TERMS & CONDITIONS

OVERVIEW

The website booniesbesties.com (“Site”) is owned and operated by Studio Bestie, LLC, a company operating under the laws of the USA. In these Terms, “we,” “us,” and “our” refer to booniesbesties.com and Studio Bestie, LLC. The terms “Client,” “you,” and “your” refer to any individual user of our Site or Services.

NOTICE: It is your responsibility to carefully read these Terms of Use (“Terms”) prior to using our Site or purchasing or accessing any of our products or Services. These Terms govern and define your use of the Site and Services and are legally binding on you.

Our team provides general educational and/or entertainment information on various topics on this website, which should not be construed as professional advice. These are our personal opinions only. No professional-client relationship is formed by your use of this website.

USE OF OUR SITE AND SERVICES

When you accessed our Site or opted in to any of our Services, you were given reasonable notice that these Terms existed. By accessing and continuing to use our Site, or by clicking to accept or agree to these Terms when the option is made available to you, you agree to be legally bound by and abide by these Terms and our Privacy Policy, whether or not you have read them. If you do not agree with these Terms or our Privacy Policy, you must not use or access our Site or Services.

By using our Site or clicking to accept these Terms, you accept and agree to be bound by and comply with these Terms as well as our Privacy Policy. By purchasing or accessing any of our Services, you further warrant to us that you are of the applicable age of majority in your jurisdiction.

ACCESS AND DELIVERY OF SERVICES

Age of Majority

To access or use our Site or purchase any Services or products, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. Children under the age of 18 are strictly prohibited from using the Site.

Right to Change or Restrict Access

We reserve the right at any time to change or restrict access to our Site or Services. We may at any time change or discontinue any aspect or feature of the Site, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

Refusal of Service

Our Services and products are offered subject to our acceptance of your order or request. We reserve the right to refuse service to any order, person, or entity without the obligation to assign a reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or products.

Order Confirmation

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

Product Descriptions

We endeavor to describe and display our products as accurately as possible. While we try to be as clear as possible, our Site might not be entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

Product images on our Site are for illustrative purposes only. Colors may vary slightly depending on your device display settings and the specific product received. All additional props such as stock photos, tablets, phones, frames, and display items are for illustrative purposes only and are not included in the sale.

PRODUCTS

Print-on-Demand Products (Apparel, Totes, Accessories)

All physical products sold through Boonie’s Besties are made to order through our print-on-demand fulfillment partner. Each product is created specifically for you when you place your order. This means no sitting in a warehouse — your Bestie is made fresh for you.

Because all products are made to order, we are unable to accept returns or exchanges for change of mind or incorrect size selection. Please check all size guides and product descriptions carefully before ordering.

Digital Products

Some offerings on our Site are digital downloads available for immediate access upon purchase. Due to their instant-delivery nature, all digital product sales are final and non-refundable. Please read all product descriptions carefully before purchasing. Some digital products may require specific software such as Adobe Acrobat, Canva, Microsoft Office, or Google Drive. It is your responsibility to ensure you have the necessary software before purchasing. We are not responsible for any third-party subscription costs required to access digital products.

Pricing

All fees and prices listed on our Site are in USD. We reserve the right to change our prices at any time and without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of products. Only one discount or promotion code may be used at any one time. Discount codes have no cash equivalent and cannot be applied to any item after it has been purchased.

FEES AND PAYMENT AUTHORIZATION

Payment Authorization

You authorize Studio Bestie, LLC to charge your credit card or debit card through PayPal, Stripe, or any other payment processor used on our Site. By completing a purchase, you authorize us to charge your selected payment method for the full order amount.

Chargebacks

By initiating any chargeback dispute, you expressly agree to forfeit any and all bonuses, digital materials, or other resources provided to you. We reserve the right to present proof of your order, access to products, and your acceptance of these Terms to any third party investigating the dispute.

SHIPPING

All physical products are fulfilled and shipped from the fulfillment center closest to you. Estimated production time is 3–7 business days, after which orders are shipped via your selected shipping method. For full details on estimated delivery times, international shipping, tracking, and missing packages, please see our Shipping Policy page.

Boonie’s Besties is not responsible for shipping delays caused by carriers, lost packages due to carrier error, packages delayed or held by customs, or customs fees and import duties on international orders.

RETURNS, EXCHANGES & REFUNDS

No Refund Policy — Change of Mind

Because all physical products are made to order specifically for you, we do not accept returns or exchanges for change of mind, wrong size selection, or buyer’s remorse. You are solely responsible for reading product descriptions and size guides carefully before purchasing. Please reach out to us before you purchase if you have any questions — we are happy to help you determine if a product is right for you.

Damaged, Defective, or Incorrect Items

We will replace or refund any item that arrives damaged, defective, misprinted, or incorrect. Claims must be submitted within 14 days of delivery to tara@taraboone.com with your order number and clear photos of the issue. We strongly encourage you to contact us as soon as possible upon discovering any issue, as prompt notification helps us resolve your claim quickly. Claims received after 14 days and up to 30 days of delivery will be considered on a case-by-case basis at our sole discretion. Claims submitted after 30 days of delivery will not be accepted under any circumstances. Approved replacements or refunds will be processed promptly.

Digital Products — No Refunds

Due to the digital nature of our digital products, which are available to download immediately upon purchase, we do not accept returns, exchanges, or cancellations, and no refunds will be made. Please email us if you have any queries or need support before purchasing.

Refund Processing

Approved refunds are issued to your original payment method. Processing time is 5–10 business days depending on your bank or card provider.

For full details please see our Returns & Exchanges Policy page.

MEDIA RELEASE

By enrolling in any Services or purchasing any products offered through us, you expressly consent to us using any image(s) or content, including your likeness, that you voluntarily submit to us (such as reviews, photos of your products, or social media tags) for our marketing and promotional purposes. You grant us a worldwide, non-exclusive, irrevocable license to use submitted material for promotional, business development, and marketing purposes.

INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS

Ownership

All content, resources, materials, images, text, designs, graphics, page layouts, icons, videos, logos, taglines, trademarks (whether common law or registered), copyright, and service marks (“Intellectual Property”) on our Site or posted on any of our social media accounts is owned by us, unless attributed otherwise. All artwork and character designs are original hand-drawn works by Tara Boone and are the exclusive property of Studio Bestie, LLC.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our Intellectual Property, in whole or in part, without our express prior written consent.

For clarity, you are strictly prohibited from re-posting or republishing any of our Intellectual Property, whether in whole or in part, to any third-party website or social media platform for any purpose. Using our Intellectual Property for “inspiration” for your own content is a violation of our Intellectual Property rights and these Terms.

Limited License

When you purchase any product from our Site, you receive a limited, non-transferable, non-exclusive, royalty-free license for your personal, non-commercial use only. You do not obtain any ownership interest or other rights to the underlying artwork or designs. All copyrights remain with Studio Bestie, LLC.

You may NOT under any circumstance:

Reproduce, copy, modify, or sell our materials
Use our designs for commercial purposes
Transfer our materials to another person
Create derivative works based on our materials
Offer any competing products based on our materials
Insert our media, graphics, or artwork into any product for commercial use without appropriate written license

We reserve the right to revoke your access to products if we determine you are misusing our Site, products, or intellectual property. We take violations seriously and reserve the right to seek damages, an injunction, or any other available legal remedy in our sole discretion.

Violations and Indemnity

We expressly reserve the right to take whatever legal steps are necessary to protect and defend our Intellectual Property. Violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend, and hold us harmless for any and all damages, costs, and expenses, including legal fees, arising from your misuse of our Intellectual Property.

Rights to Your Materials

We claim no intellectual property rights over any materials you submit to us. You retain copyright and any other rights you may rightfully hold in any content you submit. By submitting any content to us (such as reviews or photos), you agree to hold Tara Boone and Studio Bestie, LLC harmless from any claims arising out of that submission. By posting material on the Site, you grant us a worldwide, non-exclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

Material You Submit to the Site

You shall not upload, post, or otherwise make available on the Site any artwork, photos, or other materials protected by copyright, trademark, or other proprietary rights without the express written permission of the owner. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights arising from your submission. You automatically represent and warrant that you have the authority to use and distribute any materials you submit and that doing so will not violate any laws, rules, regulations, or third-party rights.

NO TEXT OR DATA MINING OR WEB SCRAPING

You shall not conduct, facilitate, authorize, or permit any text or data mining or web scraping in relation to our Site or any services provided via our Site. This includes using any “robot,” “bot,” “spider,” “scraper,” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, or republish any portion of the Site or any data, content, or information accessed via the same.

ASSUMPTION OF RISK AND DISCLAIMERS

Assumption of Risk

Use of this Site is at your own risk. You understand and agree that the use of our Site, its contents, and any of our products or Services is at your own risk.

Warranties Disclaimer

We make no warranties as to our Site, the Services, or any related materials. You agree that our Site and Services are provided “as is” and without warranty of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we expressly disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

No Guarantees

While we may reference certain results, outcomes, or situations on this Site, you understand and acknowledge that we make no guarantee as to the accuracy of any third-party statements or the likelihood of any particular outcome.

General Disclaimer

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you in connection with the use of our Site or products, including without limitation any liability for accidents, delays, harm, loss, lost profits, personal or business interruptions, loss of income or revenue, loss of business, loss of data, or loss of goodwill, whether caused by negligence, breach of contract, or otherwise, whether foreseeable or unforeseeable.

Technology Disclaimer

We make reasonable efforts to provide you with reliable technology and platforms from which to access our Site. In the event of a technological failure, we are not responsible for said failure or any resulting damages. We do not warrant that the Site will be functional, uninterrupted, correct, complete, or error-free, or that our Site is free of viruses or other harmful components.

Third-Party Disclaimer

You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any third party, including other users of our Site.

Affiliate Disclaimer

We may use affiliate links to promote certain products or services on our Site. We disclaim all liability as a result of your purchase through one of these links. We will make reasonable efforts to notify you when affiliate links are used. You accept responsibility for clicking affiliate links and agree to read the terms of any affiliate site before engaging in a transaction.

LIMITATION OF LIABILITY AND INDEMNITY

Limitation of Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL STUDIO BESTIE, LLC NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AFFILIATES, OR SUCCESSORS (“COLLECTIVELY, THE RELEASED PARTIES”) BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, OR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, OUR SITE, ANY LINKED WEBSITES, OR ANY WEBSITE CONTENT, MATERIALS, POSTINGS, OR INFORMATION ON THE WEBSITE.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. IF YOU HAVE NOT PURCHASED ANY PRODUCTS THROUGH OUR SITE, OUR CUMULATIVE LIABILITY SHALL BE $100.00.

Release, Indemnity, and Waiver

To the maximum extent permitted by applicable law, you agree to defend, indemnify, release, and hold harmless the Released Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of our Site, including but not limited to any user submissions, third-party sites, or any use of our content or products other than as expressly set out in these Terms.

TERMINATION OF YOUR USE

If at any time we believe that you have violated these Terms, we may immediately terminate your use of our Site and any related communications, in our sole discretion. We may block or revoke your access to our Site at any time without notice, and if necessary, block your IP address from further visits to our Site.

SECURITY

You understand that transmission of information via the internet is not completely secure. Although we make commercially reasonable efforts to protect your information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures on our Site.

If you create an account on our Site, it is your responsibility to protect your username and password from unauthorized use. If you become aware that your account has been compromised, notify us immediately at tara@taraboone.com.

You agree that any registration information you provide must be accurate and that you must not impersonate someone else or provide an email address other than your own. Your account must not be used for any illegal or unauthorized purpose.

USE OF THIRD-PARTY APPLICATIONS

In order to run our Site and provide our Services, we use a number of third-party applications, including for processing payment, delivering electronic newsletters, and fulfilling orders. You understand it is your responsibility to review the terms of use for any such third-party applications. If you do not agree with the terms of any third-party application used by our Site, please discontinue use of our Site and Services immediately.

CONFIDENTIALITY

You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly stated in a subsequent written agreement or as may be mandated by law.

YOUR COMMUNICATION WITH US

Any communications made through our contact form, blog comments, social media pages, or directly to our email address are not held privileged or confidential and may be subject to viewing and/or distribution by third parties. We own any and all communications displayed on our website, servers, comments, or emails as permitted under law.

We maintain the right to republish any communication or submission, in whole or in part, as reasonably necessary in the course of our business. You agree not to submit any content or communications that contain sensitive, illegal, libelous, obscene, abusive, or otherwise harmful or inappropriate content. We reserve the right to block your access to our Site as a result of any such behavior.

PROHIBITED BEHAVIOUR

By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs, or other technologically harmful material. We will report any such breach to the relevant law enforcement authorities. You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages, and/or costs arising from your misuse of our Site or your breach of these Terms.

PRIVACY

Your use of our Site is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy for information on how we collect, store, and use your personal information.

You agree not to violate the publicity or privacy rights of any other user. You agree not to infringe any other person’s or our copyright, patent, trademark, trade secret, or other intellectual property rights.

LAWFUL PURPOSES

You may use the Site and purchase products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

GENERAL

Effect of Headings

The subject headings of the paragraphs and subparagraphs of these Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire Agreement; Waiver

This Agreement constitutes the entire agreement between you and booniesbesties.com / Studio Bestie, LLC pertaining to the Site and Services and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing to us at tara@taraboone.com or to you via the email you used at sign up.

Governing Law; Venue

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas, United States. Any disputes arising out of or relating to this Agreement shall be resolved in accordance with the Binding Arbitration provision set forth in these Terms. The exclusive venue for any court proceedings not subject to arbitration shall be the State of Texas, United States.

Recovery of Litigation Expenses

If any legal action or arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable legal fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment

These Terms bind and inure to the benefit of the parties’ successors and assigns. These Terms are not assignable, delegable, sub-licensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

All Rights Reserved

We reserve the right to update and change these Terms at any time, and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page. Your continued use of or access to the Site affirms your acceptance of any changes to our Terms. All rights not expressly granted in these Terms are expressly reserved by us.

LINKS TO OTHER WEBSITES

Our Site may contain links to third-party websites or services that are not owned or controlled by booniesbesties.com. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that booniesbesties.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites you visit.

INTERNATIONAL PRIVACY COMPLIANCE

European Union and United Kingdom — GDPR

If you are located in the European Union or United Kingdom, you have certain rights under the General Data Protection Regulation (“GDPR”) and the UK GDPR with respect to your personal data. These rights include the right to access, correct, update, or request deletion of your personal data. You also have the right to object to the processing of your personal data, ask us to restrict processing of your personal data, or request portability of your personal data.

To exercise any of these rights, please contact us at tara@taraboone.com. We will respond to your request within 30 days. We collect and process your personal data only as necessary to fulfill your order, provide our Services, and communicate with you. We do not sell your personal data to third parties.

By using our Site or purchasing our products from within the EU or UK, you consent to the collection and processing of your personal data in accordance with these Terms and our Privacy Policy.

Canada — PIPEDA

If you are located in Canada, your personal information is collected, used, and disclosed in accordance with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and applicable provincial privacy legislation. You have the right to access your personal information held by us and to request corrections. To exercise these rights, please contact us at tara@taraboone.com.

Australia

If you are located in Australia, your personal information is handled in accordance with the Australian Privacy Act 1988 and the Australian Privacy Principles. You have the right to access and correct personal information we hold about you. To exercise these rights, please contact us at tara@taraboone.com.

General International Privacy Statement

We are committed to protecting the privacy of all customers regardless of location. For full details on how we collect, store, use, and protect your personal information, please refer to our Privacy Policy. Our Privacy Policy is incorporated into these Terms by reference.

CALIFORNIA CONSUMER PRIVACY ACT (CCPA)

If you are a resident of the State of California, you have specific rights under the California Consumer Privacy Act of 2018 (“CCPA”) regarding your personal information. These rights include:

The right to know what personal information we collect, use, disclose, and sell
The right to request deletion of your personal information
The right to opt out of the sale of your personal information
The right to non-discrimination for exercising your CCPA rights

We do not sell your personal information to third parties. To submit a request to know or a request to delete under the CCPA, please contact us at tara@taraboone.com. We will respond to verifiable consumer requests within 45 days as required by law. For more information on our data practices, please refer to our Privacy Policy.

EMAIL MARKETING COMPLIANCE — CAN-SPAM AND CASL

CAN-SPAM Act Compliance (United States)

In compliance with the CAN-SPAM Act, all marketing emails sent by Studio Bestie, LLC will:

Clearly identify the sender and the sender’s physical mailing address
Include a clear and conspicuous opt-out mechanism in every marketing email
Honor all opt-out requests promptly and within 10 business days
Not use deceptive subject lines or misleading header information

By subscribing to our email list, including “Boonie’s Babble” or any other newsletter or marketing communication offered through our Site, you consent to receive marketing emails from us. You may unsubscribe at any time by clicking the unsubscribe link included in every email or by contacting us at tara@taraboone.com. We will process your unsubscribe request promptly.

CASL Compliance (Canada)

In compliance with Canada’s Anti-Spam Legislation (“CASL”), we will only send commercial electronic messages to Canadian recipients with their express or implied consent. Every commercial electronic message we send will identify us as the sender, provide our contact information, and include a functioning unsubscribe mechanism. You may withdraw your consent to receive commercial electronic messages at any time by using the unsubscribe link in any email or by contacting us at tara@taraboone.com.

SALES TAX

Prices displayed on our Site do not include applicable sales tax unless expressly stated. Sales tax, where applicable, will be calculated and added to your order total at checkout based on your shipping address and the applicable tax laws of your jurisdiction.

As a result of the United States Supreme Court decision in South Dakota v. Wayfair, Inc. (2018), we may be required to collect and remit sales tax in states where we have established economic nexus, regardless of whether we have a physical presence in that state. We reserve the right to collect sales tax in any jurisdiction where we determine that we have a legal obligation to do so. You are solely responsible for any additional taxes, duties, or fees imposed by your local, state, or national government on your purchase, including but not limited to import duties and customs fees on international orders.

FORCE MAJEURE

Studio Bestie, LLC shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any obligation under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including without limitation acts of God, flood, fire, earthquake, explosion, hurricane, tornado, or other natural disaster; epidemic or pandemic; war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; government order, law, or action; embargoes or blockades; national or regional emergency; strikes, labor stoppages or slowdowns, or other industrial disturbances; shortage of adequate power, transportation facilities, or supplies; failure of third-party suppliers or fulfillment partners; carrier delays or failures; or any other similar events beyond our reasonable control (each a “Force Majeure Event”).

In the event of a Force Majeure Event, we will use commercially reasonable efforts to notify you as soon as practicable and to resume performance as soon as reasonably possible. We shall not be obligated to provide refunds for orders delayed due to a Force Majeure Event, but we will work with you in good faith to find a reasonable resolution.

THIRD-PARTY FULFILLMENT

All physical products sold through booniesbesties.com are manufactured and fulfilled by an independent third-party print-on-demand fulfillment company (“Fulfillment Partner”). It operates independently and is subject to its own terms of service and policies.

You acknowledge and agree that:

Studio Bestie, LLC does not manufacture, warehouse, or physically handle any physical products sold through our Site
Our print-on-demand fulfillment partner is solely responsible for the physical production, quality control, and fulfillment of all print-on-demand orders
Delays, errors, or defects originating from manufacturing or fulfillment process are subject to its own policies and procedures
Studio Bestie, LLC will act as your point of contact for any order issues and will work with them on your behalf to resolve legitimate claims for damaged, defective, or incorrect items
Studio Bestie, LLC is not liable for manufacturing defects, fulfillment errors, or shipping delays that originate with our fulfillment partner beyond our direct control

In the event of a fulfillment error or product defect, please contact us at tara@taraboone.com within 14 days of receiving your order. Claims received between 15 and 30 days of delivery will be reviewed on a case-by-case basis at our sole discretion. We will liaise with our fulfillment partner on your behalf to pursue a replacement or refund where applicable under their policies.

BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Agreement to Arbitrate

You and Studio Bestie, LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the breach, termination, enforcement, interpretation, or validity thereof, or your use of our Site or purchase of our products (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding.

You and Studio Bestie, LLC agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement, and that both parties are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

Arbitration Rules and Process

Any arbitration will be conducted by JAMS, Inc. (“JAMS”) under its applicable rules, including the JAMS Consumer Arbitration Minimum Standards, which are available at www.jamsadr.com. The arbitration will be conducted in the State of Texas, United States, unless both parties agree otherwise. The arbitrator shall have exclusive authority to resolve any Dispute and to decide all threshold questions of arbitrability. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims within the scope of that court’s jurisdiction. Additionally, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

Class Action Waiver

YOU AND STUDIO BESTIE, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Studio Bestie, LLC 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.

Opt-Out Right

You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to tara@taraboone.com within 30 days of first accepting these Terms. Your notice must include your name, your mailing address, and a clear statement that you want to opt out of this arbitration agreement. If you opt out of this arbitration agreement, all other parts of these Terms will continue to apply to you.

PRINT-ON-DEMAND PRODUCT VARIATIONS AND WARRANTY DISCLAIMER

Due to the nature of the print-on-demand manufacturing process, you acknowledge and agree that:

Slight variations in color between the product images displayed on our Site and the actual product received are inherent to the digital printing process and are not considered defects. Screen calibrations, monitor settings, and printing variables may affect color appearance.
Minor variations in print placement within industry-standard tolerances (typically plus or minus 0.5 inches) are not considered defects and are not grounds for a refund or replacement.
Natural variations in fabric texture, weight, and feel between production runs are not considered defects.
Garment measurements may vary slightly from the size guides provided due to natural manufacturing tolerances and are not considered defects.
Slight fading or color shift after washing, if the care instructions provided on the garment label are not followed, is not considered a defect and is not grounds for a refund or replacement.

We make every effort to ensure that product images on our Site are as accurate as possible. However, TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PRINT ACCURACY, COLOR ACCURACY, AND PRODUCT DIMENSIONS BEYOND WHAT IS DESCRIBED IN THESE TERMS. Your sole remedy for a product that arrives genuinely damaged, defective, or materially misprinted is a replacement or refund as described in our Returns & Exchanges Policy, subject to the conditions and time limits stated therein.

ACCESSIBILITY

Studio Bestie, LLC is committed to making our Site accessible to all users, including those with disabilities. We strive to ensure that our Site conforms to applicable web accessibility standards, including the Web Content Accessibility Guidelines (WCAG) 2.1 at Level AA where reasonably practicable.

If you experience any difficulty accessing any part of our Site or have suggestions for how we can improve accessibility, please contact us at tara@taraboone.com. We will make reasonable efforts to address accessibility concerns in a timely manner.

CHILDREN’S ONLINE PRIVACY PROTECTION (COPPA)

Our Site is not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13. If you are under 13 years of age, you are not permitted to use our Site or submit any personal information to us. If we become aware that we have inadvertently collected personal information from a child under 13, we will take prompt steps to delete such information from our records. If you believe that we may have collected personal information from a child under 13, please contact us immediately at tara@taraboone.com.

CHANGES TO THESE TERMS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 14 days’ notice prior to any new terms taking effect. By continuing to access or use our Site after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Site. All rights not expressly granted in these Terms are expressly reserved by us.

CONTACT

If you have any questions about these Terms and Conditions or our Privacy Policy, please email us at: tara@taraboone.com

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