Terms of Service
These Terms of Service govern your use of the SkyyRose website at skyyrose.co and any purchases you make from SkyyRose LLC. Please read them carefully before using the site or placing an order.
- Agreement & Acceptance
- Eligibility
- The Brand & Products
- Accounts & Security
- Orders & Acceptance
- Pricing & Payment
- Pre-Orders
- Shipping & Delivery
- Returns & Refunds
- Promotions, Discount Codes & Gift Cards
- Intellectual Property
- Acceptable Use / Prohibited Conduct
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Governing Law & Venue
- Dispute Resolution & Binding Arbitration
- Changes to These Terms
- General
- Contact
1. Agreement & Acceptance
By accessing or using skyyrose.co (the “Site”), creating an account, or placing an order, you agree to be legally bound by these Terms of Service (“Terms”), our Privacy Policy, and any additional policies referenced herein. These Terms form a binding contract between you and SkyyRose LLC (“SkyyRose,” “we,” “us,” or “our”), a limited liability company organized under the laws of the State of California.
If you do not agree to these Terms, you must not use the Site or purchase from us. Your continued use of the Site after any modification to these Terms constitutes your acceptance of the revised Terms.
2. Eligibility
You must be at least 18 years of age to create an account or place an order on the Site. If you are between 13 and 17 years of age, you may browse the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf, and any purchases must be completed by that parent or guardian.
We do not knowingly permit children under 13 to use the Site or create accounts. If we become aware that a child under 13 has provided personal information, we will delete it in accordance with applicable law. See our Privacy Policy for details.
By using the Site, you represent and warrant that you meet these eligibility requirements and that you have the legal capacity to enter into a binding contract.
3. The Brand & Products
SkyyRose is a luxury streetwear brand rooted in Oakland, California. We design and sell apparel and accessories across four collections: Black Rose, Love Hurts, Signature, and Kids Capsule.
We strive to represent our products accurately. However, please be aware of the following:
- Color accuracy. Product images are displayed as faithfully as possible, but actual colors may vary slightly depending on your screen’s calibration, display settings, and lighting conditions.
- Product descriptions. We make reasonable efforts to ensure product descriptions, sizing, and specifications are accurate, but we do not warrant that descriptions are error-free or complete.
- Availability. Products are offered subject to availability. We do not guarantee that any item will remain in stock or available for purchase at any given time. We reserve the right to discontinue products at any time without notice.
4. Accounts & Security
You may be required to create an account to access certain features or complete a purchase. When you create an account, you agree to:
- Provide accurate, current, and complete information.
- Keep your password and account credentials confidential and not share them with any third party.
- Notify us immediately at support@skyyrose.co if you suspect any unauthorized use of your account or any other security breach.
- Accept full responsibility for all activity that occurs under your account, whether or not you authorized it.
SkyyRose will not be liable for any loss or damage arising from your failure to keep your credentials secure. We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably suspect have been compromised.
5. Orders & Acceptance
Placing an order on the Site constitutes an offer to purchase — not a binding contract of sale. We reserve the right, in our sole discretion, to accept, decline, limit, or cancel any order for any reason, including but not limited to:
- Product unavailability or inventory errors.
- Pricing or product description errors (see Section 6).
- Suspected fraud, unauthorized use of payment methods, or violation of these Terms.
- Shipping restrictions to your location.
- Prior order history indicating abuse of our return or promotion policies.
A confirmation email does not constitute acceptance of your order. Acceptance occurs only when the order has been fulfilled and shipped. If we cancel your order after payment has been captured, we will issue a full refund to your original payment method.
We may also limit quantities per customer, per household, or per order at our discretion, particularly during limited releases and collection drops.
6. Pricing & Payment
All prices on the Site are displayed and charged in US Dollars (USD). We accept payment via Stripe and PayPal. By placing an order, you represent that you are authorized to use the payment method provided and you authorize us to charge that payment method for the full order amount, including applicable taxes and shipping fees.
Taxes
Applicable sales taxes will be calculated and displayed at checkout based on your shipping address and applicable law. You are responsible for any additional import duties, customs fees, or local taxes that may apply to international orders.
Pricing Errors
We reserve the right to correct pricing errors at any time, even after an order has been placed. If a pricing error affects your order, we will notify you as soon as practicable and offer you the option to proceed at the correct price or cancel for a full refund. We are not obligated to fulfill orders at incorrect prices.
Payment Security
Payment card data is processed directly by Stripe and PayPal and is not stored on SkyyRose servers. All payment transactions are encrypted and handled in accordance with PCI-DSS standards by our payment processors.
7. Pre-Orders
Some products may be offered for pre-order before they are available for immediate shipment. The following terms apply to all pre-order purchases:
- Charge at time of purchase. Your payment method will be charged in full at the time you place a pre-order, not when the item ships.
- Estimated ship dates. The estimated ship date for each pre-order item is displayed on the product page. These dates are estimates only and are subject to change. We will notify you of any significant changes to estimated ship dates.
- Separate shipments. Pre-order items ship separately from in-stock items in the same order.
- Cancellation window. You may cancel a pre-order for a full refund up to 48 hours before the estimated ship date shown on the product page at the time of purchase. After that window, cancellations are not accepted, but the item remains subject to our standard return policy once delivered (see our Refund & Return Policy).
To cancel a pre-order within the permitted window, contact us at support@skyyrose.co with your order number and the subject line “Pre-Order Cancellation.”
8. Shipping & Delivery
Shipping methods, estimated delivery timeframes, and rates are described in our Shipping Policy, which is incorporated into these Terms by reference. By placing an order, you agree to the terms set forth in the Shipping Policy.
Risk of loss. Risk of loss or damage to products passes to you upon delivery to the carrier. If a shipment is lost or damaged in transit, please contact us at support@skyyrose.co and we will work with you and the carrier to resolve the issue, but we are not responsible for carrier delays, losses, or damage once the package has been tendered to the carrier.
Delivery to international destinations may be subject to customs clearance processes that are outside our control and may cause delays. Import duties and taxes are the responsibility of the recipient. We are not responsible for customs holds or delays.
9. Returns & Refunds
Our return and refund process is governed in full by our Refund & Return Policy, which is incorporated into these Terms by reference. The key terms are summarized below for convenience, but the full Policy controls in the event of any conflict.
- Return window: 30 days from the date of delivery.
- Condition: Items must be unworn, in original condition, with tags attached and in original packaging.
- Non-returnable items: Final Sale items, worn or washed items, items without tags, gift cards, and customized pieces.
- US refunds: Issued within 5–7 business days of our receipt of the return, to the original payment method.
To initiate a return, contact support@skyyrose.co with your order number.
10. Promotions, Discount Codes & Gift Cards
Promotions & Discount Codes
From time to time we may offer promotional discounts, coupon codes, or limited-time pricing. Unless otherwise stated:
- Discount codes are single-use, non-transferable, and may not be combined with other offers.
- Codes are void if sold, transferred, or obtained through unauthorized means.
- We reserve the right to modify, suspend, or revoke any promotion or code at any time without notice, including in the event of suspected abuse or fraud.
- Promotions have no cash value and may not be redeemed for cash.
- Promotions apply only to eligible items as specified; exclusions may apply to sale items, limited releases, or specific collections.
Gift Cards
Gift cards (where available) are redeemable for merchandise on skyyrose.co only. Gift cards have no cash value, are non-refundable, and may not be exchanged for cash. SkyyRose is not responsible for lost, stolen, or damaged gift cards. Gift card balances not used at checkout are retained for future use and do not expire unless required by applicable law.
11. Intellectual Property
All content on the Site — including but not limited to product designs, photographs, images, graphics, illustrations, text, copy, logos, brand materials, trade dress, and the overall look and feel of the Site — is owned by or licensed to SkyyRose LLC and is protected by United States and international copyright, trademark, trade dress, and other intellectual property laws.
Trademarks
The names and marks “SkyyRose,” “SKYYROSE,” “Black Rose,” “Love Hurts,” “Signature,” and “Kids Capsule,” together with the SkyyRose logos and brand identifiers, are trademarks or service marks of SkyyRose LLC (whether registered or at common law). You may not use these marks in any manner that is likely to cause confusion, that disparages or discredits SkyyRose, or that otherwise violates applicable trademark law.
Limited Personal-Use License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes only. This license does not include:
- Any resale or commercial use of the Site or its content.
- Reproduction, duplication, copying, or distribution of any content for commercial purposes.
- Modification, adaptation, or creation of derivative works based on Site content.
- Use of any data mining, robots, scrapers, crawlers, or similar data-gathering tools on the Site.
- Downloading or copying any account information for the benefit of a third party.
Any unauthorized use of our intellectual property terminates the limited license granted above and may violate applicable law. We reserve all rights not expressly granted.
12. Acceptable Use / Prohibited Conduct
You agree not to use the Site or any related services to:
- Violate any applicable federal, state, local, or international law or regulation.
- Engage in fraud, deception, or misrepresentation of any kind, including submitting false payment information or impersonating any person or entity.
- Infringe the intellectual property rights, privacy rights, or other rights of SkyyRose or any third party.
- Transmit any unsolicited or unauthorized advertising or promotional material (spam).
- Deploy or use any automated means — including bots, scrapers, crawlers, or scripts — to access, monitor, or copy any content from the Site without our prior written consent.
- Introduce any viruses, malware, ransomware, or other harmful code or technology.
- Attempt to gain unauthorized access to any part of the Site, its servers, or any related systems or networks.
- Interfere with or disrupt the integrity or performance of the Site or the data contained therein.
- Engage in any activity that imposes an unreasonable or disproportionately large load on our infrastructure.
- Facilitate or encourage any of the above conduct.
We reserve the right to investigate and take appropriate legal action against anyone who violates these provisions, including reporting conduct to law enforcement authorities.
13. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
SKYYROSE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
- Warranties that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
- Warranties regarding the accuracy, completeness, reliability, or timeliness of any content on the Site.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SKYYROSE LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:
- Indirect, incidental, special, consequential, or punitive damages;
- Loss of profits, revenue, data, goodwill, or business opportunities;
- Damages arising from your inability to access or use the Site or any products or services;
— even if SkyyRose has been advised of the possibility of such damages and regardless of the theory of liability (contract, tort, strict liability, or otherwise).
Liability cap. In any case where liability is not excluded by law, SkyyRose’s total aggregate liability to you for any claim arising out of or relating to these Terms, the Site, or any product purchased from us will not exceed the total amount you actually paid to SkyyRose for the specific product or order giving rise to the claim.
Some jurisdictions do not allow limitations on liability for personal injury or for incidental or consequential damages, so the limitations above may not apply to you in whole or in part.
15. Indemnification
You agree to defend, indemnify, and hold harmless SkyyRose LLC and its members, managers, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to:
- Your violation of these Terms or any applicable law or regulation.
- Your use of the Site or any products purchased from us.
- Your violation of any third party’s rights, including intellectual property rights, privacy rights, or proprietary rights.
- Any content you submit, post, or transmit through the Site.
We reserve the right, at our own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses.
16. Governing Law & Venue
These Terms and any dispute or claim arising out of or relating to them or the Site (including non-contractual disputes) will be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.
Subject to the arbitration agreement in Section 17, any legal action or proceeding not subject to arbitration will be brought exclusively in the state or federal courts located in Alameda County, California. You irrevocably consent to the personal jurisdiction of such courts and waive any objection to venue in those courts.
17. Dispute Resolution & Binding Arbitration
Informal Resolution First
Before initiating formal proceedings, you agree to contact us at legal@skyyrose.co and give us at least 30 days to attempt to resolve the dispute informally. This requirement applies to both parties.
Binding Arbitration
If informal resolution fails, any and all disputes, claims, or controversies arising out of or relating to these Terms, the Site, or any product or service offered by SkyyRose (collectively, “Disputes”) will be resolved through final, binding individual arbitration, rather than in court, except as set forth in the exclusions below.
Arbitration will be conducted by the American Arbitration Association (AAA), under its then-current Consumer Arbitration Rules. The arbitration will be seated in Alameda County, California. The arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
The arbitrator has the authority to award any remedy that would be available in a court of law, but may only award relief on an individual basis.
Class Action Waiver
YOU AND SKYYROSE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If a court or arbitrator finds that this class action waiver is unenforceable, then the arbitration agreement in this section will be void and the Dispute will proceed in court as provided in Section 16.
Opt-Out Right
You may opt out of this arbitration agreement by sending written notice to legal@skyyrose.co with the subject line “Arbitration Opt-Out” within 30 days of first accepting these Terms. Your opt-out must include your name, address, and account email. If you opt out, all Disputes will be resolved in the courts specified in Section 16.
Small Claims Carve-Out
Notwithstanding the above, either party may bring an individual Dispute in small claims court if the claim qualifies and remains in small claims court.
Injunctive Relief
Nothing in this section prevents either party from seeking emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property or confidential information rights.
18. Changes to These Terms
We reserve the right to update or modify these Terms at any time. When we do, we will revise the “Last updated” date at the top of this page. For material changes, we may also provide additional notice, such as an email to the address on file or a notice on the Site.
Your continued use of the Site after any changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site. We encourage you to review these Terms periodically.
19. General
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will continue in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy, Refund & Return Policy, Shipping Policy, Cookie Policy, and any other policies expressly incorporated by reference, constitute the entire agreement between you and SkyyRose LLC with respect to the Site and your purchases, and supersede all prior or contemporaneous communications, representations, or agreements on those subjects.
No Waiver
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of SkyyRose LLC to be effective.
Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms freely, including in connection with a merger, acquisition, or sale of assets, without notice to you.
Force Majeure
SkyyRose will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, pandemics, acts of war or terrorism, labor disputes, governmental actions, internet or infrastructure outages, or supply chain disruptions.
20. Contact
If you have questions about these Terms, wish to exercise any rights, or need to send a legal notice to SkyyRose LLC, please contact us using the appropriate channel below:
| Purpose | Contact |
|---|---|
| Legal notices, intellectual property, Terms questions | legal@skyyrose.co |
| Orders, returns, shipping, general customer support | support@skyyrose.co |
| Privacy and data requests | privacy@skyyrose.co |
Mailing address for legal notices:
SkyyRose LLC
3400 Cottage Way, Suite G2, Sacramento, CA 95825