Terms and Conditions

Effective Date: 01/15/2024

1. Acceptance of Terms

These Terms and Conditions govern your access to and use of ReFresh Studio websites and services, including www.ReFreshStudio.co and www.ReFreshStudio.store (the “Site”). By visiting the Site, creating an account, making a purchase, or otherwise using our services, you agree to these Terms and to all policies referenced here, including our Privacy Policy. If you do not agree, do not use the Site.

2. Changes to the Terms

We may update these Terms at any time. Changes take effect when posted on the Site. Your continued use of the Site means you accept the updated Terms. We encourage you to review them regularly.

3. Electronic Communications

When you visit the Site or email us, you are communicating electronically. You consent to receive communications from us electronically. We may contact you by email, SMS if you opt in, or by posting notices on the Site. You agree that all agreements, notices and disclosures provided electronically satisfy any legal requirement that such communications be in writing.

4. Eligibility

You must be at least 13 years old to use the Site, and at least 18 years old to make purchases, enter into binding agreements, or participate in consignment, rentals, or membership programs. By using the Site you represent you meet these requirements.

5. Accounts and Security

You may need an account to access certain features. You agree to provide accurate information, keep your credentials confidential, and accept responsibility for all activities under your account. You must promptly notify us of any unauthorized use or security breach.

6. Permitted Use and License

ReFresh Studio grants you a limited, revocable, non-exclusive license to access and make personal, non-commercial use of the Site. This license does not include the right to download, copy, modify, reverse engineer, or data mine the Site or its content, except for standard page caching. Any unauthorized use terminates the license.

7. Intellectual Property

All content on the Site, including text, images, graphics, logos, video, audio, downloads, product data, and software, is owned by ReFresh Studio or our licensors and is protected by intellectual property laws. The compilation of all content is the exclusive property of ReFresh Studio. You may not use our trademarks, trade dress, or logos without our prior written permission.

8. User Content and Reviews

If you submit reviews, comments, images, designs, or other content, you grant ReFresh Studio a non-exclusive, worldwide, royalty-free, transferable license to use, reproduce, modify, publish, translate, distribute, display, and create derivative works from your content in any media, for marketing and operational purposes. You represent that you own or control all rights in your content and that it does not infringe any third-party rights or violate any law. We may remove content at our discretion.

9. Prohibited Conduct

You agree not to misuse the Site. Prohibited conduct includes fraud, harassment, infringement, scraping, data mining, spamming, introducing malware, bypassing access controls, or interfering with the Site’s operation. We may suspend or terminate access for any violation.

10. Products, Descriptions, and Availability

We aim to display products, sizing, materials, and pricing accurately, including vintage, pre-owned, and limited pieces. Colors and details may vary due to photography and screen settings. Availability is not guaranteed and items may be removed or limited at any time.

11. Pricing, Taxes, and Errors

Prices are listed in the Site’s local currency unless stated otherwise and are subject to change without notice. You are responsible for taxes, duties, and fees where applicable. If a product is listed at an incorrect price due to error, we may cancel or refuse orders placed for the incorrectly priced item and will issue a refund if charged.

12. Orders and Acceptance

Your order is an offer to buy. We may accept, reject, or cancel any order for reasons including availability, suspected fraud, pricing errors, or delivery issues. Title transfers when we deliver the product to the carrier. We reserve the right to limit quantities per person, per household, or per order.

13. Payment

We accept the payment methods presented at checkout. By submitting payment, you represent that you are authorized to use the selected method and you authorize us or our payment processors to charge the total order amount, including taxes and shipping. We may use third-party payment providers and fraud prevention services.

14. Shipping, Delivery, and Risk of Loss

Shipping options, fees, and estimated timelines are shown at checkout. Risk of loss passes to you upon delivery by us to the carrier. International shipments may be subject to customs delays and import duties that are your responsibility.

15. Returns, Exchanges, and Final Sale

Our return and exchange policy is posted on the Site and incorporated by reference. Certain items may be final sale including vintage, pre-owned, limited editions, undergarments, consumables, or made-to-order pieces. To be eligible for returns or exchanges, items must meet the conditions described in the policy.

16. Preorders and Backorders

Preorder or backorder dates are estimates and may change. We may charge your payment method at the time of order or at shipment as disclosed at checkout. You may cancel before shipment unless marked as final sale.

17. Gift Cards and Store Credit

Gift cards and store credit are redeemable only on the Site, cannot be redeemed for cash except where required by law, and are not reloadable. Lost or stolen cards will not be replaced except as required by law.

18. Promotions and Discounts

Coupons, promotions, and membership perks are subject to their own terms. We may modify or end promotions at any time. Unless expressly stated, promotions cannot be combined and are not applicable to taxes, shipping, or final sale items.

19. Consignment and Resale Submissions

If you submit items for consignment or resale, additional consignment terms will apply. By submitting items, you represent that you are the lawful owner, that items are authentic, and that you authorize ReFresh Studio to photograph, market, price within agreed parameters, discount, or return items based on the consignment agreement. Payouts, fees, timelines, and authentication procedures are governed by that agreement. We may refuse items at our discretion.

20. Rentals and Event Programs

If you participate in rentals or pop-up events, separate rental or event terms apply regarding security deposits, care and use, damage, late fees, pickup and return, and liability. You agree to follow event rules and location requirements.

21. Memberships and Community Access

Memberships, early access, or invitations may be offered and are subject to posted terms. Benefits may change. We may terminate or suspend membership for misuse, fraud, or violations.

22. Third-Party Services and Links

The Site may link to third-party websites or integrate third-party tools, including payment processors, analytics, and shipping providers. We are not responsible for third-party content or practices. Your use of third-party services is at your own risk and subject to their policies.

23. Mobile Messaging, SMS, and Push

If you opt in to SMS or push notifications, you consent to receive recurring automated and non-automated messages at the number or device provided. Message and data rates may apply. You can opt out by following the instructions in a message or by contacting us.

24. Privacy

Your use of the Site is subject to our Privacy Policy, which explains how we collect, use, and share information. The Privacy Policy for ReFreshStudio.co and ReFreshStudioco.store is incorporated into these Terms.

25. Disclaimer of Warranties

The Site, content, and all products and services are provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant uninterrupted or error-free operation, accuracy of content, or that defects will be corrected.

26. Limitation of Liability

To the fullest extent permitted by law, ReFresh Studio and its owners, officers, employees, and agents will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill, arising out of or related to your use of the Site or purchases, even if advised of the possibility. Our total liability for any claim will not exceed the amount you paid to ReFresh Studio for the product or service giving rise to the claim.

27. Indemnification

You agree to defend, indemnify, and hold harmless ReFresh Studio and our affiliates from any claims, damages, losses, liabilities, costs, or expenses including reasonable attorneys’ fees arising out of your use of the Site, your content, your violation of these Terms, or your violation of any rights of another.

28. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control including natural disasters, acts of government, labor disputes, war, terrorism, power failures, or interruptions of internet services.

29. Governing Law and Venue

These Terms are governed by the laws of the State of California without regard to conflict of law rules. You agree to submit to the personal jurisdiction and venue of the state and federal courts located in Los Angeles County, California for any dispute that is not subject to arbitration.

30. Dispute Resolution, Arbitration, and Class Action Waiver

At our or your election, any dispute arising out of or relating to these Terms or the Site will be resolved by binding arbitration administered by a recognized arbitration provider in Los Angeles County, California, under its applicable rules. You and ReFresh Studio waive the right to a jury trial and to participate in class actions or class-wide arbitration. You may seek relief in small claims court if your claims qualify. This section does not apply where prohibited by law.

31. Notice of Copyright Infringement (DMCA)

If you believe content on the Site infringes your copyright, send a notice with the following information: your contact details, identification of the copyrighted work, identification of the allegedly infringing material and its location, a statement of good-faith belief that use is not authorized, a statement under penalty of perjury that the information in the notice is accurate and that you are the copyright owner or authorized agent, and your physical or electronic signature. Send notices to contact@ReFreshStudio.co with the subject line “DMCA Notice”.

32. Termination

We may suspend or terminate your access to the Site at any time, with or without notice, for any reason including violation of these Terms. Sections that by their nature should survive will survive termination.

33. International Users

You are responsible for compliance with local laws. Accessing the Site from territories where its content or products are illegal is prohibited. Import duties, taxes, and compliance with customs regulations are your responsibility.

34. Severability

If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in effect.

35. No Waiver

Our failure to enforce any right or provision is not a waiver of that right or provision.

36. Entire Agreement

These Terms, together with the Privacy Policy and any additional policies or terms posted on the Site or provided at checkout, constitute the entire agreement between you and ReFresh Studio regarding the Site and your purchases.

37. Contact

Questions about these Terms can be sent to contact@ReFreshStudio.co.
Mailing address available upon request.