terms & conditions

GRACEANDSTELLA.COM TERMS AND CONDITIONS


Effective Date: August 2, 2016. Last Updated: March 14, 2023.

 

AGREEMENT BETWEEN USER AND GRACEANDSTELLA.COM

Welcome to GraceAndStella.com. The GraceAndStella.com website (the "Site") is comprised of various web pages operated by GraceAndStella.com. GraceAndStella.com (“Grace and Stellla®”) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Grace and Stellla® constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 

ELECTRONIC COMMUNICATIONS

Visiting Grace and Stellla® or sending emails to Grace and Stellla® constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

The Products on this Website are intended for personal, non-commercial purposes only. Except as expressly permitted in these Term and Conditions, you may not use, reproduce, distribute, adapt, modify, reverse engineer, copy, publish, display, transmit, link, rent, frame, lease, loan, sell, license, or in any way exploit the Products of this Website.

“Grace and Stella, Inc. does not authorize or permit the resale of Grace & Stella by unauthorized resellers, retailers or distributors by any means including on the websites Amazon and eBay. Any account associated with a purchase order that we suspect is connected with the illegal distribution of Grace & Stella, or any other activity that was not pre-approved in writing by an authorized officer of Grace and Stella, Inc., may be subject to suspension or termination and restrained from further access to this Website. Any open orders associated with such an account will then be cancelled and credited back to the original purchaser. Grace and Stella, Inc. reserves the right to pursue any unlawful reseller, retailer or distributor for violations under applicable law including, but not limited to, The Lanham Act.

 

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Grace and Stellla® is not responsible for third party access to your account that results from theft or misappropriation of your account. Grace and Stellla® and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Grace and Stellla® does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Grace and Stellla® only with permission of a parent or guardian.

 

PROHIBITED ACTS

You are granted a non-exclusive, non-transferable, revocable license to access and use Grace and Stellla® strictly in accordance with these Terms and Conditions. By using this Site, you represent, warrant and covenant that you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining a list of users or other information, or to send chain letters or pyramid schemes via this site or (c) attempt to gain unauthorized access to other computer systems through this site; (d) transmit any viruses or any other disabling mechanisms; (e) use this site for any illegal purpose, in violation of any applicable laws or regulations; (f) engage in any Internet activities that would violate the privacy rights of others; or (g) attempt to penetrate security measures of this site, or obtain or bypass others’ passwords. You agree that you will not use this site in any manner that could damage, disable, overburden, or impair this site or interfere with any other party’s use and enjoyment of this site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Grace and Stellla® or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Grace and Stellla®’ content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Grace and Stellla® and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Grace and Stellla® or our licensors except as expressly authorized by these Terms.

 

TESTIMONIALS

If you submit or post a testimonial, comment, review, suggestion or any work of authorship (collectively a “Submission”) to us, including, without limitation, a Submission about our products or services, such Submission will not be confidential or secret, and may be used by us in any manner. By submitting or sending a Submission to us, you: (i) represent and warrant that the Submission is original to you, that no other party has any rights thereto, and that any “moral rights” in such Submission has been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such Submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, at our sole discretion, with or without your name.

 

INTERNATIONAL USERS

The Service is controlled, operated and administered by Grace and Stellla® from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Grace and Stellla®’ content accessed through Grace and Stellla® in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Grace and Stellla®, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Grace and Stellla® reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Grace and Stellla® in asserting any available defenses.

ARBITRATION

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

CLASS ACTION WAIVER

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Grace and Stellla® AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.

Grace and Stellla® AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Grace and Stellla® AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Grace and Stellla® AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Grace and Stellla® OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

TERMINATION/ACCESS RESTRICTION

GraceAndStella.com reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and GraceAndStella.com as a result of this agreement or use of the Site. Grace and Stellla®’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Grace and Stellla®’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Grace and Stellla® with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Grace and Stellla® with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Grace and Stellla® with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

CHANGE TO TERMS

Grace and Stellla® reserves the right, in its sole discretion, to change the Terms under which Grace and Stellla® is offered. The most current version of the Terms will supersede all previous versions. Grace and Stellla® encourages you to periodically review the Terms to stay informed of our updates.

Returns & Refund Policy

Return Conditions

For online purchases, we will accept merchandise in its original condition for a refund of the purchase price when accompanied by the original invoice.

Full-price merchandise must be returned within 60 days from the date of delivery to Grace and Stellla®. Likewise, all PayPal purchases must be returned exclusively to Grace and Stellla®.

Beauty products may be returned if unopened and in the original packaging within 60 days from the date of delivery.

Merchandise that has been used, altered or damaged will not be accepted. At our sole discretion, we reserve the right to refuse the return of any merchandise that does not meet the above return requirements.

Merchandise returned to Grace and Stellla® will be processed within 7-10 business days of receipt. A confirmation email will be sent to you once your account has been credited. Refunds may only be issued in the same form as was utilized for payment. Please note that the original shipping charges incurred at the time of purchase are non-refundable.

Return Guidelines

We recommend shipping returned merchandise via UPS for tracking purposes. We will not assume responsibility for reimbursement or compensation in the event that return packages are lost, stolen, mishandled, or damaged.

Exchanges

Grace and Stellla® cannot accommodate automatic exchanges at this time. Please return the original item you wish to exchange using the applicable conditions or guidelines above for the exchange item. Please note that exchange orders are subject to product availability. We will inform you if we are unable to fulfill your order. Please be sure to include the RMA# provided by Grace and Stellla® on the outside of the box as well as the inside.

Refunds

Once we verify the purchase of the items in your return we will accept the return and process the refund. Verifying the items is expected to take 3 to 5 business days.
The refund will be issued as soon as possible after the return has been accepted, directly to the Credit/Debit Card or PayPal account used for the original purchase and in the same currency.
We estimate you will see the credit in your account approximately one week from when we request the refund, this will depend however on the time required for banking procedures.
You will receive an email confirming the credit has been successfully issued and the total refunded sum, which will correspond to the full price of the items returned.
Should you have any questions or require assistance with your refund, please do not hesitate to contact our Customer Care.

Shipping and Delivery

Purchases may not be shipped to P.O. boxes, APO/FPO addresses or to any address outside of the continental United States, Alaska, Hawaii or Puerto Rico. In addition, Grace and Stellla® cannot be held responsible for unanticipated delivery delays beyond our control.

Prices reflected on Grace and Stellla® do not include any duty/customs charges for orders within the United States and Canada - unless expressly stated otherwise. If asked to pay any customs charges on your order within the United States, Canada or Internationally this will be the sole responsibility of the customer.

Changes/Cancellations

If you wish to cancel or modify your order, please send an email as soon as possible to support@graceandstella.com. We will make every effort to accommodate your request. However, once an order has been submitted we cannot guarantee that the purchase can be cancelled or modified. Once you have received your online order, please refer to our return instructions included with your shipment. If you would like to purchase a different product, please visit our website or contact an Grace and Stellla® online personal shopper via email at support@graceandstella.com. Grace and Stellla® reserves the right to refuse or cancel orders placed on www.graceandstella.com in our sole discretion.

 

Grace & Stella Review Competition Terms and Conditions

  1. Eligibility: The competition is open to all customers who have made a purchase on graceandstella.com and received their order. Employees of Grace & Stella, their immediate family members, and anyone else connected with the competition are not eligible to enter.

  2. Entry: To enter the competition, customers must leave a review of their order on Grace & Stella's website. Each review will count as one entry into the weekly draw for a $100 Amazon voucher.

  3. Selection of Winners: Each week, one winner will be selected at random from all eligible entries using an online random number generator. The winner will be notified via email within seven (7) days of the draw and will be sent their voucher to the email address associated with their account.

  4. Prize: The prize for each weekly draw is a $100 Amazon voucher. The prize is non-transferable and non-exchangeable. No cash alternative is available. Grace & Stella reserves the right to substitute the prize with another of similar value without prior notice.

  5. Publicity: By entering the competition, participants agree to Grace & Stella's use of their name and image in any promotional material.

  6. Data Protection: Personal information provided by participants will be used by Grace & Stella solely for the purpose of administering the competition and notifying winners.

  7. Changes to the Competition: Grace & Stella reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of Grace & Stella's control.

  8. Liability: Grace & Stella shall not be responsible for any damage, loss, or injury resulting from the participant's participation in the competition or the acceptance, use or misuse of the prize.

  9. Governing Law and Jurisdiction: These terms and conditions are governed by the laws of the province of British Columbia, Canada, and any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of British Columbia.

By participating in this competition, participants agree to be bound by these terms and conditions.

Grace & Stella Tremendous Influencer Affiliate Program Payout Platform

Welcome to the Affiliate Program ("Program") of grace & stella t/a Gravitiq X, LLC. ("Company," "we," "us," "our"). These Payout Terms and Conditions govern the payout process for affiliates ("Affiliate," "you," "your") participating in the Program through the use of the Social Snowball platform and the Tremendous payout platform ("Payout Platform").

By participating in the Program and requesting payouts through the Payout Platform, you agree to these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Payout Platform.

1. Eligibility for Commissions

  • Earning Commissions: Commissions are earned for qualified referrals that result in a successful sale through your affiliate link, subject to the Company's return policy.
  • Return Policy: Sales that are refunded or returned within the Company's 30-day return policy period will not be eligible for a commission.
  • Commission Holding Period: Commissions are subject to a 30-day holding period from the date of the qualifying sale to account for potential returns.

2. Payout Requests and Options

  • Requesting Payouts: Affiliates may request payouts through the Social Snowball portal, subject to the availability of earned commissions after the holding period.
  • Payout Options: Affiliates can choose to receive payouts via Virtual Visa Card, store vouchers, Venmo, or bank transfer through the Payout Platform.
  • Minimum Payout Amount: The Company may set a minimum payout amount. Details will be provided within the Social Snowball portal.

3. Tax Compliance

  • Affiliate Responsibility: You are solely responsible for any taxes on income earned through the Program. Depending on your jurisdiction, you may be required to provide certain tax information to the Company.
  • Company Reporting: The Company may report payouts to tax authorities as required by law.

4. Data Privacy

  • Personal Information: By using the Payout Platform, you agree to the collection, use, and disclosure of your personal information as outlined in the Company's Privacy Policy.
  • Security: The Company will take reasonable precautions to protect your personal information but is not liable for unauthorized access to such information by third parties.

5. Compliance with Laws

You agree to comply with all applicable laws and regulations in your use of the Payout Platform and your participation in the Program.

6. Modification of Terms

The Company reserves the right to modify these terms and conditions at any time. You will be notified of any changes and your continued use of the Payout Platform after such notification will constitute acceptance of the modified terms.

7. Dispute Resolution

  • Governing Law: These terms and conditions are governed by the laws of the jurisdiction in which the Company is registered.
  • Disputes: Any disputes arising from or related to these terms and conditions will be subject to the exclusive jurisdiction of the courts of that jurisdiction.

8. Contact Information

For any questions or concerns regarding these terms and conditions, please contact us at support@graceandstella.com