Terms & Conditions

Introduction

Welcome to our website augustsilk.shop (the “Site”), owned and operated by August Silk (“August Silk”, “we”, “us” and “our”). These Terms and Conditions (“Terms”) govern your access to and use of our Site and our online store, products, services, applications, tools and information we make available on or through the Site (collectively, the “Services”).

Please read these Terms carefully before accessing or using our Site or Services. By accessing any part of the Site or using any of our Services, you agree you have read, understood, and agree to be bound by these Terms. If you do not agree with all of these Terms, you may not access the Site or use any of the Services.

We may revise and update these Terms at any time. Your continued usage of the Site or Services after any changes to the Terms will mean you accept those changes. Any aspect of the Site or Services may be changed, supplemented, deleted or updated without notice at the sole discretion of August Silk. We encourage you to review the most current version of the Terms frequently.

The latest version of the Terms will be located here. We will indicate at the top of the page when the Terms were last updated. If you have any questions about the Terms, please email us at [email protected].

Eligibility and Account Registration

To access certain Services, you may be required to provide certain information about yourself (such as your name, email address, etc.) in order to register for an account. You agree to provide true, accurate, and complete registration information about yourself. You are responsible for maintaining the confidentiality of your password and account access.

You must be at least 18 years of age, or the legal age of majority where you live, to open an account or make any purchases on this Site. If you are under 18 and want to use the Site or make purchases, your parent or legal guardian must create the account, agree to these Terms, and take full responsibility for all activities under the account.

We reserve the right to refuse service, close accounts, or cancel orders at our sole discretion if we believe you have violated these Terms.

Use of the Services

Subject to full compliance with these Terms, August Silk grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and Services for your own personal and non-commercial use.

You agree not to access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit the Site or any of our Services for any commercial purposes.

We reserve the right to withdraw or amend the Services provided on the Site without notice. We will not be liable if for any reason the Site or Services are unavailable for any period of time.

From time to time, we may restrict access to some parts or all of the Site and Services.

You are solely responsible for:

Making all arrangements necessary for you to access the Site.
Ensuring that all persons who access the Site through your device or internet connection are aware of and comply with these Terms.

To access the Site or Services, you may be asked to provide certain registration details or other information. It is a condition of use of the Site and Services that all the information you provide is correct, current, and complete.

You agree that all information you provide to register for an account on the Site or otherwise, including but not limited to through the use of any interactive features, is governed by our Privacy Policy https://www.augustsilk.shop/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Purchasing Products

If you wish to purchase products on the Site, you will be asked to supply certain information applicable to your purchase, including your credit card details, billing address, and shipping information.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) USED TO INITIATE ANY TRANSACTION. By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of transactions initiated by you.

All descriptions of products available for sale through the Site are subject to change at any time and without notice. We reserve the right to discontinue any products at any time without notice. Every effort is made to provide accurate images, descriptions, and prices of products, but August Silk does not guarantee the accuracy, completeness, or timeliness of any product information and we will not be liable for any inaccuracies.

We attempt to be as accurate as possible when describing our products. However, August Silk does not warrant that the product descriptions or other Site content is complete, reliable, accurate, or error-free.

Prices and availability are subject to change at any time. Prices displayed do not include shipping charges or sales tax, which will be added at checkout.

Once you submit your order you have entered into a legally binding contract to purchase the products ordered. As such, all sales are final and no refunds or exchanges will be permitted except at our sole discretion.

Shipping & Delivery

When you purchase a product on our Site, the available shipping options and delivery times will be displayed. We make every effort to ship all orders within the stated timeframes, but cannot guarantee when an order will ship or arrive.

Title and risk of loss transfer to you upon our delivery to the carrier. You are responsible for filing any claims on shipments with the carrier in the event of loss or damage in accordance with the shipping terms on your order and any applicable carrier terms and conditions.

We reserve the right to cancel or refuse to accept any order for any reason at any time. We may, in our sole discretion, limit or cancel quantities on any order. If we are unable to fulfill an order for any reason, we will attempt to notify you using the information provided at the time the order was made.

Return Policy

All sales are final, and August Silk does not accept returns or exchanges except for defective products you receive. If you receive a defective product, please contact us at [email protected] within 5 days of delivery with details of the product and defect. If we confirm the product is defective, we will provide a return shipping label to ship the product back to us for a refund or exchange. We may require photos or video of the damage or defect before approving a return.

For any returns due to our error, August Silk will provide a prepaid return shipping label. For returns or exchanges due to your error or change of mind, you will be responsible for all return shipping costs. We are unable to ship to P.O. boxes, so you must provide a deliverable address.

Refunds are processed within approximately 5 business days of the date we receive the return. Refunds are made to the original form of payment used for the corresponding order. You are responsible for any diminished value of the product that is caused by your handling of the product beyond what is necessary to determine the nature, characteristics, and proper functioning of the product.

Promotions & Discounts

August Silk may from time to time offer product promotions and discount codes that may provide percentage discounts or reduced pricing on certain products. Promotion codes and other discounts cannot be applied retroactively to previously placed orders.

Promotion codes and offers may not be combined with other offers, are non-transferrable, and have no cash value. August Silk reserves the right to cancel or modify any promotions, discounts, or sales at any time and for any reason.

Only one promotion code or discount may be used per order, and the code must be entered at checkout to receive the discounted pricing. Discounts and promotions have no cash value, do not apply to prior orders, and are non-transferrable.

Reviews & Feedback

If you submit any product reviews, comments, feedback, suggestions, ideas, or other information about August Silk, our products, or Services, whether through the Site, our social media, by email, or otherwise (“Feedback”), you agree that the Feedback is non-confidential and will become the sole property of August Silk.

We will own exclusive rights, including all intellectual property rights, in and to the Feedback, and will be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Intellectual Property Rights

The content on the Site, including without limitation all site design, text, graphics, interfaces, visual interfaces, photographs, logos, sounds, music, artwork, computer code, products, software, and other content is the property of August Silk and/or third parties and is protected by United States and international copyright, trademark, patent, trade secret, or other proprietary rights and laws.

You are permitted to use the Site for your personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Site material.

Except as expressly authorized by August Silk, you are not permitted to use any Site content for commercial purposes, nor may you use any Site content other than personal and non-commercial uses. You must not alter or modify any Site content and must not use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

All August Silk trademarks, service marks, trade names, product names, logos and trade dress are proprietary to August Silk. You must not use or reproduce August Silk trademarks or trade dress without prior written permission.

User Content

We may provide you opportunities to submit, post, upload, publish, or otherwise make available on or through the Site textual, audio, and/or visual content and information, including commentary and feedback related to the Site, Services, and/or August Silk products, brands, marketing campaigns, or other matters (“User Content”).

Any User Content provided by you remains your property. However, by providing User Content, you grant August Silk a perpetual, worldwide, irrevocable, transferrable, sublicensable, royalty-free license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, our brands, as well as in any media formats and through any media channels, and you irrevocably waive any claims against August Silk for any alleged or actual infringements of any rights of privacy or publicity, moral rights, and rights of attribution in connection with our use of the User Content.

You also acknowledge and agree that User Content is non-confidential and non-proprietary. We may use User Content for any purpose, without any compensation to you. If you believe that any content or postings on the Site infringe your intellectual property or other rights, please follow our Digital Millennium Copyright Act Policy provided below.

Prohibited Conduct

BY USING THE SITE AND SERVICES YOU AGREE NOT TO:

Use the Site or Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited under these Terms.
Use any robot, scraper, crawler, spider, website search application, or other automated means to access, copy, index, process, monitor, or distribute any Site content.
Use or attempt to use another user’s account without authorization.
Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Site or Services that you are not authorized to access.
Develop any third-party applications that interact with the Services or Site content without our prior written consent.
Use any meta tags or other hidden text or metadata utilizing an August Silk trademark, logo, URL, or product name without our express written permission.
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services or Site.
Impersonate or misrepresent your affiliation with any person or entity.
Violate any applicable law or regulation, or promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
Sell, trade, resell, or exploit for any commercial purposes any product purchased through the Site.
Post, upload, transmit, distribute, or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
Upload or transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature.
Submit false or misleading information to the Site or Services.
Post content or communications on the Site that promote pyramid schemes, chain letters, or disruptive commercial messages.
Use the Site or Services in violation of any August Silk policies or guidelines posted on the Site.
Use the Site in violation of applicable law, including but not limited to laws governing copyrighted content, trademarks, and data protection and privacy.

Violation of these prohibitions may subject you to civil and criminal penalties. August Silk reserves the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, August Silk may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history, and posted content.

Disclaimer of Warranties

THE INFORMATION, CONTENT, PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AUGUST SILK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT FOR THE SITE, INFORMATION, CONTENT, SERVICES AND PRODUCTS.

AUGUST SILK MAKES NO WARRANTIES THAT (A) THE SITE, SERVICES, CONTENT, PRODUCTS OR INFORMATION WILL MEET YOUR REQUIREMENTS; (B) THE SITE, SERVICES OR PRODUCTS WILL BE AVAILABLE, TIMELY, CURRENT, ACCURATE, RELIABLE, COMPLETE, SECURE OR ERROR-FREE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU ON THE SITE WILL MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS IN THE SERVICES OR PRODUCTS WILL BE CORRECTED.

NO ADVICE, INFORMATION WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM AUGUST SILK OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Limitations of Liability

AUGUST SILK, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, RESULTING FROM YOUR ACCESS OR USE OF THE SITE, SERVICES, OR PRODUCTS, OR ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES ON THE SITE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. This exclusion applies even if an authorized representative of August Silk has been advised of or should have knowledge of the possibility of such damages.

You specifically acknowledge and agree that August Silk is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the Site or Services, you agree that your sole remedy is to discontinue using the Site and Services.

Our maximum aggregate liability for any damages arising from use of the Site or Services in contract, tort or otherwise, is limited to the greater of $10.00 or the total amount paid by you to August Silk in the past twelve (12) months.

Indemnification

You agree to defend, indemnify and hold August Silk harmless, including our subsidiaries, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your violation of any term of these Terms; (ii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property right or privacy right; or (iii) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive termination of these Terms.

Privacy Policy

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy https://www.augustsilk.shop/privacy-policy.

Digital Millennium Copyright Act Policy and Copyright Agent

August Silk will respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our agent with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed upon.
A description of where the material that you claim is infringing is located on the Site.
Your address, telephone number, and email address.
A written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

August Silk’s Copyright Agent for notice of claims of copyright infringement on its Site can be reached by directing an e-mail to the Copyright Agent at [email protected]

In appropriate circumstances, August Silk will terminate the accounts of repeat infringers.

Governing Law

These Terms and your access to and use of the Site will be governed by, construed and enforced in accordance with the laws of the State of California, without regard to conflict of law principles. Any legal proceedings arising out of or relating to these Terms, the Site, or Services must be commenced in the state or federal courts located in Los Angeles County, California. You hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

General Provisions

These Terms constitute the entire agreement between you and August Silk relating to their subject matter and cancel and supersede any prior versions of these Terms. No modification to these Terms will be binding unless agreed to in writing by us. You may not assign or transfer these Terms without our prior written consent.

Our failure to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.

We may assign our rights and obligations under these Terms to any party at any time without notice to you.

You hereby acknowledge that you have read and understood these Terms, and agree to be bound by all terms and conditions herein.

Contacting Us

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

August Silk
[email protected]

These Terms were last updated on February 10, 2023