Terms & Conditions

Introduction

Welcome to the Sienna Sky® website, owned and operated by Sienna Sky Apparel Inc (“Sienna Sky”, “we”, “us” or “our”). These Terms of Use (“Terms”) govern your access to and use of our website, including any content, products, services, and functionality offered on or through our website (collectively, the “Website”).

Please read these Terms carefully before using our Website. By accessing or using the Website, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you may not access or use our Website.

1. Acceptance of Terms

By accessing or using our Website, you agree to be bound by these Terms, whether you are a “Visitor” (which means that you simply browse our Website) or you are a “Member” (which means that you have registered with our Website). The term “User” refers to a Visitor or a Member. If you wish to become a Member and access features available only to Members, you must register and create an account.

2. Description of Services

Sienna Sky operates an online retail store selling women’s clothing and accessories including pants, dresses, tops, blouses, and more. Users can browse and purchase our products through the Website.

We reserve the right to modify, suspend or discontinue the Website or any products, content, features, or functionalities offered through the Website at any time and without notice. We may also impose limits on certain features, services or products or restrict access to parts of the Website without notice or liability.

3. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use and disclose information from our users.

4. User Accounts and Security

If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must also maintain the security of your account credentials and may not disclose your credentials to any third party. You must immediately notify us if you discover or suspect any unauthorized access or use of your account.

5. Acceptable Use Policy

You agree not to use the Website or any services provided through the Website:

In any way that violates applicable law or infringes any intellectual property right of any person or entity.
To engage in any harassing, abusive, threatening, harmful, or otherwise objectionable behavior.
To distribute any unsolicited or unauthorized message, advertisement, solicitation, scheme, spam, or other content.
To access, tamper with, or use any non-public areas of the Website.
To probe, scan, or test the vulnerability of any system or network.
To breach or circumvent any security or authentication measures.
To access or search the Website with any engine, tool, agent, device or mechanism other than tools approved by Sienna Sky or generally available third party web browsers.
To forge headers or otherwise manipulate identifiers to disguise the origin of any content.
To upload, post, email or otherwise transmit any content that you do not have the lawful right to transmit.
To intentionally interfere with the operation of the Website.
To intentionally interfere with any other user’s enjoyment of the Website.
To conduct any systematic or automated collection of data from the Website.
To frame or utilize framing techniques to enclose any content included on the Website.
For any fraudulent or illegal purposes.

Violations may lead to account termination and legal consequences.

6. Intellectual Property Rights

The content on our Website, including logos, graphics, images, designs, photographs, text, illustrations, packaging, icons, software, audio clips, videos, domain names and trademarks (“Materials”) are protected by copyright, trademark and other laws. All Materials are the property of Sienna Sky or its content suppliers.

The compilation of all content and functionality on the Website is the exclusive property of Sienna Sky and protected by U.S. and international copyright laws. All software used in the Website is the property of Sienna Sky or its software suppliers and is protected by U.S. and international copyright laws.

Subject to your compliance with these Terms, and solely for purposes of your use of the Website as permitted under these Terms, Sienna Sky grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website. No Materials from the Website may be copied, reproduced, modified, republished, disassembled, reverse engineered, sold, redistributed, licensed or otherwise exploited in any manner without Sienna Sky’s express written permission. You may not use any data mining, robots or similar data gathering or extraction methods to obtain or manipulate content from the Website.

Sienna Sky and its suppliers reserve all rights not expressly granted in these Terms. Any use of the Website or Materials not expressly permitted herein is prohibited and may violate copyright, trademark, and other laws. If you breach any of these Terms, your permission to use the Website and Materials will automatically terminate.

7. Trademarks

The Sienna Sky name, logo and other related trademarks, service marks, graphics, and logos are trademarks of Sienna Sky in the United States. Sienna Sky’s trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sienna Sky. All other trademarks appearing on our Website are the property of their respective owners.

8. User Content

We may now or in the future allow users to post content on our Website, including comments, reviews, photos, videos, images, etc (“User Content”). User Content does not include Materials owned or controlled by Sienna Sky.

We do not claim ownership of User Content. However, when you post any User Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, fully sublicensable and transferable license under any and all intellectual property rights to use, copy, modify, adapt, transmit, display, perform, distribute, store, create derivative works from and promote such User Content in any manner and for any purpose.

You are solely responsible for all User Content you contribute. You represent and warrant that you own or have all necessary rights to the User Content you submit and that such User Content does not violate these Terms or the rights of any third party. We have no responsibility or liability for any User Content.

We reserve the right to refuse, delete or edit any User Content and to suspend or ban accounts of users who repeatedly violate these Terms.

9. Prohibited Content

You agree not to upload, post, email, transmit, store or otherwise make available any content that:

Infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
Violates any law, statute, ordinance, contract or regulation.
Is defamatory, slanderous, libelous, threatening, harassing, hateful, abusive, violent, obscene, vulgar, pornographic, or otherwise offensive or objectionable.
Contains or depicts any nudity, sexually explicit content or images of real people.
Promotes or encourages violence or any illegal activities.
Contains or installs any viruses, worms, malware, trojan horses, or other harmful computer code.
Contains false or misleading statements.

We may at any time in our sole discretion review, monitor, prohibit, edit, delete, disable access to or remove any User Content without notice for any reason. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate User information. We may also cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this policy.

10. Third Party Content and Links

The Website may contain content, advertising and links to websites operated by third parties. We do not control and are not responsible for third party content, products or services. Your dealings or communications with any third party in connection with third party content are solely between you and the third party.

We may receive compensation or other benefit for links directing users to third party websites. Any third party websites are independent from Sienna Sky, and we have no control over the content or availability of linked sites. The inclusion of any link does not imply endorsement by Sienna Sky of the linked site. Use caution when interacting with third parties or using third party content or websites.

11. Purchases and Refund Policy

If you wish to purchase any products or services on the Website, you will be asked to supply certain information relevant to your purchase, including your credit card number, billing address, shipping information, phone number and email address. You must be over 18 years of age to make any purchases through the Website.

All purchases are subject to our standard terms and conditions of sale, which you should carefully review prior to purchase. All products and services are subject to availability, and we reserve the right to impose quantity limits or reject any order.

After you place an order, you will receive an order confirmation email with details of your purchase. However, this does not constitute our acceptance of your order. We reserve the right to accept or reject orders in our sole discretion.

Most products can be returned within 30 days from the original purchase date for an exchange or full refund. All refunds/exchanges will be subject to the following conditions:

Items must be returned in original condition unworn, unwashed and with all tags still attached. Any returned items that have been used, washed or damaged in any way may not be eligible for a refund.
All shipping and handling charges associated with returns are non-refundable. You are responsible for all return shipping costs.

We reserve the right to apply additional conditions or refuse any return at our discretion if we reasonably believe:

The return request is fraudulent or improper.
The returned products were not purchased originally from Sienna Sky.
The Customer fails to comply with any of the above conditions.

Online gift cards, gift certificates or store credit purchases are final and not eligible for return or refund.

Please see our Refund Policy for full details on eligible returns and refunds.

12. Shipping and Delivery

We will arrange for shipment of any products purchased on the Website to the delivery address you specify at the time of purchase. Shipping and delivery dates are estimates only – we cannot guarantee when or if products will arrive on a specified date.

Title and risk of loss pass to you upon our transfer of the products to the carrier. You are responsible for all shipping and handling charges. We are not liable for any loss, damage or costs arising out of delayed deliveries by any carrier.

13. Disclaimers

YOUR ACCESS TO AND USE OF OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, Sienna Sky’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SIENNA SKY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

WE MAKE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, THAT ANY PART OF THE WEBSITE, CONTENT, INFORMATION, ITS SERVERS OR ANY COMMUNICATIONS SENT FROM US WILL BE ERROR FREE, VIRUS FREE, UNINTERRUPTED, SECURED AND/OR DELIVERED PROPERLY, TIMELY, ACCURATELY OR RELIABLY.

THE INFORMATION ON OUR WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS PROFESSIONAL ADVICE ON ANY SUBJECT MATTER. USERS OF THE WEBSITE SHOULD NOT ACT OR REFRAIN FROM ACTING BASED ON ANY CONTENT INCLUDED IN THE WEBSITE WITHOUT SEEKING APPROPRIATE PROFESSIONAL ADVICE. USE OF THE WEBSITE AND ANY INFORMATION CONTAINED THEREIN IS SOLELY AT YOUR OWN RISK.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

14. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL SIENNA SKY, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SIENNA SKY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SIENNA SKY’S RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SIENNA SKY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SIENNA SKY FOR ACCESS TO OR USE OF THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. Indemnification

You agree to defend, indemnify and hold harmless Sienna Sky, its directors, officers, members, employees, affiliates and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your access to, use of or misuse of the Website; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including any intellectual property right or privacy right; or (iv) any claim that your User Content caused damage to a third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such claim without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

16. Termination

We may terminate your access and remove any User Content at any time, with or without cause, with or without notice, effective immediately. You may terminate these Terms at any time by ceasing use of the Website, provided that all provisions will survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to access and use the Website immediately ceases. We will not be liable to you or any third party for any termination of your access to the Website.

17. Choice of Law and Jurisdiction

These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We do not accept any responsibility or liability for access to the Website from territories where the Website or any content provided through the Website is illegal. Those who access the Website from other locations do so at their own initiative and are responsible for compliance with all applicable laws.

18. Waiver and Severability

Our failure to exercise or enforce any provision of these Terms shall not constitute a waiver of such provision. No waiver by Sienna Sky of any default, breach or non-compliance under these Terms shall be deemed to be a waiver of any subsequent default, breach or non-compliance.

If any provision of these Terms is held invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permissible so as to maintain the intent of these Terms, and the remainder of these Terms will continue in full force and effect.

19. Entire Agreement

These Terms constitute the entire agreement between you and Sienna Sky with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations and warranties, whether written or oral, regarding such subject matter.

20. Changes to the Terms

We reserve the right, at our sole discretion, to modify these Terms at any time. If we decide to change these Terms, we will post the updated Terms and update the “Last Updated” date above. It is your responsibility to check these Terms periodically for changes. Your continued access or use of the Website constitutes your acceptance of the changes. If you object to any changes to these Terms, you must cease accessing the Website.

21. Contact Us

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

Sienna Sky Apparel Inc.
123 Main St.
San Francisco, CA 94105
Email: [email protected]