Terms of Service
Effective date: October 2025
1) Overview
This website is operated by Smell my Tarts (“Smell my Tarts,” “we,” “us,” or “our”), located in Chapmanville, WV 25508, USA. By visiting our site and/or purchasing from us, you agree to be bound by these Terms of Service (“Terms”) and any policies referenced here (including our Privacy Policy).
Our store is hosted by Squarespace. Squarespace provides the ecommerce platform and processes payments on our behalf.
2) Online Store Terms
You must be the age of majority in your state (or have parental/guardian consent) to use this site.
Don’t use our products or site for unlawful purposes or to violate any laws.
Don’t transmit malware, viruses, or harmful code.
Breach of these Terms may result in termination of access.
3) General Conditions
We may refuse service to anyone, at any time, for any reason.
Content you submit (excluding payment info) may be transferred unencrypted to adapt to technical requirements. Payment info is always encrypted during transfer.
You agree not to reproduce, resell, or exploit any portion of the Service without our written permission.
4) Accuracy & Timeliness of Information
We do our best, but information on this site may occasionally be inaccurate, incomplete, or not current. Use it as general guidance only. We may update content at any time without obligation to do so.
5) Modifications to the Service & Prices
Prices and product offerings may change without notice. We may modify or discontinue the Service (or any part of it) at any time. We are not liable for any modification, price change, suspension, or discontinuance.
6) Products & Services
Some products may be available exclusively online and may have limited quantities. Returns are subject to our posted Return Policy.
We try to display colors/images accurately; we can’t guarantee your monitor’s display.
We may limit sales by person, region, or jurisdiction and limit quantities. Descriptions and pricing can change at any time.
We do not warrant that product quality or any errors in the Service will always meet your expectations or be corrected immediately.
7) Billing & Account Information
We may refuse or cancel any order. We may limit or cancel quantities per person, household, or order (including orders using the same account, card, billing, or shipping address). If we change or cancel an order, we’ll try to contact you via the email/phone/billing address provided.
You agree to provide current, complete, and accurate purchase and account information and promptly update details (including email and card numbers/expiration dates) so we can complete transactions and contact you as needed.
8) Optional Tools
We may provide access to third-party tools “as is” and “as available,” without any warranties. Use them at your own risk and review the third party’s terms.
9) Third-Party Links
Our site may include links or materials from third parties. We aren’t responsible for their content, policies, products, or services. Review their terms and policies before engaging.
10) User Content & Submissions
If you submit ideas, comments, reviews, or other materials (“Comments”), you grant us a non-exclusive, royalty-free, worldwide license to use, edit, publish, and distribute them. We may remove content we deem unlawful, offensive, or violating rights/these Terms. You’re responsible for your Comments and confirm they don’t violate others’ rights or contain harmful code or deceptive information.
11) Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. Contact: smellmytarts@myyahoo.com.
12) Errors, Inaccuracies & Omissions
We may correct errors (including pricing, descriptions, promotions, shipping charges, transit times, and availability) and update information or cancel orders if any information in the Service is inaccurate—at any time without prior notice, even after you submit an order.
13) Prohibited Uses
You may not use the site or its content:
(a) for unlawful purposes; (b) to solicit unlawful acts; (c) to violate laws/regulations; (d) to infringe intellectual property; (e) to harass, abuse, defame, discriminate, or harm; (f) to submit false/misleading info; (g) to distribute malware or interfere with security or operation; (h) to collect others’ personal info; (i) to spam/phish/scrape; (j) for obscene/immoral purposes; or (k) to circumvent security features. We may terminate use for violations.
14) Disclaimer of Warranties; Limitation of Liability
The Service and all products/services delivered through it are provided “as is” and “as available” without warranties of any kind, express or implied (including merchantability, fitness for a particular purpose, title, and non-infringement). We don’t warrant uninterrupted, timely, secure, or error-free service.
To the fullest extent permitted by law, Smell my Tarts and our owners, employees, agents, suppliers, and service providers are not liable for any indirect, incidental, special, consequential, punitive, or similar damages (including lost profits, revenue, savings, data, or replacement costs) arising from your use of the Service or products, even if advised of the possibility. Where limitations are not allowed by law, our liability will be limited to the maximum extent permitted.
15) Indemnification
You agree to indemnify, defend, and hold harmless Smell my Tarts and our owners, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim or demand (including reasonable attorneys’ fees) arising out of your breach of these Terms or violation of any law or third-party rights.
16) Severability
If any provision of these Terms is unlawful, void, or unenforceable, that provision is enforceable to the fullest extent permitted and the unenforceable part is deemed severed. The remainder stays in effect.
17) Termination
These Terms are effective unless terminated by you or us. You may terminate by stopping use of the site and notifying us. If we believe you’ve violated these Terms, we may terminate without notice and you remain liable for amounts due up to the termination date.
18) Entire Agreement; No Waiver
These Terms and any policies posted on this site constitute the entire agreement between you and us regarding the Service and supersede prior agreements. Our failure to enforce any right or provision isn’t a waiver of that right or provision.
19) Governing Law; Venue
These Terms and any separate agreements under which we provide services are governed by the laws of the State of West Virginia (USA), without regard to conflict-of-law rules. Venue and jurisdiction for any permitted court proceedings will be in West Virginia.
20) Dispute Resolution & Arbitration (U.S.)
To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat/location of arbitration will be in West Virginia, before a single arbitrator. Class actions are not permitted—claims must be brought on an individual basis. The arbitrator may award relief only for the individual party and only to the extent necessary to provide relief warranted by that party’s claim. If any part of this clause is found unenforceable, the remainder stays in effect to the extent permissible.
21) Platform, Hosting & Payments (Squarespace)
Our store is hosted on Squarespace. Your data may be stored through Squarespace’s data storage and databases. Squarespace processes payments on our behalf and maintains compliance with PCI-DSS standards. For details, see Squarespace’s Terms and Privacy Policy.
22) Mobile Messaging (If You Opt In)
By opting in, you consent to receive marketing texts from Smell my Tarts at the number you provide. Message & data rates may apply. Frequency varies. Consent is not a condition of purchase.
Opt-Out: Reply STOP to any message.
Help: Reply HELP or email smellmytarts@myyahoo.com.
We don’t share SMS opt-in data with third parties, except to operate the messaging service. Carriers are not liable for delayed or undelivered messages.
23) Changes to These Terms
You can review the most current version of these Terms at any time on this page. We may update them by posting a revised version here. Your continued use of the site after changes are posted constitutes acceptance.
24) Contact Information
Smell my Tarts
Chapmanville, WV 25508, USA
Email: smellmytarts@myyahoo.com