Terms of Sale

Effective Date: 13th May 2023

Welcome to www.thestyledmagnolia.com. These Terms of Sale (“Terms”) are a legal agreement between you and The Styled Magnolia LLC (“TSM,” “we,” “us,” or “our”) that governs your access to and use of www.thestyledmagnolia.com and all subdomains thereof (the “Site”), including the product ordering process and all related webpages, downloadable materials, information, photos, and other materials, documentation, blog posts, or content that appears on the Site (“Content”). References to “you” or “your” mean anyone who visits the Site, makes a purchase on the Site, accesses or downloads Content, or registers for an Account. Your access to and use of the Site, Content, or your Account is conditioned upon your acceptance of these Terms and our https://www.thestyledmagnolia.com/privacy-policy, which is incorporated into these Terms by this reference. Please read these Terms and our Privacy Policy carefully before accessing or using the Site. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE OR CONTENT, MAKE A PURCHASE, REGISTER FOR AN ACCOUNT, OR CLICK TO INDICATE THAT YOU AGREE TO THESE TERMS. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER; PLEASE REVIEW SECTION LOWER ON THIS PAGE.

The updated Terms are binding on you as of the Effective Date indicated at the top of these Terms. If you do not agree to updated Terms, you should stop using the Site before the Effective Date. Your continued use of the Site after the Effective Date will constitute your acceptance of the updated Terms. https://www.thestyledmagnolia.com/terms-of-sale. Changes to these Terms. We reserve the right to prospectively change these Terms at any time, in our sole discretion. You should periodically review these Terms for changes and you can review the most current Terms at any time at.
Permitted Use. You may make and sell final handmade products made from TSM purchased products under the following conditions:
- Patterns. It is expressly prohibited to duplicate or share any digital files sold by TSM. You may use purchased patterns to personally handmake and sell finished products in limited quantity as long as you credit TSM as the pattern designer. MASS PRODUCTION OF PATTERNS AND FINAL PRODUCTS MADE FROM THE PATTERN IS PROHIBITED.
- Fabric Designs/Artwork. You may not download, copy, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense, reverse-engineer, or otherwise use TSM Fabric Designs/Artwork without express written permission from TSM. You may not remove any proprietary watermarks or notices on the Site or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Site or Content. You further agree not to interfere with the proper functioning of the Site and not to use the Content in a way that suggests you are a representative of TSM. Any scraping, automated access, or other unauthorized access to and storage of Content is prohibited. You may not use the Site or Content for any illegal purpose. Use of the Content for any purpose other than what is described in this Section is prohibited.
Preorders. Pre-order fabric is NOT in stock. Turn around time is roughly 8 to 10 weeks from order submit date to ship to us, and up to 2 weeks to cut, pack, and ship to customers. Often this turn around is much shorter because we ship order to customers once everything in the order is accounted for, however please note that this is only an estimate and can take longer due to things beyond our control (i.e. customs delays, holidays, reprinting). We highly suggest to not make arrangements or promise deadlines to your customers outside of these time frames stated as we do not work around promised dates. If you are uncomfortable with the time frame provided, please do not preorder. We will not issue refunds for orders "taking too long", yet within our turn around time.
Fabric Flaw Policy. All minimum widths of our fabrics are specified on the Fabric Contents page of our website and within each individual listing. Selvage width (unprinted white space) can be a total of 2 to 6 inches and we do not guarantee printing on the full width of the fabric. Yardage is cut to ensure you have at least a full 36 inches of useable fabric per yard before washing and drying. Flaws NOT covered:
- With Digital Reactive Ink printing, there may be occasionally flaws throughout the fabric. Especially with custom printed or dyed fabrics this is not unusual, especially to have flaws close to the selvage, tiny speckles throughout the design, heathering in some colors, or extra ink absorption. Flaws smaller than a quarter and/or within 6 inches of the selvage are not considered flaws.
- Uneven selvages. Fabric is always cut straight at the top and bottom with the pattern of the fabric ensuring you get a full cut of even printed fabric. Depending on how it was rolled on the bolt and stretched, it may not always line up on the sides perfectly, its knit and stretchy.
- Marker marks at end of cut by printer and general printing marks on the backside of fabric. If it does not interfere or damage the front of the printed side of the fabric it is not covered.
- Color variations between bases. Variations are normal due to different printing processes. Slight color variations from the strike-offs to the bulk round order are not uncommon. Also, please be aware that slight fading of fabrics after washing is not a flaw.
- All fabric is prewashed by the printer; since we can not control your fabric washing and care routines discounts will not be issued for shrinkage.
Refunds. Flaws covered in the FABRIC FLAW POLICY will be issued as a refunds, shop credit, or an exchange (when replacement fabric is available). Buyer must contact TSM via the website within 7 DAYS from the date tracking shows the package was delivered. Washed and cut fabric invalidates your claim to any compensation. Refunds for pre-order fabric will not be given for buyer’s remorse, not reading the all terms on the Terms of Sale page, or for orders taking too long.
Privacy. TSM respects and is committed to protecting your privacy. When you visit the Site, you authorize TSM to automatically collect information about you and your use of the Site and to use, transmit, process, and store this information in accordance with our Privacy Policy. Please review our Privacy Policy prior to using the Site.
Third Party Websites and Links. The Site may contain links or references to third party websites (“Linked Sites”) that we think may be of interest to you. TSM does not endorse or sponsor any Linked Sites or the information, products, or services contained on any Linked Sites, and we have no control over Linked Sites or their content. Linked Sites are governed by their own terms of use and privacy policies.
Account Registration. You may register for an account on the Site (“Account”) in order to access certain features. Creating an Account may enable you to move through the checkout process more quickly, store multiple shipping addresses, view and track your orders, create and maintain a “wishlist” of products, and save products to a list of “favorites.” If you register for an Account, you must provide TSM with your current, complete, and accurate information, including your first and last name, email address, and a password selected by you. Your login and password may only be used by you and you are responsible for keeping your user password confidential. Children under the age of 16 are prohibited from using the Site or registering for an Account. You are responsible for all activity that occurs under your Account and you agree that TSM may attribute all use of your Account to you. Please notify us immediately if you suspect any unauthorized use of your Account or any other breach of security.
Product Prices and Availability. Cancellation. Current prices for products and services are described on the Site. TSM may change pricing at any time and in its sole discretion. The amount of any sales, use, or other taxes however designated, levied or based on such prices shall be added to the prices shown. Promotions and/or discounts may be offered from time to time on the Site and may be subject to additional terms, limitations, and restrictions. In order to take advantage of such promotions and/or discounts, you agree to comply with any terms, conditions, limitations, or rules presented to you as a condition of participation in any such promotional offer. TSM reserves the right to change or discontinue any product or service at any time and without notice. TSM further reserves the right, in its sole discretion, to cancel any order, limit any purchase, or refuse to fulfill an order for any or no reason. If your order will be cancelled, limited, or delayed, TSM will contact you.
DMCA POLICY REPORTING
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

CLAIMS OF COPYRIGHT INFRINGEMENT
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  
  Send all DMCA notices here. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Shipping. The Styled Magnolia, LLC takes full responsibility of ensuring your package is delivered to you. Should a package be lost and not be shown as delivered, it is the customers responsibility to reach out to TSM and let us know. We will file a claim with USPS (https://www.usps.com/help/claims.htm) or any other shipping carrier so they can make the official determination of the status of the package. We just ask that customers be patient with us and allow them the time to do their research and confirm the package is indeed lost. We will keep you posted on the status as updates are provided to us. Once the claim is closed as Lost, we will issue a 100% refund for your order. If you wish to reorder your fabric, we will issue you a new invoice and the order will be submitted with the next order submission. NOTE: YOU MUST NOTIFY US BEFORE 60 DAYS OF WHEN THE ORDER WAS SHIPPED OR USPS HAS THE RIGHT TO DENY ANY REFUNDS OR CLAIMS. TSM will ship products to customers overseas. Tariffs and taxes may be imposed for international customers which are not implemented by ,TSM and beyond our control. Additional fees may be collected at the time of delivery to pay for government taxes and tariffs and are the responsibility of the buyer.
Payments. You may make payment using any of the following payment methods: Visa, MasterCard, American Express, Discover, and PayPal. All credit card details are encrypted when entered and stored by our third party payment processor, Wix Payment. TSM does not access or store your credit card information and we do not manually accept credit cards for security reasons. If you make a payment using PayPal, you will be connected to the PayPal website during checkout. PayPal is a third party and TSM is not responsible for the terms of use, privacy practices, or the content of any external site. You should review PayPal’s terms of use and privacy policy prior to submitting your payment information. For more information about our use of third party service providers, please review our Privacy Policy.
Contests, Sweepstakes, and other Promotions. TSM may, from time to time and in its sole discretion, offer promotions, contests, sweepstakes, surveys, or games through the Site, our newsletter, or through any other communication from TSM (each, a “Promotion”). In addition to these Terms, your participation in any such Promotion may be conditioned upon additional or different terms and conditions and you should be sure to review any additional terms that accompany any such Promotions. To the extent the terms or rules of a Promotion conflict with these Terms, the terms accompanying the Promotion will control.
Customer Service. To reach our customer service department, please visit the ”Contact Us” or “FAQ” sections of the Site and submit questions to us using the online forms provided on the Site.
Site Availability and Support. You may access the Site if and when it is available. TSM does not guarantee availability of the Site or Content and TSM reserves the right to make changes to the Site and Content at anytime and without notice. The Site may occasionally be down for service, upgrades, maintenance, or for other reasons. To the maximum extent authorized under applicable law, TSM reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Site at any time and without notice. TSM has no obligation to provide any support in relation to the Site, Content, User Content, or your Account.
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, INCLUDING ALL TEXT, GRAPHICS, LOGOS, AUDIO AND VIDEO CLIPS, PHOTOGRAPHS, AND OTHER CONTENT IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE, REMAINS WITH YOU. EC DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE. IN PARTICULAR, TSM MAKES NO WARRANTY THAT THE SITE, CONTENT, OR PRODUCTS: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, COMPLETE, OR RELIABLE, OR (D) WILL BE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. NOR DOES TSM WARRANT THAT ANY DEFECTS OR ERRORS ON THE SITE OR CONTENT WILL BE CORRECTED. TSM DOES NOT ASSUME ANY LIABILITY RELATING TO DELAYS OR INTERRUPTIONS ATTRIBUTABLE TO THIRD PARTY FAILURES BEYOND ITS CONTROL. THE SITE AND ALL CONTENT YOU DOWNLOAD, UPLOAD, OR OBTAIN FROM THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM.
DISCLAIMER OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TSM BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; WRONGFUL DEATH; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SITE, CONTENT, OR YOUR ACCOUNT, EVEN IF TSM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TSM SHALL IN NO EVENT BE LIABLE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND RESULTING FROM ANY OF ITS EMPLOYEES, REPRESENTATIVES OR SALES PERSONS RENDERING TECHNICAL OR OTHER ADVICE OR REPRESENTATIONS IN CONNECTION WITH THE PERFORMANCE OF ANY COMPUTER HARDWARE, COMPUTER SOFTWARE, COMPUTER PRINTERS, MEDIA USED BY THOSE PRINTERS, OR ANY COMBINATIONS THEREOF UNLESS IT IS SPECIFICALLY CONTAINED IN THIS AGREEMENT.
LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIONS 16 OR 17, TSM’S MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR THE SITE WILL BE LIMITED TO THE ACTUAL PRICE PAID FOR PRODUCTS PURCHASED FROM US, WITHOUT INTEREST. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OR THE SITE WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
Independent Remedies. The exclusion of damages under Section 16 is independent of your exclusive remedy in Section 17 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 16, 17, and 18 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
NOTICE ON POTENTIAL LIMITS OF SECTIONS 16, 17, and 18. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES (INCLUDING INCIDENTAL OR CONSEQUENTIAL), LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN SECTIONS 16, 17, OR 18 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU RESIDE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Indemnification. You hereby agree to defend, indemnify, and hold TSM, its directors, officers, managers, members, affiliates, contractors, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any third party claims or demands, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) your use of the Site and activities occurring under your Account; (b) your use of any product purchased from TSM; (c) our use of your User Content; (d) any violation by you of these Terms; or (e) your violation of any other party’s rights or applicable law.
Notices. TSM may give you all required notices (including legal process) by any lawful method, including by posting notices on the Site or by sending notice to any email address you provide to TSM. You agree to send TSM notices by contacting us using the online forms provided on the “support” and “frequently asked questions” sections of the Site.
Reservation of Rights; Copyright and Trademark Notice. TSM and its affiliates, licensors, and suppliers own the title, copyright, and other intellectual property rights in the Site and Content, including all text, photographs, videos, images, graphics, logos, button icons, downloads, templates, product photos, and linked documentation. TSM’s rights are protected by United States and international copyright laws and other intellectual property laws and treaty provisions.
GOVERNING LAW AND EXCLUSIVE JURISDICTION; ARBITRATION. These Terms are governed by and construed in accordance with the laws of the State of Texas, without reference to its conflict of laws provisions. You expressly agree that exclusive jurisdiction and venue for any dispute relating to or arising from these Terms, the Site, or the Content will reside in the State and Federal Courts located in Harris County, Texas. YOU AND TSM EACH AGREE THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, THE CONTENT, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND TSM, WILL BE RESOLVED IN HARRIS COUNTY, TEXAS BY BINDING ARBITRATION BY A SINGLE NEUTRAL ARBITRATOR OR, IF THE CLAIM QUALIFIES, IN SMALL CLAIMS COURT. YOU AND TSM EACH ALSO AGREE THAT THESE TERMS AFFECT INTERSTATE COMMERCE SO THE FEDERAL ARBITRATION ACT APPLIES, INCLUDING WITH RESPECT TO ANY QUESTION OF WHETHER A CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION (DESPITE THE CHOICE OF GOVERNING LAW IN THIS SECTION). YOU AND TSM EACH AGREE TO ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND THAT YOU WILL NOT PURSUE ARBITRATION IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS, REGARDLESS OF THE APPLICATION OF PROCEDURAL RULES BY ANY ARBITRATOR. IF ANY COURT OR ARBITRATOR HOLDS THAT THE CLASS ACTION WAIVER IS UNENFORCEABLE, THEN THE DISPUTE MUST BE BROUGHT IN A STATE OR FEDERAL COURT IN HARRIS COUNTY, TEXAS. YOU AND TSM EACH ALSO AGREE THAT FOR ARBITRATED CLAIMS THE ARBITRATOR’S AWARD WILL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. To begin arbitration you must send a letter requesting arbitration and describing your claim to our mailing address on the Site. TSM will attempt to notify you in writing of any dispute if TSM has your email or mailing address. If TSM does not have your address, TSM will post a notice at the Site. The American Arbitration Association (AAA) will arbitrate all disputes and the AAA's Supplementary Procedures for Consumer-Related Disputes will apply. You and TSM each are responsible for your own respective costs relating to the arbitration, and will split the cost of arbitration administrative or filing fees, including the arbitrator fees in half. An arbitrator may award on an individual basis any relief authorized by law, including injunctive or declaratory relief and attorneys' fees.
Force Majeure. TSM will not be required to perform any obligations under these Terms or be liable for any failure to perform if nonperformance is caused by any Act of God, war, civil disturbance, strike, work stoppage, transportation, unavailability of equipment, contingencies, power failures, laws, regulations, ordinances, acts or orders of any governmental agency or official thereof, or any cause not within the control of TSM.
Termination. TSM may, in its sole discretion, terminate this Agreement, your Account, or your use of the Site, and remove and/or discard any User Content you have provided to us with or without cause and with or without notice. All Sections of these Terms will survive termination.
General. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and TSM intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and TSM agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. TSM may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in the Site. These Terms will be binding upon all of TSM’s successors and assigns. TSM’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on TSM if it is in writing and signed by TSM. These Terms (including any incorporated terms) constitute the entire agreement between you and TSM with respect to your use of the Site. Both you and TSM warrant to each other that, in entering these Terms, neither TSM nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and TSM, or TSM’s successors and permitted assigns, will have any right to enforce any of these Terms.
Contact Information. If you have questions, comments, or concerns regarding the Site or these Terms, please contact us using the online forms provided on the “support” and “frequently asked questions” sections of the Site.