Last Updated: February 2025
Effective Date: February 1, 2025

1. Introduction

Welcome to MAKE A SPLASH ("Company," "we," or "us"), operated by MAKE A SPLASH LLC, located at 215 HIGH ST, PERTH AMBOY, NJ 08861, USA. These Terms & Conditions ("Terms") govern your use of makeasplashfashion.com ("Website") and all purchases made through it. By accessing the Website or placing an order, you agree to comply with these Terms, which incorporate our Privacy Policy, Shipping Policy, and Refund & Exchanges Policy.

2. Acceptance of Terms

By placing an order, you:

  • Confirm you are at least 18 years old or have legal consent.
  • Agree to these Terms under the U.S. Uniform Commercial Code (UCC §2-204) and EU Consumer Rights Directive 2011/83/EU.
  • Acknowledge that no additional terms in your communications shall bind us unless expressly agreed in writing.

3. Orders & Contract Formation

  • Order Process: Submission constitutes an offer to purchase. Acceptance occurs when we email an order confirmation (UCC §2-206).
  • Order Modifications: Changes/cancellations must be requested within 2 hours of placement via [email protected].
  • Pricing Errors: We reserve the right to cancel orders with incorrect pricing (per UCC §2-305).

4. Pricing & Payment

  • Currency: All charges in USD. Conversion fees may apply for international cards.
  • Taxes: Sales tax applied per NJ state law. International duties are your responsibility.
  • Payment Methods: Processed securely via Stripe and PayPal. By paying, you agree to their terms:
  • Fraud Checks: We may request ID verification for high-risk transactions.

5. Shipping & Risk of Loss

  • Fulfillment: Orders processed within 48 business hours (Mon-Fri).
  • Delivery Timelines:
    • Domestic (U.S.): 5-7 business days after processing.
    • International: 7-21 business days after processing.
  • Risk Transfer: Title and risk pass to you upon delivery to the carrier (UCC §2-319).

6. Returns & Refunds

  • EU Right of Withdrawal: EU customers may return items within 14 days of delivery (extended to 30 days per our policy).
  • General Returns: See full Refund & Exchanges Policy.
  • Non-Refundable Items: Final sale items (e.g., swimwear, clearance) as marked.

7. Intellectual Property

All content (logos, text, images) is owned by MAKE A SPLASH LLC. Unauthorized use violates copyright laws (U.S. 17 U.S.C. §101 and EU Directive 2001/29/EC).

8. Limitation of Liability

  • Damages Cap: Liability limited to order value, excluding indirect damages (UCC §2-715).
  • Product Use: We are not liable for misuse or alterations to products.

9. Dispute Resolution

  • Governing Law: U.S. disputes governed by New Jersey law; EU disputes subject to Regulation (EU) No 1215/2012.
  • Mediation: Parties agree to attempt mediation before litigation.
  • Class Action Waiver: Claims must be brought individually.

10. Consumer Rights (EU)

  • Pre-Contract Info: Key details provided per Art. 6(1) of Directive 2011/83/EU.
  • Withdrawal Form: Available upon request.

11. General Provisions

  • Force Majeure: Not liable for delays due to events beyond our control.
  • Severability: If a term is invalid, others remain enforceable.
  • Assignment: We may transfer rights under these Terms.

12. Updates & Contact

  • Revisions: Updated Terms posted 30 days prior to effect. Continued use constitutes acceptance.
  • Questions? Contact us:
    • 📧 [email protected]
    • 📞 +1 (504) 203-7935 (Mon-Fri 9AM–5PM EST)
    • 📍 215 HIGH ST, PERTH AMBOY, NJ 08861