Effective Date: September 26, 2025

 

These Terms of Use (the “Terms”) govern your access to and use of the websites, mobile sites, and applications operated by Megan Phillips Design, LLC, doing business as Phillips and Phillips NYC (collectively, “Megan Phillips Design,” “MPD,” “we,” “us,” or “our”) (the “Website”). By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Website.

 

ARBITRATION & CLASS ACTION WAIVER NOTICE:
Except for certain disputes described below, you agree that disputes between you and MPD will be resolved through binding, individual arbitration, and you waive the right to participate in a class action lawsuit or class-wide arbitration. See Section 16.

 

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1. Eligibility and Use of the Website

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Website or place orders. You agree to comply with all applicable laws and to use the Website only for lawful purposes. You may not misuse the Website, interfere with its operation, or attempt unauthorized access.

 

2. Accounts

You may create an account to facilitate purchases. You are responsible for maintaining the confidentiality of your login credentials and for all activity conducted through your account. Please notify us promptly at info@phillipsnyc.com if you suspect unauthorized use. We are not responsible for losses resulting from unauthorized access to your account.

 

3. Ownership and Intellectual Property

The Website and all content made available through it, including text, graphics, logos, images, audio, video, design elements, and related intellectual property, are owned by MPD or our licensors and are protected by U.S. and international law. Except as expressly permitted, you may not copy, reproduce, modify, distribute, display, or create derivative works without prior written permission.

You agree not to use automated tools, data-mining techniques, framing, mirroring, reverse engineering, or hidden text referencing our names, trademarks, or URLs without authorization.

 

4. Products, Orders, and Pricing

Product listings are invitations to make an offer and are not binding offers by MPD. We reserve the right to accept or decline orders at our discretion, including after an order confirmation is issued. If errors occur relating to pricing, availability, or product descriptions, we may cancel affected orders and issue refunds.

Prices are displayed in U.S. dollars unless otherwise stated. Taxes, shipping, and handling fees are calculated at checkout. We may limit quantities per customer or address to preserve product integrity and availability.

 

5. Shipping and Risk of Loss

We arrange shipment through carriers of our choosing unless otherwise specified. Title and risk of loss transfer to you upon delivery of products to the carrier. Shipping dates are estimates only and are not guaranteed. We are not responsible for delays once a shipment is in transit.

For cross-border deliveries, you are the importer of record and responsible for compliance with applicable laws, including duties and taxes.

 

6. Returns and Exchanges

Returns and exchanges are subject to our Returns & Exchanges Policy, available on the Website and incorporated into these Terms by reference.

Except for items designated as final sale or otherwise non-returnable, eligible items may be returned within 14 days of delivery with valid proof of purchase, provided they are unworn, unused, unaltered, undamaged, and returned with original tags and packaging intact. Refunds are issued to the original payment method for the product price, less original shipping and handling, unless otherwise stated or required by law.

To initiate a return or exchange, please contact info@phillipsnyc.com for authorization and instructions. Unless otherwise specified, return shipping costs and risk of loss remain the customer’s responsibility until receipt.

 

7. Accuracy, Availability, and Colors

We make reasonable efforts to present accurate information; however, errors may occur, and information may change. We reserve the right to correct inaccuracies and update information at any time. Product colors and details may vary based on device display settings. Please refer to written descriptions for definitive specifications.

 

8. Changes to the Website or Terms

We may modify or discontinue the Website, or revise these Terms, at any time. The Effective Date above reflects the most current version. Your continued use of the Website after changes are posted constitutes acceptance of the revised Terms.

 

9. Acceptable Use

You agree not to use the Website for unlawful purposes, upload harmful code, disrupt functionality, collect user information without consent, circumvent security features, or infringe upon third-party rights.

 

10. User Content

If the Website permits reviews, comments, photographs, or other user-submitted content (“User Content”), you grant MPD a worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use such content in connection with operating, promoting, and improving the Website and our products. You represent that you have the rights to submit such content and that it complies with applicable law. We reserve the right to remove User Content at our discretion.

 

11. Third-Party Services and Links

The Website may contain links to third-party websites or services. We do not control or endorse these third parties and are not responsible for their content, policies, or practices. Your use of third-party services is at your own risk.

 

12. Privacy

Your use of the Website is subject to our Privacy Policy, which describes how we collect, use, and share information. Please review it carefully.

 

13. Disclaimers

THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, MPD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MPD AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR PURCHASES MADE THROUGH IT. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE AT ISSUE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not permit certain limitations, so portions of this section may not apply to you.

 

15. Indemnification

You agree to defend, indemnify, and hold harmless MPD and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from your use of the Website, your User Content, or your violation of these Terms or applicable law.

 

16. Binding Arbitration and Class Action Waiver

(a) Informal Resolution. Before initiating arbitration, you agree to attempt to resolve disputes informally by emailing info@phillipsnyc.com with “Dispute Notice” in the subject line. If unresolved after 30 days, arbitration may proceed.

(b) Agreement to Arbitrate. Except for Excluded Disputes, any dispute arising out of or relating to these Terms or the Website shall be resolved by binding, individual arbitration administered by the American Arbitration Association under its applicable rules. The Federal Arbitration Act governs this agreement.

(c) Procedures and Location. Arbitration may be conducted by video, telephone, documents-only, or in person in New York County, New York, or where you reside, subject to AAA rules.

(d) No Class Actions. Claims must be brought on an individual basis. The arbitrator may not preside over any form of representative or class proceeding.

(e) Excluded Disputes. Claims for injunctive or equitable relief, small claims actions, and disputes concerning intellectual property rights are excluded from arbitration.

(f) Opt-Out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing info@phillipsnyc.com with the subject line “Arbitration Opt-Out.”

17. DMCA and Intellectual Property Complaints

If you believe content on the Website infringes your copyright, please contact info@phillipsnyc.com with a notice including the required information under the Digital Millennium Copyright Act.

 

18. Governing Law and Venue

These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles, and by the Federal Arbitration Act where applicable. For disputes not subject to arbitration, you consent to exclusive jurisdiction in the state and federal courts located in New York County, New York.

 

19. California Notice

Under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or (800) 952-5210.

 

20. International Users

Access to the Website may not be lawful in all jurisdictions. You are responsible for compliance with local laws.

 

21. Contact

Megan Phillips Design, LLC
Doing business as Phillips and Phillips NYC
Email: info@phillipsnyc.com

 

22. Miscellaneous

Force Majeure. We are not responsible for delays or failures in performance resulting from events beyond our reasonable control, including natural disasters, labor disruptions, transportation delays, supply chain interruptions, governmental actions, or failures of utilities or communications networks.

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. These Terms, together with any policies referenced on the Website, constitute the entire agreement between you and MPD regarding use of the Website.