TERMS AND CONDITIONS

Chic & Curvy Couture Boutique

Effective Date: May 21, 2025

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR PLACING AN ORDER. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION, CLASS ACTION WAIVER, AND LIMITATIONS ON LIABILITY THAT AFFECT YOUR LEGAL RIGHTS.

1. Introduction and Acceptance

1.1 These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Customer," "User," or "you") and Chic & Curvy Couture Boutique ("Company," "we," "us," or "our") governing your access to and use of the website located at chiccurvyboutique.com (the "Site") and any related services, content, products, or features offered by the Company (collectively, the "Services").

1.2 By accessing the Site, browsing the Site, creating an account, or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Shipping Policy, Return Policy, and Exchange Policy, each of which is incorporated by reference.

1.3 If you do not agree to these Terms, you must not access or use the Site or the Services.

1.4 Our Site is hosted on Shopify Inc., which provides the e-commerce platform that enables us to sell our products to you.

2. Eligibility

2.1 By using the Site, you represent and warrant that you are at least eighteen (18) years of age, or the age of majority in your state or jurisdiction of residence, whichever is greater.

2.2 If you are under the age of majority, you may use the Site only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

2.3 You may not use the Site or Services for any illegal, fraudulent, or unauthorized purpose, and you may not violate any laws in your jurisdiction in connection with your use of the Site.

3. Account Registration

3.1 Certain features of the Site may require you to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as needed.

3.2 You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

3.3 We reserve the right to suspend or terminate any account at our sole discretion, with or without notice, for any reason, including violation of these Terms.

4. Products, Pricing, and Availability

4.1 All products are offered subject to availability. We do not guarantee that any product will be in stock at any given time.

4.2 We have made every effort to display the colors, images, and descriptions of our products accurately. However, we do not warrant that product descriptions, images, colors, or other content on the Site are accurate, complete, reliable, current, or error-free. Variation in color displays across devices is normal and not a defect.

4.3 All prices are listed in United States Dollars (USD) and are subject to change at any time without notice. The price applicable to your order will be the price in effect at the time the order is submitted.

4.4 We reserve the right to limit the quantities of any product sold, to refuse or cancel any order, and to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, or for fraudulent purposes.

4.5 We reserve the right to correct any pricing errors, typographical errors, or other inaccuracies, including after an order has been submitted. In the event of a material pricing error, we may cancel the order and issue a refund to the original payment method.

5. Orders and Payment

5.1 Your submission of an order constitutes an offer to purchase. We reserve the right to accept or decline any order at our sole discretion. A binding contract is formed only upon our acceptance and dispatch of the order.

5.2 Accepted forms of payment include Visa, MasterCard, American Express, Discover, PayPal, and approved third-party installment payment providers (such as Sezzle, Afterpay, Klarna, and Affirm), subject to availability.

5.3 By providing payment information, you represent and warrant that you are authorized to use the payment method and that the information you provide is accurate.

5.4 All credit and debit card transactions are processed through secure third-party payment gateways. We do not store full payment card information on our servers.

5.5 If your payment is declined, reversed, or charged back, we reserve the right to suspend or cancel your order and pursue any remedies available under law.

6. Shipping, Returns, and Exchanges

Shipping, returns, and exchanges are governed by our separate Shipping Policy, Return Policy, and Exchange Policy, each of which is incorporated into these Terms by reference. By placing an order, you agree to be bound by those policies.

7. Intellectual Property

7.1 All content on the Site, including but not limited to text, graphics, logos, product images, photographs, videos, audio clips, designs, software, and the selection and arrangement thereof (collectively, "Site Content"), is the property of Chic & Curvy Couture Boutique or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

7.2 You may not reproduce, duplicate, copy, sell, resell, distribute, publicly display, modify, or create derivative works of any Site Content without our express prior written permission.

7.3 The name "Chic & Curvy Couture Boutique," associated logos, and all related product and service names are trademarks of the Company. You may not use these trademarks without our prior written consent.

8. User Conduct and Prohibited Uses

8.1 You agree not to use the Site or Services to:

• Engage in any unlawful, fraudulent, or harmful activity.

• Violate the intellectual property rights or privacy rights of any third party.

• Harass, threaten, defame, or discriminate against any person or group.

• Submit false, misleading, or deceptive information.

• Transmit viruses, malware, or any other malicious code.

• Engage in unauthorized scraping, crawling, data mining, or automated collection of data from the Site.

• Interfere with, disrupt, or circumvent the security features of the Site.

• Use the Site for any commercial purpose without our prior written consent.

• Impersonate any person or entity or misrepresent your affiliation with any person or entity.

8.2 Violation of this Section 8 may result in immediate termination of your access to the Site and may subject you to civil and criminal liability.

9. User Submissions and Feedback

9.1 If you submit reviews, comments, suggestions, ideas, photographs, or other content to us or through the Site (collectively, "User Submissions"), you grant Chic & Curvy Couture Boutique a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Submissions in any media and for any purpose, including commercial purposes.

9.2 You represent and warrant that you own or have the necessary rights to submit the User Submissions and that such submissions do not violate the rights of any third party.

9.3 We are under no obligation to maintain User Submissions in confidence, to pay compensation for them, or to respond to them. We reserve the right, but not the obligation, to monitor, edit, or remove any User Submissions at our sole discretion.

10. Third-Party Links and Services

10.1 The Site may contain links to third-party websites, applications, or services that are not owned or controlled by Chic & Curvy Couture Boutique.

10.2 We do not endorse, control, or assume responsibility for any third-party content, products, services, or websites. Your interactions with third parties are solely between you and the third party.

10.3 We strongly recommend that you review the terms and privacy policies of any third-party services before engaging with them.

11. Disclaimer of Warranties

11.1 THE SITE, SITE CONTENT, AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

11.2 TO THE FULLEST EXTENT PERMITTED BY LAW, CHIC & CURVY COUTURE BOUTIQUE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

11.3 We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that any defects will be corrected.

12. Limitation of Liability

12.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CHIC & CURVY COUTURE BOUTIQUE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE SERVICES, OR ANY PRODUCTS PURCHASED THROUGH THE SITE.

12.2 IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (\$100.00).

12.3 Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent such limitations are not enforceable in your jurisdiction, our liability shall be limited to the maximum extent permitted by applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Chic & Curvy Couture Boutique and its directors, officers, employees, agents, affiliates, suppliers, and licensors from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site or Services; (b) your breach of these Terms; (c) your violation of any law or third-party right; or (d) any User Submissions you provide.

14. Dispute Resolution and Binding Arbitration

14.1 Informal Resolution. Before initiating any formal dispute, the parties agree to attempt to resolve the dispute informally by contacting Customer Service at customerservice@chiccurvyboutique.com. The parties agree to negotiate in good faith for at least thirty (30) days before pursuing further action.

14.2 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services that cannot be resolved informally shall be resolved through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in Philadelphia, Pennsylvania, in the English language, by a single arbitrator.

14.3 Class Action Waiver. YOU AND CHIC & CURVY COUTURE BOUTIQUE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

14.4 Exceptions. Notwithstanding the foregoing, either party may bring an individual action in small claims court, and either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent the infringement or misappropriation of intellectual property rights.

14.5 Opt-Out. You may opt out of the arbitration provision by sending written notice to customerservice@chiccurvyboutique.com within thirty (30) days of first accepting these Terms. The notice must include your full name, address, and a clear statement that you wish to opt out of arbitration.

15. Governing Law and Venue

15.1 These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles.

15.2 Subject to the arbitration provision in Section 14, any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Philadelphia County, Pennsylvania, and each party irrevocably consents to the personal jurisdiction and venue of such courts.

16. Termination

16.1 These Terms remain in effect until terminated by either you or us.

16.2 You may terminate these Terms at any time by ceasing all use of the Site and Services.

16.3 We may suspend or terminate your access to the Site or Services at any time, with or without notice, for any reason, including violation of these Terms.

16.4 All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, limitations of liability, indemnification, and dispute resolution provisions.

17. Modifications to These Terms

17.1 We reserve the right to modify, amend, or replace these Terms at any time at our sole discretion. The most current version will be posted on the Site with a revised "Effective Date."

17.2 Your continued use of the Site or Services after any modification constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site and Services.

18. Force Majeure

We shall not be liable for any failure or delay in performance caused by events outside our reasonable control, including but not limited to acts of God, severe weather, natural disasters, pandemics, epidemics, governmental action, labor disputes, carrier service disruptions, supply chain interruptions, fire, flood, war, terrorism, or civil unrest.

19. Sever Ability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.

20. Waiver

No waiver of any provision of these Terms shall be effective unless made in writing and signed by Chic & Curvy Couture Boutique. The failure of either party to enforce any right or provision shall not constitute a waiver of such right or provision.

21. Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

22. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, Return Policy, Exchange Policy, and any other policies or notices posted on the Site, constitute the entire agreement between you and Chic & Curvy Couture Boutique regarding your use of the Site and Services, and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

23. Contact Information

Questions regarding these Terms should be directed to:

Chic & Curvy Couture Boutique

Email: sales@chiccurvyboutique.com

Customer Service: Support@chiccurvyboutique.com

Phone: 800-783-7058