BROWN GIRL Jane LLC (“BROWN GIRL Jane”) owns and operates this Website. The terms and conditions set forth in this document govern your relationship with BROWN GIRL Jane and your use of the website located at https://browngirljane.com (“Website”).

Your access to and your use of this Website, and the purchase and sale of the products and services that are available through this Website, (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services you are agreeing to each of these Terms of Service, all as may be updated by BROWN GIRL Jane from time to time. You should check this page regularly to take notice of any changes that BROWN GIRL Jane may have made to these Terms of Service.

Access to this Website is permitted on a temporary basis, and BROWN GIRL Jane reserve the right to withdraw or amend the Services without notice. BROWN GIRL Jane will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, BROWN GIRL Jane may restrict access to some parts or to all of this Website. BROWN GIRL Jane will not be liable if for any reason some or any portion of this Website is unavailable at any time or for any period.

This Website may contain links to other websites that are not operated by BROWN GIRL Jane (the “Linked Sites”). BROWN GIRL Jane has no control over the Linked Sites and accepts no responsibility for them, nor for any loss or damage that may arise from your use of the Linked Sites. Your use of the Linked Sites will be subject to the terms of use and service contained within each such Linked Site.

Prohibitions
By your use of this Website, you agree that you will not misuse this Website. You further agree that you will not: (a) commit or encourage a criminal offense; (b) transmit or distribute a virus, trojan, worm, logic bomb or any other material that is malicious, technologically harmful, in breach of an obligation of confidence or that is in any way offensive or obscene; (c) hack into any aspect of the Service; (d) corrupt data; (e) cause annoyance to other users; (f) infringe upon the rights of any other person’s proprietary rights; (g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or (h) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Any breach of this provision may constitute a criminal offense and BROWN GIRL Jane will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

BROWN GIRL Jane will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software, and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of BROWN GIRL Jane or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by BROWN GIRL Jane and its licensors. You may store, print, and display the content supplied solely for your own personal non-commercial use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

TERMS OF SALE

Placing an order for products means that you are offering to purchase that product on and subject to the following terms and conditions of sale.

All purchasers must be at least eighteen (18) years of age and must possess a valid credit or debit card issued by a bank acceptable to BROWN GIRL Jane. Placement of an order indicates that you represent and warrant (1) that all of the information that you provide to BROWN GIRL Jane are true and accurate; (2) that you are an authorized user of the credit or debit card used to place your order; and (3) that there are sufficient funds to cover the cost of the goods ordered.

All orders placed on this Website are subject to: (1) product availability; and (b) BROWN GIRL Jane’s confirmation of the order quantity and price. BROWN GIRL Jane retains the right to refuse any orders. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

Product shipment may vary according to availability and is subject to any delays resulting from postal delays or force majeure for which BROWN GIRL Jane will not be responsible.

(a) Our Contract
When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order: this is not an acceptance of your order. No contract is formed until BROWN GIRL Jane transmits an e-mail confirmation that the goods that you ordered have been shipped to you. Only those goods listed in the confirmation e-mail sent at the time of shipment will be included in the contract formed.

(b) Pricing and Availability
Errors in product details, descriptions, and prices may occur despite efforts to ensure accuracy. If BROWN GIRL Jane discovers an error in the price of any goods that you have ordered, then BROWN GIRL Jane will inform you regarding the error, and you will have the option of reconfirming your order.

RETURNS

Due to the nature of our products, and the risk of tampering, we do not accept returns or exchanges. If there are defects or damages with your order, please contact us at [email protected] and we will be happy to help with a replacement.

DISCLAIMER OF LIABILITY

The material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law BROWN GIRL Jane and its suppliers, content providers, and advertisers hereby expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

Intellectual Property Disclaimer
Any trademarks/names or copyrighted materials on this Website are owned by the respective trademark owners or copyright holders. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to BROWN GIRL Jane.

INDEMNITY
You agree to indemnify, defend and hold harmless BROWN GIRL Jane, its shareholders, directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

VARIATION
BROWN GIRL Jane reserves the right in its absolute discretion to amend, remove or vary the Services and/or any page of this Website at any time and without notice.
Invalidity

If any provision of these Terms of Service or the application of these Terms of Service is construed or held to be void, invalid, or unenforceable by the order, decree, or judgment of a court of competent jurisdiction, then the remaining provisions of this Agreement will not be affected thereby but will remain in full force and effect.

WAIVER
Any term or condition of these Terms of Service may be waived by BROWN GIRL Jane at any time, but no such waiver will be effective unless set forth in a written instrument waiving such term or condition and that is executed by an authorized representative of BROWN GIRL Jane. No waiver of any term or condition of these Terms of Service will be deemed to be or construed as a waiver of the same or any other term or condition of these Terms of Service on any future occasion.

Mobile Terms of Service

BROWN GIRL Jane

Last updated: July 13, 2023

The BROWN GIRL Jane mobile message service (the "Service") is operated by BROWN GIRL Jane (“BROWN GIRL Jane”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to BROWN GIRL Jane’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of BROWN GIRL Jane through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with BROWN GIRL Jane. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18447009032 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other BROWN GIRL Jane mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18447009032 or email [email protected].

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

ENTIRE AGREEMENT

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and BROWN GIRL Jane.