Terms of Service

Overview

Welcome to Especially Yours. The terms “we”, “us” and “our” refer to Especially Yours. Especially Yours operates this store and website, including all related information, content, features, tools, products, and services to provide you with a curated shopping experience (the “Services”). Especially Yours is powered by Shopify, which enables us to provide these Services to you.

These Terms of Service, together with any policies referenced here (collectively, the “Terms”), describe your rights and responsibilities when using our Services. Please read them carefully, as they include important information regarding warranties, limitations of liability, and your legal rights.

By accessing, browsing, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use our Services.

1. Access & Account

By using our Services, you confirm that you are at least the age of majority in your jurisdiction, or that you have provided consent for any minor dependents under your supervision to use the Services.

You may be required to provide personal information such as your email, billing, payment, and shipping details. You confirm all information provided is accurate, complete, and current. You are solely responsible for maintaining the confidentiality of your account credentials and all activity under your account. Accounts may not be transferred or sold.

2. Our Products

We strive to accurately display all product details. However, actual colors and appearance may vary based on device settings. Product descriptions, availability, and pricing may change at any time without notice. We reserve the right to limit quantities or discontinue products at our discretion.

3. Orders

Placing an order constitutes an offer to purchase. Orders are accepted only after successful payment and confirmation by Especially Yours. We reserve the right to cancel or modify orders and will attempt to notify you using the contact details provided. Returns and exchanges are governed strictly by our Refund Policy. Purchases are intended for personal use only.

4. Prices & Billing

Prices are subject to change without notice. All prices listed exclude taxes, shipping, and handling unless stated otherwise. You agree to provide accurate billing details and authorize us to charge your selected payment method for all purchases.

5. Shipping & Delivery

Delivery timelines are estimated and not guaranteed. Especially Yours is not responsible for delays caused by shipping carriers, customs, or events beyond our control. Ownership and risk transfer to you once the product is handed over to the carrier.

6. Intellectual Property

All content, trademarks, images, designs, and materials available on the Services are owned by Especially Yours or its licensors and are protected by intellectual property laws. You may not reproduce, distribute, or exploit any content without prior written permission.

7. Optional Tools

We may provide access to third-party tools “as is” without warranties. Use of these tools is entirely at your own risk.

8. Third-Party Links

Our website may contain links to third-party sites. We are not responsible for their content, accuracy, or services.

9. Relationship with Shopify

Especially Yours is powered by Shopify; however, all transactions occur directly between you and Especially Yours. Shopify bears no liability for purchases made on our store.

10. Privacy Policy

Your personal data is governed by our Privacy Policy and Shopify’s Privacy Policy. By using our Services, you consent to data processing in accordance with these policies.

11. Feedback

By submitting feedback, you grant us a worldwide, royalty-free license to use, modify, and publish it for any purpose.

12. Errors & Inaccuracies

We reserve the right to correct any errors in descriptions, pricing, promotions, or availability without prior notice.

13. Prohibited Uses

You agree not to misuse the Services for unlawful, fraudulent, abusive, or harmful purposes, including data scraping, impersonation, spamming, or violating intellectual property rights.

14. Termination

We reserve the right to terminate access to our Services at any time without notice for violations of these Terms.

15. Disclaimer of Warranties

All products and Services are provided “as is” and “as available” without warranties of any kind.

16. Limitation of Liability

To the fullest extent permitted by law, Especially Yours shall not be liable for any indirect, incidental, or consequential damages arising from use of the Services or products.

17. Indemnification

You agree to indemnify and hold Especially Yours and its partners harmless from any claims arising from your use of the Services.

18. Severability

If any provision is found unenforceable, the remaining provisions will continue to be valid.

19. Waiver & Entire Agreement

These Terms represent the complete agreement between you and Especially Yours and supersede all prior agreements.

20. Assignment

You may not assign these Terms without written consent. We may assign our rights without notice.

21. Governing Law

These Terms shall be governed by the laws of the jurisdiction where Especially Yours is headquartered.

22. Headings

Headings are used for convenience only and do not affect interpretation.

23. Changes to Terms

We may update these Terms at any time. Continued use of our Services following updates constitutes acceptance of the revised Terms.

24. Mobile Terms & Conditions

Especially Yours offers its customers marketing and promotional mobile alerts (e.g. cart reminders) by text message (the "Service") on 20374. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

Especially Yours is headquartered at 16 Mt. Bethel Rd, Unit # 362
Warren, NJ 07059-5604 and may send text messages from this address.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. Only United States mobile numbers are eligible to participate. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Especially Yours reserves the right to stop offering the Service at any time with or without notice. Especially Yours also reserves the right to change the short code, phone number, or RCS agent from which messages are sent, and we will notify you when we do so.

By opting into the Service, you:

1. Authorize Especially Yours to send recurring text messages, which may be automated or AI-generated, to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in) at any time and frequency.
2. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
3. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
4. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please call 1-800-952-5926 or email customerservice@especiallyyours.com. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive

Once you affirm your choice to opt-in to the Service on 20374, the timing and frequency of messages may vary based on your interactions and initiated texts. You may receive alerts about:

1. Sale promotions
2. Event information
3. Product launch announcements
4. Cart reminders
5. Back in stock alerts
6. Price drop alerts
7. Low inventory alerts
8. Order confirmation and order updates
9. Shipping notifications and delivery alerts

Forwarded Messages or Referrals

If you forward or share links contained in text messages from Especially Yours any interactions with those links (including clicks, sign-ups, or browsing activity) may trigger notifications or follow-up messages sent to you. Standard message and data rates may apply.

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Especially Yours may add or remove any wireless carrier from the Service at any time without notice. Especially Yours and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service

To stop receiving text messages from Especially Yours, text the word STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to 20374 any time or reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any of the text messages you have received from Especially Yours. You can also contact us at 1-800-952-5926 or email customerservice@especiallyyours.com. These are the exclusive methods for opting out. After opting out, you will receive one additional message confirming that your request has been processed.

Questions

You can text HELP for help at any time to 20374. This will provide you with toll-free number 1-800-952-5926 or email customerservice@especiallyyours.com. You can also contact us at Especially Yours, 16 Mt. Bethel Rd, Unit # 362 Warren, NJ 07059-5604.

Changes to Terms

These Mobile Terms and Conditions are subject to change at any time without notice.

25. Arbitration and Class Action Waiver

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other Federal or state statute, regulation, or legal or equitable theory to the fullest extent permitted by law. You and Especially Yours hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ESPECIALLY YOURS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND ESPECIALLY YOURS AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and Especially Yours are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Especially Yours, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

26. Contact Information