Terms of Service

Welcome to https://bwpdwu.com/ (the “Website”), operated by Glenn Fitzsimmons (“we,” “us,” or “our”). These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “user”) and us, governing your access to and use of the Website, including all related services, features, content, and women’s apparel products (collectively, the “Services”) offered through the Website. By accessing, browsing, or using the Website or Services, you confirm that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy (incorporated herein by reference). If you do not agree to these Terms, you may not access or use the Website or Services.

1. Acceptance of Terms

1.1 Eligibility

To use the Services, you must be at least 18 years old (or the legal age of majority in your jurisdiction) and have the legal capacity to enter into a binding contract. If you are accessing or using the Services on behalf of a business or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and “you” shall include such entity.

1.2 Agreement to Terms

Your use of the Website or Services (including creating an account, browsing products, or placing an order) constitutes your unconditional acceptance of these Terms. We recommend reviewing these Terms and our Privacy Policy periodically to stay informed of any updates.

2. Changes to Terms and Services

We reserve the right, in our sole discretion, to modify, update, or replace these Terms at any time. When we make material changes, we will post the revised Terms on the Website with an updated “Last Updated” date. Your continued use of the Website or Services after the posting of revised Terms constitutes your acceptance of the changes.
 
We also reserve the right to:
 
  • Change, suspend, or discontinue any feature of the Services (e.g., product availability, shipping options, promotional offers) without prior notice.
  • Limit or restrict access to certain parts of the Website or Services for operational, security, or legal reasons.
     
    No changes to these Terms will apply retroactively to disputes arising before the date of the update.

3. Intellectual Property Rights

3.1 Ownership of Content

All content on the Website—including text, product images, graphics, logos, SKU information (e.g., A1001-1, A1017), product descriptions, and software used to operate the Website (collectively, “Content”)—is the exclusive property of Glenn Fitzsimmons or our licensors. This Content is protected by United States and international copyright, trademark, patent, and other intellectual property laws.

3.2 Limited License to Use

We grant you a non-exclusive, non-transferable, revocable, limited license to access and use the Website and Content for your personal, non-commercial purposes only, provided you comply with these Terms. You may not:
 
  • Reproduce, copy, modify, distribute, sell, resell, or exploit any Content for commercial use (e.g., reselling product images or descriptions on third-party platforms).
  • Frame, mirror, or embed any part of the Website (e.g., using HTML to display Website content on another site) without our prior written consent.
  • Create derivative works from the Content (e.g., editing product images to create new designs) or use automated tools (e.g., bots, scrapers) to collect or extract Content from the Website.
  • Use any trademarks, logos, or brand names displayed on the Website without our explicit written permission.
 
Unauthorized use of Content may violate intellectual property laws and result in legal action.

4. User Accounts (If Applicable)

4.1 Account Creation

If you create an account on the Website, you agree to provide accurate, complete, and up-to-date information (e.g., name, email address, shipping address). You are responsible for maintaining the confidentiality of your account username and password, and for all activities conducted under your account.

4.2 Account Security

You agree to:
 
  • Notify us immediately if you suspect unauthorized access to your account (e.g., stolen password).
  • Not share your account credentials with third parties or allow others to use your account.
     
    We are not liable for any loss or damage resulting from your failure to protect your account information.

4.3 Account Termination

We may suspend or terminate your account at any time, without prior notice, if:
 
  • You provide false or misleading information during account creation.
  • You violate these Terms or our Privacy Policy.
  • Your account is used for fraudulent or illegal activities.
     
    Upon termination, you must cease all use of the Website and Services, and we may delete your account data (subject to legal record-keeping requirements).

5. Orders and Purchases

5.1 Order Placement

When you place an order for women’s apparel products (e.g., satin maxi dresses, sequin cocktail dresses) on the Website, you submit an offer to purchase the selected products at the listed price (plus applicable taxes and shipping fees). We reserve the right to accept or reject your order for any reason, including:
 
  • Product unavailability (e.g., stock shortages).
  • Pricing errors or typos in product listings.
  • Suspected fraud or unauthorized payment.
 
We will confirm acceptance of your order by sending a confirmation email with your order details (e.g., order number, product SKUs, shipping information). A binding contract is formed only when we send this confirmation.

5.2 Payment Terms

You agree to pay the full amount specified in your order (including taxes and shipping) using the payment methods offered on the Website (e.g., credit card, debit card). All payments are processed securely through third-party payment processors—we do not store your payment card information directly (see our Privacy Policy for details).
 
If a payment is declined or fails to process, we may cancel your order or contact you to resolve the issue.

5.3 Shipping and Returns

Our shipping policy (outlined on the Website) applies to all orders. We offer free worldwide shipping and returns, with customs and duties taxes included (as stated on the Website). You must comply with our return procedures (e.g., return window, product condition requirements) to be eligible for a refund or exchange.
 
Risk of loss or damage to products passes to you once the products are delivered to your specified shipping address.

6. Disclaimer of Warranties

The Website and Services are provided “as is” and “as available,” without any express or implied warranties of any kind. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:
 
  • Implied warranties of merchantability (e.g., that products will meet your expectations or be fit for ordinary use).
  • Implied warranties of fitness for a particular purpose (e.g., that a dress will be suitable for a specific event).
  • Warranties of non-infringement (e.g., that the Website or Content will not infringe on third-party rights).
  • Warranties regarding the accuracy, completeness, or timeliness of Content (e.g., product descriptions, pricing).
 
We do not warrant that the Website will be error-free, secure, or uninterrupted, or that viruses or other harmful components will not be present. Your use of the Website and Services is at your own risk.

7. Limitation of Liability

To the fullest extent permitted by law, we and our third-party service providers (e.g., shipping carriers, payment processors) shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from or related to your use of the Website or Services, including but not limited to:
 
  • Loss of profits, revenue, or data.
  • Business interruption or damage to your reputation.
  • Losses resulting from product defects, delays in shipping, or order cancellations.
 
Our total liability to you for any direct damages (e.g., defective products) shall not exceed the total amount you paid for the specific product or service giving rise to the claim.
 
This limitation of liability applies even if we have been advised of the possibility of such damages, and shall survive the termination of these Terms or your use of the Services.

8. Third-Party Links

The Website may contain links to third-party websites (e.g., social media platforms, payment processor sites) for your convenience. These links do not constitute an endorsement of the third-party sites or their content. We have no control over third-party websites and are not responsible for their privacy practices, terms of service, or content. Your use of third-party websites is at your own risk, and you should review their terms and privacy policies before using them.

9. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay is caused by circumstances beyond our reasonable control (“Force Majeure”), including but not limited to:
 
  • Natural disasters (e.g., hurricanes, earthquakes).
  • Government actions (e.g., tariffs, export restrictions).
  • Cyberattacks, network outages, or technical failures.
  • Supply chain disruptions or stock shortages.
 
We will notify you of any Force Majeure event and use reasonable efforts to resume performance once the event ends.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Pennsylvania, United States, without regard to its conflict of laws principles.

10.2 Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the Services shall first be resolved through good-faith negotiation between you and us. If negotiation fails, the dispute shall be submitted to binding arbitration in the State of Pennsylvania, conducted in accordance with the rules of the American Arbitration Association (AAA). Arbitration shall be decided by a single arbitrator, and the award shall be final and binding on both parties.
 
You and we waive the right to a jury trial or to participate in class actions, class arbitrations, or other collective disputes. This arbitration agreement does not apply to claims that may be brought in small claims court (if eligible).

11. General Provisions

11.1 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

11.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Website and Services, superseding all prior or contemporaneous agreements, communications, or understandings (written or oral).

11.3 Assignment

You may not assign these Terms or your rights under them to any third party without our prior written consent. We may assign these Terms to a third party (e.g., in the event of a business transfer) without your consent.

11.4 Contact Us

If you have any questions, concerns, or disputes regarding these Terms or the Services, please contact us at:
 
  • Name: Glenn Fitzsimmons
  • Address: 133 Woodstream Road, Boothwyn, PA, United States
  • Email: service@bwpdwu.com
  • Phone: +1 (610) 883-1438