Third-Party Services

12.1 External Links

Our website may contain links to third-party websites (e.g., Instagram, payment processors)

We are not responsible for the content, privacy practices, or terms of third-party sites

12.2 Payment Processors

Payments are processed by third-party providers (Stripe, PayPal)

Your use of these services is subject to their terms and policies


13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of New Jersey, USA, without regard to conflict of law principles

13.2 Jurisdiction

Any disputes arising from these Terms or your use of our services will be resolved in the courts of Bergen County, New Jersey

13.3 Arbitration (Optional)

We encourage resolving disputes amicably through direct communication

If we cannot resolve a dispute, you agree to binding arbitration under the rules of the American Arbitration Association

13.4 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions or collective proceedings


14. Force Majeure

We are not liable for delays or failure to perform due to circumstances beyond our reasonable control, including:

Natural disasters, pandemics, or public health emergencies

Government actions, laws, or regulations

Labor disputes, strikes, or supply chain disruptions

Technical failures or internet outages


15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full effect.


16. Entire Agreement

These Terms, along with our Privacy Policy and Returns & Exchanges Policy, constitute the entire agreement between you and AZ'GAD Boutique regarding your use of our services.


17. Contact Us

If you have questions about these Terms, please contact us:

AZ'GAD Boutique
400 Valley Brook Ave
Lyndhurst, NJ 07071
Phone: (201) 800-0468
Email: [your email address]


By using our website or services, you acknowledge that you have read, understood, and agree to these Terms of Service.

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