Conditions d’utilisation

Last updated:: August 24, 2026

PART I: WEBSITE TERMS OF USE

SECTION 1: ABOUT US

This website and the products and services offered through it are operated by Joy’s Closet LLC, d/b/a Joy’s, referred to in these Terms of Service as “Joy’s,” “Joy’s Custom Sneakers,” “we,” “us,” or “our.”

These Terms of Service, referred to as the “Terms,” govern:

1. Access to and use of our website and online store

2. Custom design and footwear customization services

3. Orders, invoices, payment links, proposals, order forms, and mockups

4. Individual consumer orders

5. Bulk and B2B orders

6. Related products and services

Our online store is hosted by Shopify Inc., which provides the ecommerce platform through which we offer and sell certain products and services.

SECTION 2: ACCEPTANCE OF THESE TERMS

The provisions governing website access apply when you visit, browse, or use our website.

The provisions governing orders and purchases apply when, after being given access to these Terms, you:

1. Place an order

2. Submit payment

3. Pay an invoice

4. Approve a mockup

5. Submit an order form

6. Accept or sign a proposal or agreement

7. Otherwise request or purchase products or services from us

When an invoice, payment page, checkout page, email, proposal, or accompanying notice states that placing an order, clicking a payment button, or submitting payment constitutes acceptance, completing that action signifies your agreement to these Terms.

Electronic acceptance may include checking an acceptance box, submitting an electronic form, approving a design electronically, signing electronically, placing an order, or submitting payment.

You should save or print a copy of the Terms applicable to your order.

If you do not agree to these Terms, do not place an order, approve a design, sign an agreement, or submit payment.

SECTION 3: DEFINITIONS

For purposes of these Terms:

“Customer” means the individual, business, organization, or other entity purchasing or requesting products or services from us.

“Custom Order” means any product painted, printed, decorated, personalized, embellished, sourced, or otherwise prepared according to a Customer’s request.

“Consumer Order” means an order placed by an individual primarily for personal, family, or household purposes.

“B2B Order” means an order placed by or for a company, organization, agency, nonprofit, school, team, office, event, campaign, retreat, activation, or other commercial or organizational purpose, regardless of quantity.

“Bulk Order” means an order, project, or related group of orders containing three or more pairs of footwear. Related orders placed as part of the same coordinated project may be treated as one Bulk Order even if divided among separate invoices, recipients, designs, shipping addresses, payments, or order dates.

“Approved Mockup” means the final digital mockup, written design description, sample, proof, or other design representation approved by the Customer.

“Final Order File” means the final list of names, sizes, addresses, design selections, personalization, quantities, and other order information provided or approved by the Customer for a Bulk Order or B2B.

“Written Agreement” means a proposal, project agreement, statement of work, order agreement, or other contract signed or electronically accepted by both parties.

SECTION 4: ELIGIBILITY

A person placing an order must be at least 18 years old or the legal age of majority in their jurisdiction and legally capable of entering into a contract.

A minor may not place an order independently. An order submitted by a minor must be placed or expressly approved in writing by a parent or legal guardian who agrees to these Terms and accepts responsibility for the order and payment.

A person placing an order for a business or organization represents that they have authority to act on its behalf.

SECTION 5: PERMITTED AND PROHIBITED USES

You may use our website only for lawful purposes.

You may not:

1. Use the website, artwork, products, or services for an unlawful, fraudulent, abusive, infringing, or unauthorized purpose

2. Violate any applicable law or the rights of another person

3. Transmit malicious software or destructive code

4. Interfere with the operation or security of the website

5. Attempt to gain unauthorized access to accounts, systems, or information

6. Scrape, crawl, copy, or collect website content or personal information through unauthorized automated methods

7. Misrepresent your identity, authority, or connection with another person or organization

8. Submit false, misleading, or fraudulent order or payment information

9. Reproduce, resell, or commercially exploit the website or its content without our written permission

10. Use our website or services to infringe intellectual property rights

We may suspend or terminate access to the website when we reasonably believe these Terms have been violated.

SECTION 6: OUR WEBSITE CONTENT AND INTELLECTUAL PROPERTY

The website and its content, including text, photographs, mockups, graphics, designs, logos, videos, product descriptions, layout, and other original material, are owned by or licensed to us and are protected by applicable intellectual property laws.

You may view and use the website for personal or authorized business purchasing purposes.

You may not reproduce, modify, publish, sell, distribute, license, commercially exploit, or create derivative works from our website content without prior written permission.

Purchasing a product does not transfer ownership of our underlying artwork, mockups, photographs, templates, working files, methods, or creative concepts.

SECTION 7: CUSTOMER COMMUNICATIONS AND SUBMISSIONS

When you send us information, feedback, artwork, logos, photographs, reviews, suggestions, or other materials, you represent that:

1. The information is accurate

2. You have the right to provide it

3. Its use for the requested purpose will not violate another person’s rights

We may use order related submissions as reasonably necessary to communicate with you, prepare mockups, provide services, produce the order, maintain records, and fulfill your instructions.

Public reviews or feedback voluntarily submitted by a Customer may be displayed, quoted, or shared for legitimate promotional purposes, provided we do not intentionally disclose private personal information.

SECTION 8: THIRD PARTY SERVICES AND LINKS

Our website and order process may rely on third party providers, including Shopify, payment processors, form providers, file transfer services, cloud storage services, shipping platforms, and carriers.

Those providers operate under their own terms and privacy practices.

We are not responsible for a third party service interruption, security incident, content, policy, or action outside our reasonable control, except where responsibility cannot lawfully be excluded.

Links to third party websites are provided for convenience and do not constitute our endorsement of those websites or their products.

SECTION 9: WEBSITE INFORMATION, AVAILABILITY, AND ERRORS

We attempt to keep product descriptions, prices, photographs, timelines, availability, and other website information accurate.

Information may occasionally contain:

1. Typographical errors

2. Incorrect pricing

3. Outdated information

4. Inaccurate shipping calculations

5. Product availability errors

6. Other omissions or mistakes

We may correct an error, update information, or cancel an affected order. If we cancel an order because of our error, we will refund the canceled and unproduced portion.

Historical examples, prior prices, previously completed designs, and previous working schedules do not guarantee current availability, pricing, or capacity.

We do not guarantee that the website will always be available, uninterrupted, secure, or free from technical errors.

PART II: TERMS OF SALE AND CUSTOM ORDERS

SECTION 10: CUSTOM PRODUCTS AND BRAND INDEPENDENCE

Joy’s Custom Sneakers is an independent footwear customization business.

We are not affiliated with, authorized by, endorsed by, or sponsored by Nike, Jordan Brand, Adidas, Converse, Vans, Puma, New Balance, or any other footwear manufacturer or brand unless expressly stated in writing.

All trademarks, brand names, and logos belonging to third parties remain the property of their respective owners.

We purchase authentic footwear from the brand or through authorized or established retail channels and customize it according to the Customer’s approved design.

We do not manufacture the original footwear.

SECTION 11: RIGHT TO REFUSE CUSTOM REQUESTS

We reserve the right to refuse any custom request or decline any order before acceptance, in our sole discretion and without obligation to provide an explanation, subject to applicable law.

SECTION 12: FOOTWEAR SOURCING AND AVAILABILITY

Footwear availability, pricing, materials, sizing, colorways, and model specifications are controlled by brands, distributors, and retailers and may change without notice.

A quote, invoice, proposal, or mockup does not guarantee that every requested model or size will remain available until payment has cleared and the footwear has been successfully ordered.

If requested footwear becomes unavailable, we may offer:

1. A comparable model or colorway

2. A reasonable size adjustment when appropriate

3. A revised design

4. A revised completion schedule

5. A refund for the unavailable and unproduced portion of the order

We will not make a material substitution without the Customer’s approval.

SECTION 13: MOCKUPS AND DESIGN APPROVAL

Mockups are visual planning tools. They are not photographs of the completed product and do not guarantee the exact final appearance.

The final scope of a Custom Order is determined by the Approved Mockup together with:

1. The written design description

2. The invoice

3. The order form

4. The Final Order File, when applicable

5. Any applicable Written Agreement

The Customer is responsible for carefully reviewing all details before approval, including:

1. Spelling

2. Names and initials

3. Dates and numbers

4. Logos and artwork

5. Colors

6. Design placement

7. Footwear model

8. Sizes

9. Quantities

10. Shipping addresses

11. Design selections

12. Personalization

Approval may be provided through email, text message, online form, electronic signature, acceptance box, proposal acceptance, invoice payment, or another written or electronic method.

Once the design has been approved and customization work begins, any changes will be at our sole discretion and are not guaranteed. Any approved change may require additional payment and turnaround time.

SECTION 14: HANDMADE VARIATIONS

Our products are customized individually by hand. Each completed pair will be created as close as humanly possible to the Approved Mockup, sample, or written design.

Reasonable handmade variations are expected and are part of the nature of a custom product.

These variations may include minor differences in:

1. Paint shade

2. Brushwork

3. Texture

4. Line thickness

5. Spacing

6. Lettering

7. Print scale

8. Design placement

9. Embellishment placement

10. Alignment

11. Symmetry

12. Finish

13. Appearance among different pairs in the same order

A minor variation that does not materially change the approved overall design is not a defect or failure to conform.

SECTION 15: COLOR REPRESENTATION

Screens, printers, cameras, lighting, photography, footwear materials, paint batches, surface preparation, and finishing products may affect how colors appear.

A digital mockup is not a guaranteed physical color proof.

An exact Pantone, RGB, CMYK, hexadecimal, fabric, printed, or digital color match is not guaranteed.

A physical sample or approved paint sample may be required when the Customer requests a specific color standard.

Reasonable Reasonable differences between a digital representation and the completed item are not defects if the completed item remains materially consistent with the Approved Mockup and written scope. We may request photographs or inspect the completed item when evaluating a reported color issue. The evaluation will consider the Approved Mockup, any approved physical or paint sample, the written scope, the item’s materials, and the surrounding circumstances.

SECTION 16: MATERIALS AND APPLICATION TECHNIQUES

Some footwear materials may require an application method other than paint. When appropriate, we may use an alternative technique, including heat transfer, printing, vinyl, or other suitable application methods.

SECTION 17: NORMAL WEAR AND CARE

Custom paint, prints, adhesives, pearls, rhinestones, and other decorative materials may experience normal wear over time.

Durability may vary depending on factors including:

1. Frequency and type of use 

2. Friction 

3. Moisture and weather conditions 

4. Cleaning methods 

5. Storage conditions 

6. Exposure to chemicals or harsh conditions 

7. The material and construction of the original footwear 

Normal wear, misuse, improper cleaning, failure to follow care instructions, accidental damage, and alterations or repairs performed by another person are not workmanship defects.

We may request photographs or inspect the affected item before providing a workmanship remedy. The evaluation will consider the Approved Mockup, written scope, condition of the item, available evidence concerning its use and care, original materials, and surrounding circumstances. A remedy is available only to the extent the evidence reasonably shows that the issue resulted from our customization work.

SECTION 18: SIZING AND FIT

The Customer is responsible for selecting and approving the correct size.

Conversions among men’s, women’s, youth, European, United Kingdom, and other sizing systems are estimates.

Fit may vary by brand, model, width, foot shape, and personal preference.

We may provide general sizing information as a courtesy, but we do not guarantee fit.

A Custom Order is not returnable or exchangeable because the Customer:

1. Selected an incorrect size

2. Preferred a different fit

3. Provided inaccurate sizing information

4. Relied on a conversion that did not fit as expected

Any approved size change after footwear has been ordered is subject to availability and may require additional charges.

SECTION 19: PRICES, TAXES, AND PAYMENT

Prices may change before an order is accepted.

For Consumer Orders, the total paid at checkout is final once the order is accepted. If the Customer later requests a change that would increase the price, we will disclose the additional cost and obtain the Customer’s approval before making the change or charging the additional amount.

For B2B Orders, the footwear and customization prices stated in the applicable quote or invoice are fixed once the order is accepted. When individual delivery addresses are provided later, sales taxes that we are legally required to collect may be calculated and invoiced separately.

Unless otherwise agreed in writing, the initial invoice must be paid in full before footwear is ordered, customization begins, or work capacity is reserved. Any later invoice is due by the deadline stated in that invoice.

Payment is not considered received until it has cleared and is available to us.

A quote, discussion, mockup, or tentative reservation does not reserve work capacity unless we confirm the reservation in writing.

The Customer is responsible for fees and reasonable costs resulting from a returned or reversed payment only when the Customer authorized the payment and the return or reversal was caused by insufficient funds, inaccurate payment information, or another circumstance attributable to the Customer. This does not apply to unauthorized transactions or good-faith billing disputes protected by law.

SECTION 20: ORDER ACCEPTANCE

Submitting an order or making payment does not by itself constitute acceptance. An order is accepted only when we confirm its acceptance in writing.

Before acceptance, we may verify availability, design feasibility, pricing, payment, and compliance with these Terms. We may reject, limit, or place an order on hold for any lawful reason.

After acceptance, we may cancel an order if we cannot reasonably fulfill it or if the Customer violates these Terms. Refunds and Customer-requested cancellations are governed by these Terms and our Refund Policy.

SECTION 21: TURNAROUND TIMES AND DEADLINES

Processing, customization, completion, and delivery times are estimates unless we expressly guarantee a specific date in writing.

Working time begins only after:

1. Payment has cleared

2. The final design has been approved

3. All required information has been received

4. Requested footwear has been confirmed or received

5. Any required Final Order File has been confirmed

Customer delays, changes, incomplete information, incorrect information, unavailable sizes, delayed approvals, delayed payments, and additional revisions may extend the schedule.

A Customer’s event date, travel date, wedding date, activation date, distribution date, or internal deadline is not automatically a guaranteed delivery date.

The Customer must provide any important deadline before placing the order.

A deadline is guaranteed only when we expressly confirm the guarantee in writing.

Shipping time is separate from working time.

If we cannot ship an online order within an applicable promised timeframe, we will provide any notice, request for delay consent, cancellation option, or refund required by law.

SECTION 22: CANCELLATIONS, RETURNS, EXCHANGES, AND REFUNDS

Cancellations, returns, exchanges, and refunds are governed by our Refund Policy in effect on the date the order is placed. The Refund Policy is incorporated into these Terms.

The inspection, reporting, and remedy provisions in Sections 24 and 25 also apply.

Additional cancellation provisions for Bulk Orders and B2B Orders are stated in Part III.

If an accepted Written Agreement directly conflicts with the Refund Policy, the Written Agreement controls only with respect to that conflict.

SECTION 23: SHIPPING AND DELIVERY

Processing times, shipping methods, delivery estimates, address requirements, split shipments, carrier delays, international charges, returned packages, and responsibility after delivery are governed by our Shipping Policy in effect on the date the order is placed. The Shipping Policy is incorporated into these Terms.

Additional shipping or delivery terms contained in an accepted Written Agreement control only to the extent of a direct conflict.

SECTION 24: INSPECTION AND REPORTING ORDER ISSUES

The Customer should inspect the order promptly after delivery. Visible shipping damage, incorrect items, personalization errors, or material discrepancies should be reported as soon as reasonably possible, preferably within seven calendar days after delivery.

The Customer must provide:

1. The order or invoice number

2. A description of the issue

3. Clear photographs or video

4. Photographs of the box and shipping label when shipping damage is involved

5. Other information reasonably necessary to investigate the claim

The Customer must preserve the affected product and packaging until we complete our review.

This reporting procedure does not shorten any legal period that cannot lawfully be shortened.

SECTION 25: OPPORTUNITY TO INSPECT AND CURE

Before arranging any third-party correction, alteration, repainting, replacement, disposal, or destruction of an allegedly affected item, the Customer must notify us, provide photographs, and give us a reasonable opportunity to inspect the item.

If the inspection and available evidence reasonably show that our customization materially failed to conform to the Approved Mockup or written scope, or was performed without reasonable care and skill, we will provide a reasonable remedy for the affected customization. Depending on the circumstances, the remedy may include:

1. Correcting or redoing the affected customization;
2. Replacing or reapplying an affected customization material, embellishment, or component
3. Repairing the affected item;
4. Reperforming the customization on the same item or, when reasonably necessary, on a reasonably comparable replacement item; or
5. Refunding the amount paid for the affected item or affected portion of the customization service.

An original manufacturing defect or failure involving the underlying item’s construction, materials, sizing, fit, performance, or durability is not a customization defect when it was not caused or worsened by our customization work. Any rights concerning an original manufacturing defect are governed by applicable law and any applicable manufacturer warranty.

To the fullest extent permitted by law, the remedy provided under this Section will be the Customer’s exclusive remedy for the affected issue, unless the remedy fails its essential purpose or applicable law requires otherwise.

A remedy for an affected item does not entitle the Customer to a remedy for unaffected items.

Nothing in this Section limits any remedy expressly provided elsewhere in these Terms for material damage caused by our failure to use reasonable care.

SECTION 26: CUSTOMER SUPPLIED FOOTWEAR OR ITEMS

When When we agree to customize footwear or another Customer-supplied item, the Customer represents and warrants that the item is authentic, lawfully owned by the Customer, and authorized for delivery to us.

We do not accept counterfeit, suspected counterfeit, stolen, or otherwise unauthorized items. If we reasonably believe an item falls within any of these categories, we may refuse the order, stop work, cancel the order, and return the item at the Customer’s expense. Acceptance of an item does not constitute authentication or confirmation that it is genuine.

Used, aged, previously treated, cleaned, repaired, worn, coated, damaged, or improperly stored materials may react unpredictably to preparation, paint, heat, adhesives, or finishing products.

To the fullest extent permitted by law, we are not responsible for any loss, damage, delay, cost, or claim resulting from:

- A pre-existing defect;
- A concealed weakness;
- Normal deterioration;
- Inaccurate information provided by the Customer;
- The counterfeit, stolen, or unauthorized nature of an item;
- Material failure not caused by our customization work.

If a Customer-supplied item is materially damaged solely because we failed to exercise reasonable care, the available remedy may include repair, replacement with a reasonably comparable item, or a refund of the customization charge, depending on the circumstances and subject to applicable law.

SECTION 27: CUSTOMER ARTWORK, LOGOS, AND INTELLECTUAL PROPERTY

The Customer represents and warrants that the Customer owns or has obtained all permissions, licenses, and authorizations required to use any:

1. Logo

2. Trademark

3. Name

4. Photograph

5. Character

6. Image

7. Design

8. Phrase

9. Artwork

10. Font

11. Other requested material

The Customer grants us a limited license to use, reproduce, modify, format, and apply that material as reasonably necessary to prepare mockups, produce the order, communicate about the project, maintain records, and fulfill the Customer’s instructions.

We may refuse a request that we believe may violate intellectual property rights or applicable law.

The Customer is responsible for third party claims arising from Customer supplied or Customer requested material, except to the extent the claim is caused by material independently created and added by us without the Customer’s instruction or approval.

Our original artwork, mockups, methods, templates, photographs, working files, designs, and creative concepts remain our property unless a Written Agreement expressly transfers specific rights.

Purchasing a customized product does not automatically transfer ownership of the underlying artwork, working files, or reproduction rights.

SECTION 28: PHOTOGRAPHS AND PORTFOLIO USE

We may photograph and display completed customized items from any order on our website, social media, portfolio, blog, or promotional materials without disclosing private personal or confidential information.

A Customer may request confidentiality in writing before the order is shipped.

We will comply with any applicable Written Agreement or nondisclosure agreement concerning confidential information.

SECTION 29: PERSONAL INFORMATION

Our collection and use of personal information are governed by our Privacy Policy.

We may provide information to service providers as reasonably necessary to:

1. Process payments

2. Host our store

3. Prepare shipping labels

4. Deliver packages

5. Communicate about orders

6. Store project files

7. Prevent fraud

8. Operate our business

We maintain reasonable administrative, technical, and physical safeguards designed to protect personal information. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security.

PART III: BULK AND B2B ORDERS

SECTION 30: APPLICATION OF THIS PART

The following additional provisions apply to all Bulk Orders.

The provisions concerning authority, purchase orders, Customer supplied data, confidentiality, and business documents also apply to B2B Orders where relevant, even when the order contains fewer than three pairs.

If a Written Agreement directly conflicts with this Part, the Written Agreement controls only with respect to that conflict. All nonconflicting provisions remain in effect.

SECTION 31: AUTHORITY TO PLACE A B2B ORDER

A person placing or approving a B2B Order represents that the person is authorized to act for the identified business or organization.

Unless otherwise stated in a Written Agreement, the business or organization identified as the Customer is responsible for:

1. All approved charges

2. Information supplied by its employees or representatives

3. Design and order approvals

4. Recipient information

5. Compliance with the applicable agreement

SECTION 32: WRITTEN AGREEMENTS AND PROPOSALS

We may require a proposal, statement of work, corporate order agreement, or other Written Agreement before accepting a Bulk Order or B2B Order.

The Written Agreement may address:

1. Scope

2. Quantity

3. Designs

4. Samples

5. Payment schedule

6. Working schedule

7. Shipping

8. Data handling

9. Confidentiality

10. Other project specific requirements

Payment of an invoice does not modify a previously accepted Written Agreement unless both parties confirm the modification in writing.

SECTION 33: FINAL ORDER FILE

The Customer is responsible for collecting, reviewing, and confirming all information in the Final Order File.

This may include:

1. Recipient names

2. Shoe sizes

3. Shipping addresses

4. Email addresses

5. Telephone numbers

6. Personalization

7. Design selections

8. Quantities

9. Office or team assignments

We may review the Final Order File to confirm that it appears consistent with the agreed scope, but the Customer remains responsible for the accuracy of the information it provides or approves.

Working time begins only after we confirm receipt of a complete Final Order File.

SECTION 34: CUSTOMER PROVIDED RECIPIENT DATA

The Customer represents that it has the legal authority to collect and provide any recipient information shared with us.

The Customer is responsible for providing any required privacy notices and obtaining any permissions required before sharing another person’s information.

We may share recipient information with service providers as reasonably necessary to prepare labels, deliver packages, communicate about delivery, store project files, and fulfill the order.

SECTION 35: SHOE SAMPLES

A sample pair may be requested only after the Customer reserves a customization order of at least 10 pairs.

A sample does not reserve a place in our schedule. Processing time for the remaining order will be reassessed after sample approval.

SECTION 36: CHANGES AND CUSTOMER DELAYS

Changes requested after confirmation of the Final Order File are subject to our approval and are not guaranteed. Size changes depend on availability, and address changes may not be accepted after the affected package has been processed or shipped.

Approved changes or delays in payment, approval, required information, sample approval, or address confirmation may result in additional charges, revised sourcing requirements, and extended processing or delivery times. The Customer is responsible for resulting costs, and we are not responsible for delays or other consequences caused by the Customer.

SECTION 37: ISSUES AFFECTING PART OF A BULK ORDER

Each pair in a Bulk Order will be evaluated individually. An issue affecting only certain pairs does not entitle the Customer to reject or cancel the entire order. Any remedy will be limited to the affected pairs unless a material issue affects the order as a whole.

Before rejecting an affected pair, the Customer must give us a reasonable opportunity to inspect and correct the issue when correction is reasonably possible, subject to applicable law.

SECTION 38: BULK ORDER CANCELLATION OR REDUCTION

Bulk Orders cannot be canceled after footwear sourcing or customization work begins unless we approve the cancellation in writing.

If a Bulk Order is canceled, postponed indefinitely, or materially reduced by the Customer, the Customer remains responsible for reasonable amounts associated with:

1. Footwear already ordered

2. Materials already purchased

3. Custom artwork already prepared

4. Labor already performed

5. Reserved working capacity

6. Noncancelable supplier commitments

7. Shipping and handling already incurred

8. Other reasonable costs caused by the cancellation, postponement, or reduction

Any amount retained will be reasonably related to costs incurred, work performed, and commitments made.

SECTION 39: PURCHASE ORDERS AND CUSTOMER TERMS

A Customer’s purchase order, procurement document, policy, or vendor portal does not modify these Terms. Accepting a purchase order or using a Customer’s administrative or payment system does not mean that we accept additional or conflicting terms unless we expressly agree to them in writing.

PART IV: GENERAL LEGAL PROVISIONS

SECTION 40: STANDARD OF SERVICES
We will perform the agreed cosmetic customization services with reasonable care and skill and materially in accordance with the Approved Mockup and written order documents. This standard applies to our customization work and does not make us the manufacturer of the original footwear or other item.

SECTION 41: WARRANTY DISCLAIMER

We personalize footwear and other items that have already been manufactured. We do not manufacture the underlying footwear or items.

For Customer-supplied items, we make no warranty concerning the item’s preexisting condition or its original construction, materials, sizing, fit, performance, or durability. This does not limit our obligations concerning the customization work we perform.

EXCEPT FOR THE EXPRESS OBLIGATIONS STATED IN THESE TERMS OR AN APPLICABLE WRITTEN AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES THAT MAY OTHERWISE APPLY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. THIS DISCLAIMER APPLIES ONLY WHERE PERMITTED BY LAW.

Our website and related online services are provided “as is” and “as available.” We do not guarantee that they will always be uninterrupted, secure, or error-free.

Nothing in this Section excludes or limits any warranty or legal right that cannot lawfully be excluded or limited.

SECTION 42: LIMITATION OF LIABILITY

To the fullest extent permitted by law, Joy’s Closet LLC, and its members, managers, officers, employees, contractors, agents, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, revenue, business opportunities, goodwill, event expenses, replacement-vendor costs, or third-party commitments.

Except for remedies expressly provided for Customer-supplied items, our total aggregate liability arising from an order will not exceed the amount paid to us for the specific affected item or portion of the services giving rise to the claim.

For a Bulk Order, any remedy will be limited to the affected pairs unless a material and systemic issue affects the order as a whole. If the entire Bulk Order is materially affected, our maximum aggregate liability will not exceed the amount paid to us for that Bulk Order.

These limitations apply regardless of the legal theory asserted, including contract, warranty, negligence, misrepresentation, or statute. Nothing limits liability for fraud, gross negligence, willful misconduct, personal injury, or any other liability that cannot lawfully be limited.

SECTION 43: INDEMNIFICATION

To the fullest extent permitted by law, the Customer will defend, indemnify, and hold harmless Joy’s Closet LLC, and their members, managers, employees, contractors, and agents from third-party claims, liabilities, damages, and reasonable legal expenses arising from:

-          Customer-supplied or Customer-requested intellectual property;

-          The Customer’s lack of authorization to use a logo, design, image, name, or trademark;

-          The Customer’s unlawful use or resale of a customized item;

-          The Customer’s violation of applicable law or another person’s rights; or

-          A material violation of these Terms that causes a third-party claim.

We will provide reasonable notice of a covered claim. The Customer may control the defense using qualified counsel, but may not agree to a settlement that admits fault by us or imposes an obligation on us without our written consent.

This Section does not apply to the extent a claim was caused by our negligence, gross negligence, fraud, or willful misconduct.

SECTION 44: FORCE MAJEURE

We are not responsible for a delay or failure caused by events beyond our reasonable control, including:

1. Severe weather, hurricanes, floods, fires and other natural disasters

2. Utility or communication outages

3. Government actions

4. Public emergencies

5. Labor disruptions

6. Carrier interruptions

7. Supply shortages

8. Supplier delays

9. Customs delays

10. Widespread illness

11. Acts of war or terrorism

12. Similar events beyond our reasonable control

We will use reasonable efforts to communicate material delays and resume performance.

This Section does not eliminate any cancellation, notification, consent, or refund obligation imposed by applicable law.

SECTION 45: INFORMAL DISPUTE RESOLUTION

Before beginning arbitration or litigation, other than a qualifying small-claims action, the complaining party must provide a written Notice of Dispute describing:

1. The order involved;
2. The facts giving rise to the dispute;
3. The relief requested; and
4. Any reasonably available supporting photographs, records, or documents.

A Customer must send the notice to info@joyscustoms.com. We will send any notice to the email address associated with the applicable order.

The parties will attempt in good faith to resolve the dispute for 30 days after receipt of the notice. To the extent permitted by law, applicable filing deadlines will be suspended during that 30-day period.

This requirement does not prevent either party from seeking temporary emergency relief when necessary to prevent immediate and irreparable harm.

SECTION 46: ARBITRATION NOTICE

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS THE RIGHT TO GO TO COURT, HAVE A JURY TRIAL, OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

46.1 Small Claims

Either party may bring an individual qualifying claim in small claims court instead of arbitration.

46.2 Consumer Orders

Except for an individual qualifying small claims action or request for temporary emergency relief, any dispute arising from or relating to these Terms, a Consumer Order, including these Terms as applied to that order, payment, customization, delivery, or the parties’ relationship concerning the order, will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, available at adr.org.

This subsection governs a Consumer Order even when it is also a Custom Order or Bulk Order. If an order qualifies as both a Consumer Order and another order category, this subsection controls for purposes of arbitration.

46.3 Bulk Orders and B2B Orders

Except for a qualifying small claims action or request for temporary emergency relief, any dispute arising from or relating to a B2B Order that is not a Consumer Order, including a Custom Order or Bulk Order placed for a commercial or organizational purpose, these Terms as applied to that order, a Written Agreement, proposal, payment, order processing, customization, fulfillment, shipping, or the parties’ relationship concerning the order, will be resolved by final and binding arbitration administered by the AAA under its Commercial Arbitration Rules then in effect.

46.4 Arbitrator and Location

The arbitration will be conducted by one neutral arbitrator appointed in accordance with the applicable AAA Rules.

For Consumer Orders, the arbitration locale and the location of any in-person hearing will be determined under the AAA Consumer Arbitration Rules and must be reasonably convenient to the Customer.

For B2B Orders, the arbitration locale will be Miami-Dade County, Florida, unless the parties agree otherwise.

The arbitrator may permit proceedings by video, telephone, document submission, an in-person hearing, or another appropriate method under the applicable AAA Rules.

46.5 Applicable Arbitration Law

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

Florida law governs the substantive issues in the dispute, except where federal law or another nonwaivable law controls.

46.6 Individual Proceedings

Each dispute must be resolved on an individual basis.

Neither party may bring or participate in a class action, collective action, consolidated action, private attorney general action, or representative proceeding to the fullest extent permitted by law.

The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s claim.

46.7 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY WAIVES THE RIGHT TO A JURY TRIAL FOR A DISPUTE SUBJECT TO ARBITRATION.

46.8 Fees and Remedies

Arbitration fees will be allocated under the applicable AAA Rules and applicable law.

The arbitrator may award any individual remedy available in court that is not validly limited by these Terms.

Attorneys’ fees may be awarded only when authorized by applicable law or a Written Agreement.

46.9 Temporary Relief

Either party may seek temporary or provisional relief from a court when permitted by applicable law. Seeking such relief does not waive the requirement to arbitrate the remaining dispute.
Seeking temporary relief does not waive the requirement to arbitrate the remaining dispute.

SECTION 47: GOVERNING LAW AND VENUE

These Terms and every order are governed by the laws of the State of Florida, without regard to conflict of law principles, except that the Federal Arbitration Act governs the arbitration agreement. This choice of law does not deprive a Consumer of legal protections that cannot lawfully be waived.

A claim that is not subject to arbitration and is not filed in small claims court must be brought in a state or federal court with jurisdiction in Miami-Dade County, Florida.

Each party consents to personal jurisdiction and venue in those courts.

SECTION 48: NO PERSONAL LIABILITY

Every order and agreement is entered into with Joy’s Closet LLC.

To the fullest extent permitted by law, no member, manager, owner, officer, employee, contractor, or representative of Joy’s Closet LLC will have personal liability solely because of that person’s position or relationship with the company.

No individual provides a personal guarantee unless that individual signs a separate written personal guarantee.

SECTION 49: ASSIGNMENT

The Customer may not assign or transfer an order, project, payment obligation, or right under these Terms without our prior written consent.

We may assign these Terms or an order as part of a merger, sale, restructuring, business transfer, or transfer to an affiliate or successor, provided the assignment does not materially reduce the Customer’s rights.

SECTION 50: SEVERABILITY

If any provision of these Terms is found invalid, unlawful, or unenforceable, it will be enforced to the maximum extent permitted by law or severed if necessary.

The remaining provisions will remain in effect.

If the individual-proceedings requirement or class-action waiver is unenforceable for a particular claim or requested remedy, that claim or remedy will be decided by a court of competent jurisdiction. Any remaining arbitrable claims will remain subject to arbitration.

SECTION 51: WAIVER

A failure or delay by either party to enforce a provision does not waive that provision or the right to enforce it later.

A waiver is effective only when provided in writing by the party granting it.

SECTION 52: ORDER OF PRECEDENCE

The complete agreement for an order consists of the following accepted documents, in this order of priority:

1. A Written Agreement signed or electronically accepted by both parties;
2. An accepted proposal or statement of work;
3. The final invoice and Final Order File;
4. The Approved Mockup and written design description;
5. An accepted order form, written order acceptance, or checkout record for an accepted order;
6. These Terms of Service; and
7. The applicable Refund Policy, Shipping Policy, and other order-related website policies.

A document higher on the list controls only when there is a direct conflict and only regarding the subject it addresses. All nonconflicting provisions remain effective.

The Privacy Policy separately governs our collection and handling of personal information and is not part of this order-of-precedence list.

SECTION 53: ENTIRE AGREEMENT

The documents identified in Section 52 constitute the entire agreement concerning the order and replace prior or contemporaneous discussions, statements, messages, proposals, and representations concerning the same subject.

A verbal representation does not modify the agreement unless we confirm the modification in writing.

SECTION 54: CHANGES TO THESE TERMS

We may update these Terms by posting a revised version on our website.

The version presented or made available when an order is accepted will govern that order unless both parties agree to a later version in writing.

A revision will not retroactively modify an existing order or Written Agreement without the parties’ agreement.

Revised Terms apply to future website use after their stated effective date. The then-current Terms will be presented or made available for acceptance with each future order.

SECTION 55: CONTACT INFORMATION

Questions, notices, and concerns regarding these Terms should be sent to:

Joy’s Closet LLC d/b/a Joy’s
Email: info@joyscustoms.com