Terms of Service
TERMS OF SERVICE
This website is operated by Windsor & Darby. Throughout the site, the terms "Windsor & Darby", "windsordarby.com", “we”, “us” and “our” refer to Windsor & Darby. Windsor & Darby offers this website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 1.1 - VIP MEMBERSHIP TERMS
Windsor & Darby VIP Membership Program (the “VIP Membership Program”) is operated by Windsor & Darby. The VIP Membership Program is offered to any of our customers, here referred to as “you.” By enrolling in the VIP Program at checkout, you agree to be bound by the following Terms and Conditions (“Terms”). Please read them carefully.
We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use or enrollment in the VIP Membership Program following the posting of any changes constitutes acceptance of those changes.
By signing up for the VIP Membership Program, you represent that you are at least 18 years of age. We do not offer membership in the VIP Membership Program to anyone under the age of 18.
You acknowledge that you have read and agree to the VIP Terms and privacy policy and that you are opting into a VIP membership that qualifies you for preferred discounted prices and free standard shipping on the majority of store products. Subject to the discretion of the company. These prices are subject to change at any point in time.
Membership Charges
You will be charged $29.99 seven days after your order and then every 30 days from the order date each month. Charges will appear as "Windsor & Darby" on your statement. As a VIP member, you’ll enjoy instant access to premium, highly discounted products from your favorite brands, plus free standard shipping on all orders.
If you would like to cancel your subscription at any time please email us at membership.windsordarby@gmail.com.
VIP Memberships are Non-Refundable.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: https://windsordarby.com/pages/return-and-refund-policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and Services available via our Service may include materials from third parties. Links to third-party websites may direct you to sites not affiliated with us, and we are not responsible for evaluating the content or accuracy of such websites. We do not warrant or have any liability for third-party materials or websites, or for any other materials, products, or Services from third parties.
We are not liable for harm or damages related to purchases or use of goods, Services, content, or any other transactions made with third-party websites. Please review third-party policies and practices carefully before engaging in transactions. Direct complaints, claims, or concerns regarding third-party products to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you send us specific submissions (e.g., contest entries) or unsolicited creative ideas, suggestions, proposals, or other materials (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and use these comments in any medium. We are under no obligation to maintain confidentiality, compensate for any comments, or respond to any comments.
We reserve the right to monitor, edit, or remove content that we deem unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates intellectual property or these Terms of Service.
Your comments must not violate any third-party rights, including copyright, trademark, privacy, or proprietary rights. They must not contain unlawful or obscene material or malware that could affect the Service's operation. You are solely responsible for the accuracy of your comments.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which you can view here.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be typographical errors or inaccuracies related to product descriptions, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct any errors, update information, or cancel orders if any information on our Service or related websites is inaccurate, without prior notice (even after submitting an order).
We are not obligated to update or clarify information in the Service, except as required by law. No specified update should be interpreted as indicating that all information in the Service has been updated.
SECTION 12 - PROHIBITED USES
In addition to the prohibitions outlined in these Terms of Service, you are prohibited from using the site or its content for: (a) any unlawful purpose; (b) soliciting others to engage in unlawful acts; (c) violating any regulations or laws; (d) infringing upon our intellectual property or others'; (e) harassing, defaming, or discriminating based on race, gender, or other criteria; (f) submitting false information; (g) transmitting viruses or harmful code; (h) collecting personal information of others; (i) spamming or phishing; (j) obscene purposes; or (k) circumventing security features.
We reserve the right to terminate your use of the Service for violating any prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free. You agree that the Service and all products delivered through the Service are provided 'as is' without warranties or conditions of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, and non-infringement.
In no case shall Windsor & Darby or its affiliates be liable for any direct, indirect, incidental, punitive, or consequential damages arising from your use of the Service or any product procured through the Service. Some jurisdictions do not allow limitations of liability, so these limitations may not apply to you.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Windsor & Darby and its affiliates from any claim or demand arising from your breach of these Terms of Service or your violation of any law or rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision will still be enforceable to the fullest extent permitted by law, and the unenforceable portion will be severed. The remaining provisions will continue in effect.
SECTION 16 - TERMINATION
These Terms of Service remain effective until terminated by either you or us. You may terminate at any time by notifying us that you no longer wish to use our Services. If you violate any term of these Terms of Service, we may terminate the agreement at any time without notice, and you will remain liable for all amounts due up to the termination date.
SECTION 17 - ENTIRE AGREEMENT
These Terms, along with any policies posted by us, constitute the entire agreement between you and us, superseding prior agreements. Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms and any agreements for the provision of Services shall be governed by the laws of 123 Windsor Lane, Suite 456, New York, NY, 10001, United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update or change any part of these Terms by posting changes to our website.
SECTION 20 - CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to membership.windsordarby@gmail.com.
SECTION 22 - VIP Membership Program
The Windsor & Darby VIP Membership Program is operated by Lucca Essentials LLC. By enrolling, you agree to these Terms. You will be charged $29.99 monthly for access to discounted products, free shipping, and priority processing. To cancel, email membership.windsordarby@gmail.com.