Terms of service
SECTION 1 — ACCESS AND ACCOUNT
By using our Services, you represent that you are at least the age of majority in your state or jurisdiction of residence.
When using our Services or making a purchase, you may be required to provide information including your name, email address, billing information, payment information, and shipping address.
You agree that all information you provide is accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials and for activity conducted through your account.
SECTION 2 — OUR PRODUCTS
We make reasonable efforts to display and describe our products accurately, including their colors, dimensions, materials, features, and appearance.
However, colors may appear differently depending on your device, screen settings, lighting, or display configuration. Minor variations in color or appearance may therefore occur.
Product photographs are intended to provide an accurate representation of the merchandise but are for illustrative purposes and may not perfectly reproduce every color or detail.
Nothing in this section limits any rights you may have under applicable law if an item materially differs from its description.
Products sold through StayMark may be manufactured, designed, or branded by third parties. Unless expressly stated otherwise, StayMark acts as the retailer of those products and does not claim ownership of third-party trademarks or product brands.
We reserve the right to modify product descriptions, discontinue products, limit quantities, or restrict sales of a product to a particular person or geographic region where permitted by law.
SECTION 3 — ORDERS AND FINAL SALE POLICY
When you place an order through StayMark, you are making an offer to purchase the selected merchandise.
We reserve the right to accept, decline, limit, or cancel an order when reasonably necessary, including in cases involving suspected fraud, pricing errors, inventory issues, payment problems, or unauthorized resale.
Your order is not considered accepted until payment has been successfully processed and the order has been confirmed.
Please carefully review your order, including product, color, quantity, and shipping information, before completing checkout.
Final Sale
Unless otherwise expressly stated, all sales are final.
We do not accept returns or exchanges because of change of mind, personal preference, color preference, style preference, or other non-defect-related reasons.
Exceptions may apply when:
- An item arrives with a manufacturing defect;
- An item arrives damaged; or
- You receive an incorrect item.
Any approved claim, return, replacement, or refund will be handled according to our Return & Refund Policy.
Items must remain unused, unworn, and in their original condition with all applicable tags, security seals, and original packaging intact in order to qualify for an approved defect or damage claim.
Please review our Return & Refund Policy before completing your purchase.
SECTION 4 — PRICES, PAYMENTS AND TAXES
Product prices, promotions, and discounts may change without notice.
The price charged will be the price displayed at checkout at the time your order is placed, except in the case of an obvious pricing or technical error.
Applicable sales taxes and shipping charges will be calculated and displayed at checkout where required.
You agree to provide current, complete, and accurate billing and payment information.
By submitting payment information, you represent that you are authorized to use the selected payment method.
We reserve the right to cancel an order and issue a refund if a pricing, inventory, payment, or technical error prevents us from fulfilling the order.
SECTION 5 — SHIPPING AND DELIVERY
Processing times, available shipping methods, estimated delivery times, shipping charges, and other shipping information are described in our Shipping Policy.
Delivery dates provided by StayMark or a shipping carrier are estimates unless expressly stated otherwise.
Carrier delays, weather conditions, service disruptions, natural disasters, customs delays, or other events outside our reasonable control may affect delivery times.
If we are unable to ship an order within the timeframe promised or otherwise required by applicable law, we will provide any notice, cancellation option, or refund required by law.
Customers are responsible for providing a complete and accurate shipping address at checkout.
If an order is returned because of an incorrect or incomplete address supplied by the customer, additional shipping charges may apply before the order is shipped again.
If your tracking information indicates that your package was delivered but you cannot locate it, please contact us promptly so we can assist you with the appropriate carrier investigation.
Risk of loss and responsibility for merchandise will be determined in accordance with applicable law.
SECTION 6 — INTELLECTUAL PROPERTY AND THIRD-PARTY BRANDS
The StayMark website, including its original text, graphics, layout, photographs owned or licensed by StayMark, logos, branding, and other original content, is protected by applicable intellectual property laws.
You may use our Services only for personal and non-commercial purposes.
You may not reproduce, distribute, modify, republish, sell, exploit, or commercially use protected StayMark content without prior written authorization.
Certain products, product names, trademarks, logos, photographs, and other materials displayed through our Services may belong to third-party manufacturers, designers, brands, licensors, or other rights holders.
All third-party trademarks, product names, logos, and brands remain the property of their respective owners.
The sale or display of third-party branded merchandise by StayMark does not transfer ownership of those intellectual property rights to StayMark or to the customer.
Shopify's name, trademarks, logos, and related intellectual property belong to Shopify and its respective affiliates.
SECTION 7 — OPTIONAL TOOLS
We may provide access to tools or services offered by third parties.
We do not control these third-party tools and provide access to them on an “as available” basis.
Your use of any optional third-party tool is at your own discretion and may also be subject to the third party's own terms and policies.
SECTION 8 — THIRD-PARTY LINKS
Our Services may contain links to websites or services operated by third parties.
StayMark is not responsible for the content, accuracy, availability, privacy practices, products, or services provided by third-party websites.
If you access or purchase from a third-party website, you do so subject to that third party's own terms and policies.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
StayMark is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases you make in our Store are made directly with StayMark.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and StayMark, including any injury, damage, or loss resulting from purchased products and services.
You hereby expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with StayMark, to the extent permitted by applicable law.
SECTION 10 — PRIVACY
Personal information collected through our Services is handled according to our Privacy Policy.
Because our store is hosted by Shopify, certain information may also be collected and processed by Shopify in connection with providing its services.
Information may also be shared with payment processors, shipping providers, service providers, and other parties as described in our Privacy Policy.
Please review our Privacy Policy for additional information.
SECTION 11 — REVIEWS AND FEEDBACK
If you voluntarily submit reviews, photographs, comments, ideas, suggestions, or other feedback (“Feedback”), you represent that you have the right to provide that content.
You grant StayMark a non-exclusive, worldwide, royalty-free right to use, reproduce, publish, display, and share Feedback for purposes related to operating, improving, and promoting our business and Services, subject to applicable law.
Feedback must not violate another person's intellectual property, privacy, publicity, or other legal rights.
We reserve the right to remove content that is unlawful, fraudulent, abusive, obscene, defamatory, misleading, or otherwise inappropriate.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Our website may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping charges, or delivery estimates.
We reserve the right to correct these errors and update information at any time.
If an error materially affects an order that has already been submitted, we may contact you to provide corrected information or cancel the affected order and issue an appropriate refund.
SECTION 13 — PROHIBITED USES
You may use the Services only for lawful purposes.
You may not use the Services to:
- Violate any applicable law or regulation;
- Infringe intellectual property or other rights;
- Provide fraudulent or misleading information;
- Introduce malicious software, viruses, or harmful code;
- Attempt unauthorized access to the Services;
- Collect personal information about others without authorization;
- Spam, phish, scrape, or otherwise misuse the Services;
- Interfere with the security or operation of the website; or
- Use the Services in a way intended to harm StayMark, Shopify, our customers, or another person.
We reserve the right to restrict or terminate access where we reasonably believe these Terms have been violated.
SECTION 14 — AUTOMATED AGENTS
Automated software, bots, agents, scraping systems, or similar technologies may not access or interact with our Services in a manner that circumvents security measures, access restrictions, CAPTCHAs, or other technical controls.
Automated systems must not misrepresent themselves as human users or attempt unauthorized access to the Services.
We may restrict or block automated access when reasonably necessary to protect our Services, customers, or systems.
SECTION 15 — TERMINATION
We may suspend or terminate access to the Services if you violate these Terms, misuse the Services, engage in suspected fraud, or create security or legal risks.
Any obligations or liabilities incurred before termination will remain enforceable.
Sections that by their nature should survive termination, including Intellectual Property, Limitation of Liability, Indemnification, Governing Law, and other applicable provisions, will continue to apply.
SECTION 16 — DISCLAIMER OF WARRANTIES
Nothing in these Terms limits any warranty, remedy, or consumer right that cannot legally be excluded.
Except for rights expressly provided by applicable law or in our published policies, the Services are provided on an “as is” and “as available” basis.
We do not guarantee that our website will always operate without interruption, delays, technical errors, or security issues.
To the fullest extent permitted by applicable law, we disclaim warranties not expressly stated in these Terms or our policies, including implied warranties where they may lawfully be disclaimed.
SECTION 17 — LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, StayMark and its service providers, affiliates, contractors, employees, agents, licensors, and partners will not be liable for indirect, incidental, special, punitive, or consequential damages arising from the use of our Services.
This limitation does not apply where applicable law prohibits such a limitation.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
SECTION 18 — INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless StayMark, Shopify, and their respective affiliates, officers, employees, agents, service providers, and licensors from third-party claims arising from your unlawful use of the Services, your violation of these Terms, or your violation of another person's rights.
SECTION 19 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.
The remaining provisions will continue in full force and effect.
SECTION 20 — WAIVER AND ENTIRE AGREEMENT
Failure by StayMark to enforce a provision of these Terms does not constitute a waiver of that provision.
These Terms, together with our Privacy Policy, Return & Refund Policy, Shipping Policy, and other policies referenced herein, constitute the agreement governing your use of the Services.
SECTION 21 — ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent.
StayMark may assign or transfer its rights and obligations in connection with a sale, transfer, restructuring, or other lawful change involving the business, subject to applicable law.
SECTION 22 — GOVERNING LAW
These Terms and transactions with StayMark are governed by the laws of the State of North Carolina, without regard to conflict-of-law principles, except where applicable consumer protection law provides otherwise.
To the extent permitted by applicable law, disputes arising from these Terms or the Services will be subject to the jurisdiction of the appropriate state or federal courts located in or serving Mecklenburg County, North Carolina.
Nothing in this section limits any non-waivable consumer rights or remedies available under applicable law.
SECTION 23 — HEADINGS
Section headings are provided for convenience only and do not affect the interpretation of these Terms.
SECTION 24 — CHANGES TO THESE TERMS
We may update these Terms periodically to reflect changes to our business, Services, policies, or applicable legal requirements.
The current version of these Terms will be posted on this page together with the date of the most recent update.
Where required by law, we will provide notice of material changes.
Your continued use of the Services after an update becomes effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.
SECTION 25 — CONTACT INFORMATION
Questions regarding these Terms of Service may be sent to:
StayMark
Legal operator: Stacy Avila, doing business as StayMark
Email: savila@staymarkstore.com
Phone: 704-582-2306
Business address:
Website: www.staymarkstore.com