Terms of Service

Melinda Sue LLC

Physical Address: 544 Chaney Grove Rd, Timmonsville, SC 29161

Customer Service Email: service@melindasuellc.com

Effective Date: [Insert Date]

These Terms of Service (the “Terms”) govern your access to and use of our official website (the “Website”), as well as your purchase of jewelry, accessories, and wholesale prepack products (collectively, the “Products”) from Melinda Sue LLC (hereinafter referred to as “we”, “us”, “our”). By accessing, browsing, using the Website, or placing an order for any Products, you (hereinafter referred to as “you”, “your”) acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, Return & Refund Policy, and all other posted policies on the Website (all incorporated herein by reference). If you do not agree to these Terms, you are prohibited from using the Website and purchasing our Products.

1. Eligibility

To access and use the Website, and to purchase our Products (including wholesale prepacks), you must:

Be at least 18 years of age (or the age of majority in your jurisdiction, whichever is older);
Possess the legal capacity to enter into a binding contract;
Provide accurate, complete, and current information when using the Website, creating an account, or placing an order;
Comply with all applicable local, state, federal, and international laws and regulations.

By using the Website or purchasing Products, you represent and warrant that you meet all the above eligibility requirements. For wholesale purchases, you further warrant that you are purchasing for commercial business purposes and meet any additional wholesale account requirements outlined on the Website.

2. Website Use

2.1 Permitted Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for the purpose of browsing our Products, learning about our services, placing personal or wholesale orders, and managing your account (if applicable). You may only use the Website in accordance with these Terms and all applicable laws.

2.2 Prohibited Conduct

You agree not to engage in any of the following prohibited acts when using the Website:

Using the Website for any illegal, fraudulent, or harmful purpose, or to violate the intellectual property or other rights of third parties;
Attempting to hack, access, modify, or damage our Website, servers, databases, or software through unauthorized technical means;
Scraping, crawling, or using automated bots/tools to extract content, data, or product information from the Website without our prior written consent;
Uploading, posting, or transmitting any defamatory, obscene, threatening, or infringing content on the Website;
Impersonating Melinda Sue LLC, our employees, wholesale partners, or any third party;
Collecting or harvesting personal information of other Website users without their explicit consent;
Interfering with the normal operation of the Website, or disrupting other users’ access to the Website;
Reproducing, distributing, or modifying any intellectual property (including product images, descriptions, and branding) from the Website without our prior written permission;
Using the Website to resell our Products in violation of our wholesale terms or for unauthorized commercial solicitation.

We reserve the right to suspend or terminate your access to the Website immediately, without notice, if you engage in any prohibited conduct.

3. Product Orders & Purchases

3.1 Product Descriptions

We strive to provide accurate, up-to-date descriptions, images, pricing, and SKU information for all Products on the Website. However, we do not warrant that Product images, colors, sizes, or descriptions are error-free, complete, or exact—jewelry colors and finishes may vary slightly due to device display differences, lighting, and minor manufacturing variations. All Product weights, dimensions, and materials are provided for reference only. Wholesale prepack details (including piece counts and product assortments) are subject to minor variations unless explicitly stated as fixed on the product listing.

3.2 Order Placement & Acceptance

When you place an order on the Website (personal or wholesale), you submit a binding offer to purchase the selected Products at the listed price (plus applicable taxes, shipping fees, and any other charges). We reserve the right to accept or reject your order in our sole discretion, for any reason including but not limited to: Product/wholesale prepack unavailability, pricing errors, suspected fraud, incomplete order information, violation of these Terms, or failure to meet wholesale account requirements.

Your order is deemed accepted only when we send you a written order confirmation email, or when we charge your selected payment method (whichever occurs first). Prior to acceptance, we may cancel your order at any time and notify you via email.

3.3 Pricing & Payment

All Product prices on the Website are listed in U.S. Dollars (USD) and are subject to change without prior notice. Wholesale prepack prices are exclusive to approved wholesale accounts and may not be combined with other promotions. We are not liable for any pricing errors on the Website; if a Product is listed at an incorrect price, we may cancel your order and refund any amounts paid, or offer you the Product at the correct price.
You agree to pay the full amount of your order (including Product prices, taxes, shipping fees, and wholesale fees, if applicable) at the time of checkout. By placing an order, you authorize us (or our third-party payment processors) to charge your selected payment method for the total order amount.
You represent and warrant that you have the legal right to use the payment method you provide. If your payment is declined, we may cancel your order or delay shipment until payment is received in full.
Shipping fees are calculated in accordance with our shipping guidelines (outlined on the Website and during checkout); free shipping offers apply only to eligible orders and are subject to additional terms stated at the time of purchase.

3.4 Shipping & Delivery

All shipping and delivery terms for your order are governed by the information provided during checkout, our Return & Refund Policy, and any shipping disclosures on the Website. We strive to ship orders within the estimated timeframe posted on the Website, but we do not guarantee delivery dates. Delivery times may vary due to factors beyond our control (e.g., carrier delays, weather, customs, peak shipping periods). We are not responsible for lost, stolen, or damaged packages once they have been delivered to the shipping address you provided, unless the loss, theft, or damage is due to our negligence.

4. Intellectual Property Rights

All content on the Website, including but not limited to Product images, descriptions, logos, trademarks, brand names, text, graphics, SKU information, and wholesale prepack details (collectively, the “Intellectual Property”), is owned by or licensed to Melinda Sue LLC. All Intellectual Property is protected by U.S. and international copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, distribute, modify, display, perform, or otherwise use any of the Intellectual Property without our prior written consent. Unauthorized use of our Intellectual Property may violate these Terms and applicable laws, and may result in legal liability. This includes prohibiting the use of our product images or descriptions for third-party sales or marketing without our explicit approval.

5. Returns & Refunds

All returns, refunds, and exchanges for our Products (including wholesale prepacks) are governed by our Return & Refund Policy, which is incorporated herein by reference. By placing an order, you agree to comply with the terms of our Return & Refund Policy, including eligibility requirements for wholesale prepack returns (unopened, unassembled prepacks only).

6. Limitation of Liability

6.1 Disclaimer of Warranties

THE WEBSITE AND OUR PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT OUR PRODUCTS (INCLUDING WHOLESALE PREPACKS) WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MINOR MANUFACTURING VARIATIONS, OR THAT PREPACK ASSORTMENTS WILL MATCH DIGITAL PREVIEWS EXACTLY.

6.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MELINDA SUE LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR PERSONAL INJURY) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, YOUR PURCHASE OR USE OF OUR PRODUCTS (INCLUDING WHOLESALE PREPACKS), OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, OUR PRODUCTS, OR THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT(S) THAT GAVE RISE TO THE CLAIM. For wholesale prepack claims, liability is limited to the purchase price of the specific prepack in question.

6.3 Exceptions

Nothing in these Terms shall limit or exclude our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the implied warranties of title or non-infringement; or (d) any other liability that cannot be limited or excluded by applicable law.

7. Indemnification

You agree to indemnify, defend, and hold harmless Melinda Sue LLC, its owners, officers, employees, agents, and wholesale partners from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your use of the Website; (b) your purchase, resale, or use of our Products (including wholesale prepacks); (c) your violation of these Terms or any applicable wholesale account terms; (d) your violation of any applicable laws, regulations, or third-party rights; or (e) any content you upload, post, or transmit on the Website.

8. Termination

We may terminate or suspend your access to the Website (including wholesale account access), or cancel any of your orders, at any time, without prior notice, for any reason, including but not limited to: (a) your violation of these Terms or wholesale account terms; (b) suspected fraud or unauthorized use of the Website; (c) non-payment of any amounts owed to us; (d) misrepresentation of information to obtain a wholesale account; or (e) our sole discretion.

Upon termination, your license to use the Website will immediately terminate, and you must cease all use of the Website and our Intellectual Property. Sections 4 (Intellectual Property Rights), 6 (Limitation of Liability), 7 (Indemnification), 9 (Governing Law), and 10 (Miscellaneous) shall survive termination.

9. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, United States of America, without regard to its conflict of laws principles.

Any dispute, claim, or controversy arising out of or in connection with these Terms, the Website, our Products (including wholesale prepacks), or your wholesale account shall first be resolved through good-faith negotiation between you and us. If the dispute cannot be resolved through negotiation within 30 days of written notice of the dispute, either party may file a lawsuit in the state or federal courts located in Florence County, South Carolina, and you consent to the personal jurisdiction and venue of such courts.

10. Miscellaneous

10.1 Changes to These Terms

We reserve the right to update, modify, or revise these Terms at any time, at our sole discretion. Any changes will be effective immediately upon posting the revised Terms on the Website. We encourage you to review these Terms periodically before using the Website or placing an order (personal or wholesale). Your continued use of the Website or purchase of our Products after the posting of changes constitutes your acceptance of the revised Terms.

10.2 Entire Agreement

These Terms, together with our Privacy Policy, Return & Refund Policy, and any wholesale account terms posted on the Website, constitute the entire agreement between you and Melinda Sue LLC regarding your access to and use of the Website, and your purchase of our Products. These Terms supersede all prior or contemporaneous agreements, understandings, or representations, whether oral or written.

10.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the rest of these Terms, and the remaining provisions shall remain in full force and effect.

10.4 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision, and our waiver of any breach of these Terms shall not constitute a waiver of any subsequent breach.

10.5 Assignment

You may not assign or transfer these Terms, or any of your rights or obligations under these Terms (including wholesale account rights), without our prior written consent. We may assign or transfer these Terms, or any of our rights or obligations under these Terms, at any time, without your consent.

10.6 Contact Us

If you have any questions, concerns, or clarifications regarding these Terms of Service (including wholesale-related terms), please contact our customer service team: