Terms of Service
These Terms of Service (“Terms”) govern your access to and use of Lilac Sky Studio, LLC’s website and online store (collectively, the “Services”). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use or access the Services in any manner.
Lilac Sky Studio, LLC (“we,” “us,” or “our”) reserves the right, at its sole discretion, to modify, update, or replace these Terms at any time. Any modifications will be effective immediately upon posting, and your continued use of the Services constitutes acceptance of such changes.
I. Eligibility
You represent and warrant that you are of legal age in your jurisdiction to form a binding contract and to use the Services. You may not use the Services if you are under the minimum age required by law. You also represent that you have the legal capacity to enter into a binding contract and are not prohibited from using the Services under any applicable law. By accessing the Services, you affirm that you meet these requirements.
II. Intellectual Property Rights
All content on the website, including but not limited to text, images, graphics, logos, product descriptions, designs, and artwork (“Content”) is the exclusive property of Lilac Sky Studio, LLC or licensed to us and is protected under U.S. and international copyright, trademark, and other intellectual property laws.
You may not copy, reproduce, distribute, modify, publicly display, create derivative works from, or otherwise use the Content without our express written consent. Unauthorized use of Content may result in civil, criminal, or statutory penalties.
Any content you submit, such as reviews, comments, photos, or other materials, grants Lilac Sky Studio, LLC a non-exclusive, worldwide, royalty-free, perpetual, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, or create derivative works of such submissions. You represent that such content is original or that you have rights to grant these licenses.
III. Orders, Pricing, and Payments
Orders placed through the website constitute an offer to purchase products. Lilac Sky Studio, LLC reserves the right, at its sole discretion, to accept or decline any order. Prices are displayed in U.S. dollars and are subject to change without notice. Payment may be made at the time of purchase through the secure checkout system or through available installment plans offered via Shop Pay or similar services, if provided.
While we strive for accuracy, product descriptions, images, and pricing may contain errors, omissions, or inaccuracies. All such errors are unintentional, and Lilac Sky Studio, LLC makes no warranty that product details are completely accurate or current.
You agree to provide accurate, current, and complete billing and shipping information and to promptly update such information as necessary. You are solely responsible for any consequences resulting from providing inaccurate or incomplete information. All taxes, duties, or other governmental charges applicable to your purchase are your responsibility.
IV. Shipping and Delivery
We will make reasonable efforts to ship orders promptly. Delivery dates are estimates and not guaranteed. Shipping carrier policies govern delivery timeframes, and risk of loss transfers at the moment the package is handed to the carrier. Lilac Sky Studio, LLC is not liable for delays caused by carriers or circumstances beyond our control. Customers are responsible for inspecting packages upon delivery.
V. Returns, Exchanges, and Refunds
All sales are final. We do not accept returns, exchanges, or offer refunds, except where required by applicable law or for defective items.
Any claims regarding defective items must be submitted with proof of purchase within 30 days of delivery. Lilac Sky Studio, LLC may offer store credit or replacement items. No other remedies or damages are available.
VI. Product Use, Allergies, and Material Disclaimers
Products sold by Lilac Sky Studio, LLC are intended for personal, non-commercial use only. By purchasing or using our products, you acknowledge and agree that you do so at your own risk. Lilac Sky Studio, LLC is not liable for any injury, damage, or loss resulting from misuse, improper handling, or alteration of products. Customers are fully responsible for the proper care and maintenance of products. Any instructions provided are for informational purposes only, and following them does not create any express or implied warranty.
Products may contain metals, gemstones, or other materials that could cause allergic reactions, irritation, or skin sensitivities. Customers are responsible for determining their own sensitivities, and reviewing product descriptions, and using products with discretion.
All products are decorative in nature, and we make no claims regarding health, wellness, or therapeutic benefits. Any references to gemstones, metals, or other materials are for descriptive purposes only. We make no guarantees regarding authenticity, rarity, or market value of materials beyond what is stated in product listings.
Normal wear and tear, including tarnishing, patina development, or natural variations in stones and metals, is not considered a defect. Gemstones and crystals are inherently delicate; variations in color, pattern, and appearance are natural and expected. Lilac Sky Studio, LLC is not responsible for chips, scratches, or breakage that occur after delivery, including damage from third-party repairs or modification.
By using our products, you release Lilac Sky Studio, LLC from any claims related to personal injury, allergic reactions, property damage, or other losses arising from the use of our products. This disclaimer applies to all uses of the products and supersedes any implied warranties. This section survives termination of any order or access to the website.
VII. Digital Communications and Website Use
Lilac Sky Studio, LLC is not responsible for technical issues, interruptions, or errors that may occur during use of the website, including transmission of viruses or malware. By using the Services, you consent to receive communications electronically and agree that such communications satisfy any legal requirement that they be in writing.
Customers agree that all photos, reviews, or content submitted to Lilac Sky Studio, LLC may be used for marketing, social media, or promotional purposes, without additional compensation. Users do not retain any ownership or royalty rights in content submitted once licensed to Lilac Sky Studio, LLC. You represent and warrant that you own the rights to any submitted content and that it does not violate third-party rights. Lilac Sky Studio, LLC reserves the right to remove any user-submitted content that violates these Terms at our sole discretion.
By submitting content, you expressly waive any claims against Lilac Sky Studio, LLC related to the use, display, or distribution of such content under this license.
VIII. Accessibility
Lilac Sky Studio, LLC is committed to ensuring that our website and Services are accessible to all users, including individuals with disabilities. While we make reasonable efforts to comply with applicable accessibility standards and implement best practices, we cannot guarantee full accessibility at all times.
Compliance with accessibility standards is made in good faith, and nothing in these Terms shall be construed as creating a legal obligation beyond that required by applicable law.
You acknowledge that temporary or inadvertent accessibility limitations may occur due to technology, human error, website updates, or other factors beyond our control.
If you encounter difficulties accessing any part of our website or Services, you are encouraged to contact us at info@lilacskystudio.com. We will make reasonable efforts to address accessibility concerns in a timely manner.
By using our website or Services, you agree that Lilac Sky Studio, LLC shall not be liable for any temporary or inadvertent accessibility limitations or related damages.
The provisions of this Section VIII regarding accessibility shall survive termination or suspension of these Terms.
IX. Prohibited Conduct
You agree not to:
- Violate any applicable law, statute, or regulation;
- Infringe the intellectual property or proprietary rights of others;
- Transmit viruses, malware, or other harmful computer code;
- Attempt to interfere with the operation or security of the Services.
- Attempt to circumvent security measures or access restricted areas, including scraping or using automated bots.
Violation of this Section may result in immediate termination of your access to the Services and may expose you to legal action. We reserve the right to report illegal conduct to law enforcement or other authorities.
X. Third-Party Services
The Services may rely on third-party platforms or service providers, including Shopify, payment processors, and shipping carriers. Lilac Sky Studio, LLC is not responsible for errors, delays, or losses caused by these third parties. Your use of third-party services is subject to their terms and conditions, and we are not responsible for disputes arising from them.
Links or integrations with third-party websites, services, or content are provided for convenience only. Lilac Sky Studio, LLC does not control and is not responsible for third-party content or practices. Use of such third-party services is entirely at your own risk.
XI. Limitation of Warranties
The Services and products are provided “as is” and “as available,” without warranties of any kind, either express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted, secure, or error-free, or compatible with any third-party software, devices, or systems. We disclaim all implied warranties to the fullest extent permitted by law.
XII. Limitation of Liability
To the maximum extent permitted by law, Lilac Sky Studio, LLC and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Services, including lost profits, loss of data, or business interruption. Any liability of Lilac Sky Studio, LLC shall be limited to the amount paid by you for the applicable product or service giving rise to the claim.
XIII. Indemnification
You agree to indemnify, defend, and hold harmless Lilac Sky Studio, LLC, its affiliates, officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorneys’ fees) arising from:
- Your use of the Services;
- Violation of these Terms;
- Violation of any rights of another party; or
- Any claim that your use of the Services caused harm to a third party.
This indemnification obligation survives termination of your use of the Services.
XIV. Force Majeure
Lilac Sky Studio, LLC shall not be liable for delays, interruptions, or failures to perform arising from events beyond our reasonable control, including natural disasters, acts of God, pandemics, government restrictions or shutdowns, technical failures, civil unrest or strikes, or other unforeseen events. During the occurrence of such events, our obligations are suspended to the extent affected, and we are not liable for indirect consequences.
XV. Termination
We may suspend or terminate your access to the Services at any time, without prior notice, for violations of these Terms or other conduct we deem harmful or inappropriate. Termination does not relieve you of obligations incurred prior to termination.
Termination may apply to specific users, orders, or accounts, with or without notice. Notwithstanding termination or suspension, all provisions of these Terms that by their nature are intended to survive—including but not limited to Sections II (Intellectual Property Rights), VI (Product Use, Allergies, and Material Disclaimers), VII (Digital Communications and Website Use), VIII (Accessibility), XI (Limitation of Warranties), XII (Limitation of Liability), XIII (Indemnification), XIV (Force Majeure), XVII (Customs, Duties, and Import Taxes), XVIII (Accuracy of Customer and Product Information), and XIX (Survival of Terms)—shall survive and remain fully enforceable.
Additionally, any other obligations, rights, disclaimers, indemnities, or limitations imposed by these Terms—including the right to remove content, disclaimers of warranties, or limitations of liability—shall survive termination and remain binding and enforceable, whether or not specifically listed.
XVI. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Nebraska, without regard to conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively in the courts of Nebraska, or, at our sole discretion, through binding arbitration conducted in Nebraska. Arbitration shall be conducted under the rules of the American Arbitration Association (AAA) or another recognized arbitration body.
International Users: By using the Services from outside the United States, you acknowledge and agree that Lilac Sky Studio, LLC makes no representation that the Services comply with the laws of your jurisdiction. You agree that all purchases and use of the Services are conducted at your own risk, and you are solely responsible for compliance with local laws. Any disputes, claims, or controversies arising from international use shall be resolved exclusively by binding arbitration in the State of Nebraska, in accordance with Nebraska law. You consent to the jurisdiction and venue of such arbitration, waive any right to participate in class, collective, or representative actions, and agree arbitration will proceed on an individual basis.
XVII. Customs, Duties, and Import Taxes
For international orders, customers are responsible for all customs duties, import taxes, or additional fees imposed by their country. Lilac Sky Studio, LLC is not responsible for such charges or for delays caused by customs. Failure to pay such fees does not constitute a valid claim for refund or cancellation.
XVIII. Accuracy of Customer and Product Information
Lilac Sky Studio, LLC is not responsible for issues arising from incorrect or incomplete customer information, including lost packages, failed deliveries, or misdirected communications. Customers are solely responsible for providing correct shipping addresses, contact information, and billing details.
While we make reasonable efforts to ensure product descriptions, colors, dimensions, and materials are accurate, natural variations in stones, metals, and other materials may occur. Customers acknowledge and accept these natural variations as part of the product. Product images may not exactly represent the actual product due to lighting, photography, or device display. We are not responsible for any consequences resulting from misrepresentation or misuse of product information.
XIX. Survival of Terms
All provisions of these Terms that by their nature should survive termination—including but not limited to intellectual property rights, disclaimers of warranties, limitations of liability, and indemnification—shall survive termination of your use of the Services. This includes any disputes, claims, or obligations arising prior to termination.
XX. Miscellaneous
Severability: If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions shall remain in full force.
Entire Agreement: These Terms, together with our Privacy Policy, Refund Policy, and Accessibility Statement, constitute the entire agreement between you and Lilac Sky Studio, LLC regarding your use of the Services.
Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of our rights.
Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
No third-party beneficiaries are intended by these Terms; rights are only between the user and Lilac Sky Studio, LLC.
Accuracy of Information: While reasonable efforts are made to ensure accuracy, we do not guarantee that product descriptions, pricing, other content are completely current or error-free. Customers accept all responsibility for verifying information prior to purchase.
XXI. Contact Information
For questions about these Terms, please contact: info@lilacskystudio.com.
