Terms of Service

These Terms of Service (“Terms”) govern your access to and use of thesparklingshoe.com (the “Site”) and any purchases you make from The Sparkling Shoe (“we,” “us,” or “our”). By using the Site or placing an order, you agree to these Terms, our Privacy Policy, our Return & Refund Policy, and our Shipping Policy. If you do not agree, please do not use the Site.

Eligibility

You must be at least 18 years old, or the age of majority in your state, to place an order. By placing an order you represent that you meet this requirement and that the information you provide is accurate.

Your Account

If you create an account, you are responsible for keeping your login credentials secure and for all activity that occurs under your account. Please notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms.

Products and Availability

Our products are handmade, and slight variations in color, scent, and appearance are normal and are not defects. We work to display our products accurately, but we do not warrant that product descriptions, colors, pricing, or other content are error-free, complete, or current. Products are subject to availability, and we may limit quantities or discontinue any product at any time.

Orders, Pricing, and Payment

All prices are in U.S. dollars. Applicable shipping and taxes are calculated and shown at checkout. Checkout and payment are processed by our e-commerce and payment providers.

Your order is an offer to purchase. We reserve the right to refuse or cancel any order for any reason, including suspected fraud, ordering errors, product unavailability, or errors in pricing or product information — even after an order confirmation has been sent. If we cancel an order after you have been charged, we will issue a refund for the affected items. An order confirmation acknowledges receipt of your order; it is not a guarantee that we accept it.

Custom Orders

Custom, personalized, and made-to-order items — including custom-decorated pointe shoes and keepsakes — are produced to your specifications. You are responsible for confirming the details, measurements, and specifications you provide. Once we begin production, custom orders cannot be canceled or changed, and they are final sale and non-refundable except where an item arrives defective or materially not as described. Production and delivery timelines for custom work are estimates, not guarantees.

Wholesale and B2B Orders

Wholesale and B2B purchases may be subject to minimum order quantities, account approval, and separate pricing and terms. Wholesale products are sold for resale or business use, not for personal use. Where a separate wholesale agreement, quote, or invoice applies, its terms control and supersede these Terms for that order. Returns on wholesale orders are handled on a case-by-case basis as set out in the applicable wholesale agreement or quote, except that we will always address items that are defective or not as described.

Returns, Refunds, and Shipping

Purchases are subject to our Return & Refund Policy and Shipping Policy, which are incorporated into these Terms. Please review them before ordering.

Intellectual Property

The Site and its content — including our name, logos, product names (such as Toe-tally Fresh™), designs, text, graphics, and photographs — are owned by The Sparkling Shoe or our licensors and are protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from our content without our written permission.

If you submit content such as a product review, you grant us a non-exclusive, royalty-free, worldwide license to use, display, and publish that content in connection with our business. You are responsible for the content you submit and confirm you have the right to share it.

Acceptable Use

You agree not to use the Site for any unlawful purpose, to infringe the rights of others, to submit false information, to interfere with or disrupt the Site, or to attempt to gain unauthorized access to any part of the Site or our systems.

Disclaimer of Warranties

Except as expressly stated by us or required by law, the Site and our products are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties not expressly stated, including implied warranties of merchantability and fitness for a particular purpose. Nothing in these Terms limits any rights you have under applicable law that cannot be waived, including for products that are defective.

Limitation of Liability

To the fullest extent permitted by law, The Sparkling Shoe will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site or our products. Our total liability for any claim relating to a product or order will not exceed the amount you paid for that product or order.

Indemnification

You agree to indemnify and hold harmless The Sparkling Shoe from any claims, losses, or expenses arising out of your misuse of the Site, your violation of these Terms, or your violation of any law or the rights of a third party.

Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute relating to these Terms or your purchases will be brought in the state or federal courts located in California, and you consent to their jurisdiction, except where applicable law gives you the right to bring a claim elsewhere.

Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Your continued use of the Site after changes take effect means you accept the updated Terms.

Contact Us

Questions about these Terms? Email us at orders@thesparklingshoe.com.