Terms & Conditions

 

The website www.stellaandbearco.com (hereinafter collectively “Website” or “Websites”) and any content therein (defined below) is owned and operated by Touch Horizon LLC., a California Corporation (hereinafter “we” “us” “our” or “Stella and Bear”). Please read all Terms & Conditions before using our Websites – by visiting and using this Website, you (hereinafter “visitor” “you” “your”) are consenting that you have read these Terms & Conditions, and agree to be bound by them. If you do not agree with this document in its entirety, please immediately refrain from using Website.

These Terms & Conditions constitute a legally binding agreement made between you (whether personally or on behalf of an entity) and Stella and Bear Co., concerning your access to and right to use Website, as well as any other media forms, media channels, mobile website, or mobile application related, linked, or otherwise connected to Stella and Bear Co. and Website.

Products or Services

Stella & Bear Co. is not liable for any indirect, direct, consequential, or punitive damages.

Certain products 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 Return 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 anytime without notice, at the sole discretion of us. 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. 

 

Intellectual Property Rights

A. Websites contain original work that has been created with creativity, originality, dedication, care, detail, planning, and creative thinking. This collection of work is considered intellectual property created and owned by Stella and Bear Co. and is protected under Federal Intellectual Property Laws, which prevents unauthorized use of our materials. These materials may include, but are not limited to: trademarked and copyrighted material, as well as any and all original works on our Websites and within the content provided, including but not limited to website design, layout, photographs, graphics, words, content, information, documents, data, our logo, artwork, color scheme, branding and/or placement of same on Website, as well as source code, databases, functionality, software, audio content, visual content, text content, to the extent protectable, and any and all other information accessible through Websites, which constitutes proprietary information. This protection also includes any and all content that appears on the Websites, including blog posts, program names, and any other text whether or not authored by us. All proprietary information and content hereinafter identified as (“Content”).

B. You understand and acknowledge you will likely be in violation of these Intellectual Property laws should you copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property on the Website, without our express written consent. If such behavior is discovered or suspected, we reserve the right to immediately revoke your access to our Websites, as well as any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.

C. Licensee / Licensor Rights: Our Limited License to You
a.Your ability to view Content on our Websites grants you a limited, revocable, non-transferable license to use the information available to you for your personal, non-commercial use only. Should you decide to purchase a product, package, or service from our Websites, you will also be granted a limited license to use the information contained therein, as outlined in the Terms of Use or Client Agreement associated with each product or service available for purchase.
b. As a licensee, you understand and agree that you will not:
i. Copy, edit, distribute, duplicate or steal any information on our Websites, or any Content therein, including that which has been posted by a third party, whether or not you have purchased the information.
ii. Use, post, distribute, copy, steal or otherwise use any portion of our Websites, including content or products, without express, written permission provided by Stella & Bear Co. and understand that any such use may constitute infringement, which may give rise to a cause of action against you.
iii. Share purchased materials, information, content with others who have not purchased them.
iv. Use any portion of our Websites, including all Content, information, and purchased materials, in any commercial manner such that you make, may make, or intend to make a profit from it.
vi. You further acknowledge and understand that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of these Terms and Conditions and United States Federal laws, and we reserve the right to prosecute this infringement to the full extent of the law.
vii. Any requests for written permission to use any content posted on our Websites shall be made before you wish to use any such content, and may be made by sending an email with your written request to support@touchhorizon.com.

Online Purchases

A. You understand that should you elect to make a payment through our website, information obtained during your purchase, including name, address, credit card information, method of payment, billing information, and other personally identifiable information may be collected by us, as well as our payment processing company.

B. You also understand and agree that any information provided by you is true and accurate, to be relied upon by us and our team in processing payment and delivering our products to you. Should your payment fail to process, we reserve the right to withhold the purchased product from you unless and until payment is properly rendered.

C. Limitations of Liability: We will take reasonable precautions and measures to keep this information private. While we will attempt to monitor and resist any third party hacking or third party ability to gain access to confidential information held by us, you agree and understand we are not liable for any unauthorized access to or use of your information or property, regardless of negligence, failures, tort, breach of implied or express contract, or any other causes of action or legal theories of liability, even if such theories could have been foreseeable or preventable, or if we were made aware of such a possibility. Our limitations of liability extend to the fullest possible extent permitted by law, and in no event shall total liability exceed $500 to any one person or collective plaintiffs.

D. You also acknowledge and agree that we have no responsibility or liability for policies of third party payment processing companies we select and use to facilitate purchases through our Website. When you make a purchase on our Website, please note you may also be subject to the terms and conditions, policies, and/or guidelines of the payment processing company, in addition to ours. For more information, we encourage you to visit the website of the payment processing company, and read their policies and terms and conditions as well. You agree to release us as well as the payment processing company we choose from any damages you incur as a result of this process, and agree not to file or assert any claims against us or the payment processing company arising from your purchase of a product through our Website.

E. We reserve the right to refuse any order placed through Website, for any reason. We may, in 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 payment method, and/or orders that used the same billing or shipping address. We reserve the right to limit or prohibit orders that appear to be placed by resellers, distributors, false accounts, spam accounts, or any other accounts which otherwise raise a red flag or appear fraudulent, regardless of whether or not they actually are.

F. If do you make a purchase, you will also be subject to all terms associated with the product you purchased, which shall be the operating and controlling document between you and Stella & Bear co. as it relates to the product you purchase. If you have any questions regarding product you purchased, please reach out to us at support@touchhorizon.com.