Terms of Service
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE MARKETPLACE.
Thank you for visiting the Silk or Lace Website operated by Silk or Lace LLC and its Affiliates. "Affiliates" includes any other entity controlling, controlled or under common control with Silk or Lace, where "control" means the possession, directly or indirectly, of the power to direct the management of an entity, whether through voting securities, contract or otherwise.
Silk or Lace is a marketplace where all order fulfillment, returns, and exchanges are handled directly by Affiliates.
Your use of this Site constitutes your agreement to follow and be bound by these Terms of Use ("Terms"), our Privacy Policy and our Store Policy. We reserve the right to update or modify these Terms at any time without prior notice. For this reason, we encourage you to review these Terms whenever you visit our Site.
In the context of this website, “we”, “our” and “us” means www.silkorlace.com and “you” and “your” means you, the user or customer of this Site. If you do not agree with these terms of use, please do not use this Site.
SilkorLace.com reserves the right to place customer accounts on hold or block customers due to misuse of terms.
If you require more assistance you can contact us by emailing contact@silkorlace.com and you will receive a response within 24 hours.
SITE CONTENTS
Unless otherwise noted, all materials on this Site, including text, images, illustrations, icons, photographs, video clips and other materials, and the copyrights, trademarks, service marks, trade dress and other intellectual property in such materials ("Content") are owned, controlled or licensed by Silk or Lace and its Affiliates. Content is provided solely for your personal, noncommercial use.
No right, title or interest in downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit Content in any way. We reserve the right to pursue all legal remedies for any commercial exploitation of Content.
COMMENTS, REVIEWS, AND SUBMISSIONS
Any comments, reviews, suggestions, ideas, images, videos, submissions or other communications submitted or offered to us ("Your Review") must be original work that you have the right to post on this Site. Your Review must be submitted by a customer and contain only truthful information. If you have received any incentive or compensation to submit the review (i.e. via a contest, free/gifted product, or a product discount), you must disclose the exact compensation in the review.
Your Review once submitted, will be and remain the property of Silk or Lace. Submission of Your Comments, whether via email, postal mail, or otherwise, will constitute an assignment to Silk or Lace of all worldwide rights, title and interest to all intellectual property rights in Your Review.
We will be entitled to use, reproduce, disclose, publish and distribute Your Review (or any part thereof, in edited or modified form) for any purpose whatsoever, without compensation to you.
You agree that: Your Review will not violate rights of any third party, including but not limited to, copyright, trademark, privacy or other personal or proprietary rights; Your Review will not contain libelous, threatening, defamatory or otherwise unlawful, abusive or obscene materials; and you will not transmit any computer virus or other malware that could affect operation of our Site.
PRODUCT DISPLAY AND INFORMATION
We attempt to display all product information, images, blog articles, and other content featured on our Site as accurately as possible, but do not guarantee it. In particular, we cannot guarantee that your monitor's display of merchandise color, texture or detail will be accurate. On occasion, the Site may contain incomplete information, typographical errors, or inaccuracies as to description, pricing, promotions, sizing, fabrication, color or availability. We reserve the right to correct errors at any time without prior notice (including after your order has been placed). Prices are quoted in U.S. Dollars and are valid only in the United States. We reserve the right to change pricing at any time.
The content provided on this Site (including Content and Your Review) is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on this Site are that of the individual expressing such submission or opinion and may not reflect our opinions.
INTERNATIONAL ACCESS
This Site may be accessed from countries other than the United States and may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
SITE TRANSACTIONS
We reserve the right to refuse any order placed with us or to limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that appear, in our sole judgment, to be placed by dealers, resellers or distributors. If we limit or cancel an order, we will attempt to notify you through the email, billing address or telephone number you provided when the order was placed.
DUTIES OR TAXES
All prices indicated on this website do not reflect any or all of the international duties, taxes, or other customs charges that the package may encounter when it arrives in its final destination. Please contact the customs agency officials to find out of all applicable taxes and duties (if any). Those charges vary greatly from country to country and will not be covered by Silk or Lace LLC.
FAILED DELIVERIES | REFUSED SHIPMENTS | INCORRECT ADDRESS
Your order will normally be shipped via USPS to the address provided, unless otherwise noted in your order tracking information. Tracking numbers are sent to your email address as soon as we receive them from our Affiliates. If you do not receive a tracking number, please let us know. Use your tracking number to track your package in transit.
Incomplete or incorrect address information is the primary cause of delayed shipments. Check the information on your order. Make sure you have included ALL the information (address, apt#, etc.) needed to deliver your package. The customer will be responsible for any payment of additional fees caused by the wrong address information.
RISK OF LOSS
Title to the items purchased and therefore the risk of loss pass to you upon our delivery of the items to the carrier pursuant to our standard terms of sale.
YOUR ACCOUNT SECURITY
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the Terms, and we have no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
Please see further discussion of site security in our Privacy Policy.
LINKS TO OTHER WEBSITES
This Site may contain links to websites owned and controlled by third parties. These links are provided solely for your information and convenience. We have no control over or responsibility for third party websites which you use at your own risk.
DISCLAIMER
This Site and Content are provided on an "as is" basis without warranties of any kind, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. We disclaim any duty to update or revise Content although we may modify Content at any time without prior notice. Your use of this Site is at your sole risk and you assume full responsibility for any associated costs. We will not be liable for damages of any kind related to or arising out of your use of this Site.
INDEMNIFICATION
You will defend, indemnify and hold harmless Marketplace and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or the collection, payment or failure to collect or pay any taxes.
MARKETPLACE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS MARKETPLACE AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE OR THE MARKETPLACE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE SITE.
RESOLVING YOUR CONCERNS
If you have any concerns with, or do not understand, our Terms of Use, we welcome you to contact us and we will make every effort to address and resolve your concerns. Feel free to contact us by email address at contact@silkorlace.com and we will respond within 24 hours.
DISPUTE RESOLUTION, CHOICE OF LAW AND FORUM
In the event of any claim, action or dispute related to or arising out of any silkorlace.com transaction, your use of this Site, or the breach, interpretation or validity of the Terms, ("Dispute"), the party asserting the Dispute will first attempt to resolve such Dispute in good faith, by providing written notice to the other party (via certified mail, return receipt requested or express delivery carrier) describing the facts and circumstances (including any relevant documentation) and allowing the receiving party at least thirty days in which to respond to or resolve the Dispute.
If to Silk or Lace, notice will be sent to Silk or Lace, Attention: Legal Department, PO Box 2247, Addison, Texas, 75001. If to you, notice will be sent to your last used billing address or the billing and/or shipping address in your online profile.
Both you and Silk or Lace agree that this dispute resolution procedure is a condition precedent to the filing of any litigation against the other. Any claim or action initiated by you related to or arising out of your use of this Site or the Terms will be resolved only by state or federal courts located in Dallas County, Texas. The Terms will be construed in accordance with the laws of the State of Texas, without regard to any conflict of laws provision.
OTHER
Waiver of any of the Terms will not be deemed a waiver of any other Terms or of our right to require strict adherence to any Terms at any time. If any Terms are deemed unenforceable or invalid for any reason, that provision will be severable from remaining provisions, which will remain in full force and effect. These Terms constitute the entire agreement between us relating to your use of this Site.
Effective: April 2020