These Terms of Service (the “Terms”) govern your access to, use of, and transactions with Kimberly Fitzgerald (the “Company”) and our official website (the “Website”). By accessing, browsing, or using the Website in any capacity—including creating an account or completing a purchase—you acknowledge and unconditionally accept these Terms in their entirety. If you do not agree to these Terms, you must immediately cease all use of the Website.
1. Acceptance of Terms
By creating a user account on the Website, initiating a transaction, or otherwise engaging with our services, you agree to be legally bound by these Terms, as well as our Privacy Policy, Shipping Policy, and Refund & Return Policy (collectively, the “Agreements”). The Company reserves the right to update or modify these Terms from time to time, and your continued use of the Website following any such changes constitutes your acceptance of the revised Terms. 2. Legal Capacity to Contract
You represent and warrant that you possess the legal capacity to enter into binding contractual agreements under the laws of your jurisdiction. This requires that you are either:
- Of the age of majority in your place of residence (typically 18 years or older), or
- A minor who has obtained explicit, written consent from a parent or legal guardian to use the Website and complete transactions, with the parent/guardian assuming full responsibility for your activities on the Website.
- 3. Right to Amend Terms
The Company retains sole and absolute discretion to modify, update, or revise these Terms at any time, for any reason, without prior notice to users. All changes shall take effect immediately upon being posted on the Website. We encourage you to review these Terms periodically to stay informed of updates. Your continued access to or use of the Website after revised Terms are posted signifies your unqualified acceptance of the new terms.
4. Account Security Obligations
If you create an account on the Website, you are solely responsible for maintaining the confidentiality of your account credentials, including your password, username, and any associated security questions or verification codes. You agree to:
- Use strong, unique passwords for your account and update them regularly;
- Notify the Company promptly via our designated support channels ( [email protected] ) if you suspect unauthorized access to your account, a breach of security, or any misuse of your account;
- Take full responsibility for all activities conducted under your account, whether authorized by you or not.
The Company shall not be liable for any losses or damages arising from your failure to secure your account credentials.
5. Accuracy of Product Information
The Company makes every reasonable effort to ensure that all product descriptions, images, sizing charts, color representations, and pricing details displayed on the Website are accurate and up-to-date. However, we do not warrant or guarantee the absolute accuracy, completeness, or timeliness of such information. Errors may occur due to typographical mistakes, system glitches, third-party data inaccuracies, or product updates. The Company reserves the right to correct any errors, inaccuracies, or omissions at any time without prior notice.
6. Intellectual Property Rights
All intellectual property rights (including but not limited to copyrights, trademarks, service marks, patents, trade secrets, and design rights) in and to the Website, its content (text, graphics, logos, product images, videos, and written materials), and all product designs are the exclusive property of Kimberly Fitzgerald or its licensed partners.
You are granted a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes only. No part of the Website or its content may be copied, reproduced, modified, distributed, transmitted, displayed, sold, licensed, or otherwise exploited for any commercial or unauthorized purpose without the Company’s prior written consent.
7. Standards for User-Generated Content
Any content you submit, post, or share on the Website (including product reviews, photos, testimonials, and comments, collectively “User Content”) remains your intellectual property. However, by submitting User Content to the Website, you grant the Company a perpetual, non-exclusive, royalty-free, worldwide, transferable license to use, reproduce, modify, adapt, display, distribute, and promote such User Content for any legitimate business purposes, including marketing, advertising, and product improvement, without further compensation to you.
You represent and warrant that your User Content does not infringe on the intellectual property rights, privacy rights, or other legal rights of any third party, and does not contain defamatory, obscene, harmful, or illegal material. The Company reserves the right to remove any User Content that violates these Terms or our policies at its sole discretion.
8. Prohibited Activities
You agree not to engage in any of the following prohibited activities when using the Website:
- Accessing or attempting to access the Website through unauthorized means, including hacking, phishing, or bypassing security protocols;
- Reverse-engineering, decompiling, disassembling, or attempting to extract source code from any software, systems, or functionality of the Website;
- Using the Website for commercial purposes (e.g., reselling products for profit, soliciting customers, or promoting third-party services) without explicit written authorization from the Company;
- Uploading or transmitting viruses, malware, or other harmful code that may disrupt the Website’s functionality or compromise user data;
- Manipulating or falsifying order information, payment details, or account data for fraudulent purposes;
- Interfering with the Website’s operation or disrupting other users’ access to the platform.
- 9. Order Acceptance and Confirmation
Your submission of an order through the Website constitutes a binding offer to purchase the selected products at the listed price, plus applicable shipping fees and taxes. The Company reserves the right to accept or reject your order at its sole discretion, for reasons including (but not limited to) inventory shortages, pricing errors, suspicious payment activity, or non-compliance with these Terms.
Acceptance of your order is only deemed effective when the Company dispatches the ordered items and sends a shipping confirmation email containing a tracking number to your registered email address. Prior to this confirmation, the Company may cancel your order for any reason and issue a full refund of any payments already processed.
10. Accuracy of Pricing
While the Company strives for pricing accuracy, occasional errors may occur (e.g., typographical mistakes, system malfunctions, or incorrect data feeds). In the event of a verified pricing error, the Company reserves the right to:
- Contact you to confirm whether you wish to proceed with the order at the correct price; or
- Cancel the affected order and issue a full refund of any payments made, with no further liability to you or any third party.
The Company shall not be obligated to fulfill any orders placed at an incorrect price due to such errors.
11. Shipping Responsibilities
For orders shipped to Canada (or other international destinations where applicable), you are solely responsible for complying with all local laws, regulations, customs requirements, and import restrictions of the destination country or territory. This includes:
- Paying all applicable duties, taxes, customs fees, and brokerage charges imposed by local authorities;
- Providing accurate and complete shipping information to facilitate customs clearance;
- Resolving any disputes or delays related to customs processing directly with local authorities or the shipping carrier.
The Company shall not be liable for any fees, delays, or losses arising from your failure to comply with international shipping and customs requirements.
12. Satisfaction Guarantee
The Company stands behind the quality of its products with a 30-day satisfaction guarantee for all regularly priced items. If you are not fully satisfied with your purchase, you may return eligible items in accordance with the terms outlined in our Refund & Return Policy
