Terms of service

BH BOUTIQUES TERMS OF SERVICE

Welcome to BH Boutiques. We curate one-of-a-kind clothing, jewelry, and antiques, and we want your experience with us to feel as special as the pieces we find. These Terms of Service ("Terms") are the agreement between you and BH Boutiques ("we," "us," or "our") that governs your use of bhboutiques.com, the BH Boutiques mobile app for iOS and Android (together, the "Services"), and every purchase you make from us. We have done our best to write them in plain English — if anything is unclear, email us at info@bhboutiques.com and we will gladly explain.

Our Return & Exchange Policy, posted on bhboutiques.com and in our app, is part of these Terms and is incorporated by reference. Our Privacy Policy, also posted on the Services, explains how we handle your information.

1. ACCEPTANCE OF THESE TERMS

These Terms govern your use of the Services. You accept these Terms by placing an order — checkout on our site and in our app asks you to confirm your agreement to these Terms and our Return & Exchange Policy before you buy. If you do not agree to these Terms, please do not place an order or use the Services. The version of these Terms in effect at the time you place an order is the version that applies to that order.

2. ELIGIBILITY

You must be at least 18 years old and able to form a binding contract to place an order. By placing an order, you confirm that you meet this requirement. If you are under 18, you are welcome to browse, but any order must be placed by an adult.

3. OUR PRODUCTS — ONE OF A KIND BY NATURE

Most of what we sell is one of a kind: boutique clothing, jewelry, and antiques that we hand-select. When a piece sells, it is gone — that is part of what makes it special. A few things follow from that:

- Photography and color. We photograph every piece carefully, but colors and details may vary slightly from what you see on your screen because of lighting, photography conditions, and your display settings. For antiques and vintage pieces, age-consistent wear and patina are part of the piece's history and character, not defects. We describe each piece's condition as accurately as we can.

- Availability. Because most pieces are unique, an item may sell while you are browsing or checking out. In the rare event that more than one order is placed for the same one-of-a-kind piece, the first completed order receives it, and any other order will be cancelled and fully refunded.

- Pricing errors. We work hard to price accurately, but occasionally a typographical or system error results in an incorrect price. We reserve the right to correct pricing and description errors and to cancel any order placed at an incorrect price. If that happens, we will notify you and issue a prompt, full refund.

4. ORDERS AND PAYMENT

All prices are in U.S. dollars.

When you place an order, you are making an offer to purchase. We accept your order only when we ship your piece. The automatic order-confirmation email you receive after checkout acknowledges that we received your order; it is not acceptance of your order. We may decline or cancel an order before shipment for reasons including a pricing or description error, a suspected fraudulent or unauthorized payment, or an item that is no longer available. If we decline or cancel your order, we will notify you and promptly issue a full refund to your original payment method.

All payment is processed through Shopify's hosted, secure checkout. Your card details are entered directly with Shopify's payment systems and never touch our own systems. Shop Pay, Apple Pay, and Google Pay are available at checkout. Every purchase is a single, one-time transaction — we do not offer subscriptions or recurring charges.

You agree to provide accurate, current billing and shipping information, and you confirm that you are authorized to use the payment method you provide.

5. ALL SALES ARE FINAL — PLEASE READ

ALL SALES ARE FINAL. WE DO NOT OFFER RETURNS OR REFUNDS FOR CHANGE OF MIND, FIT PREFERENCE, OR STYLE PREFERENCE.

Because our pieces are one of a kind, we cannot restock or resell most of what we ship. Please choose thoughtfully, review photos and descriptions closely, and email us at info@bhboutiques.com before you buy if you have any questions about a piece — we are happy to help with details, measurements, and additional photos.

Here is what this policy does and does not cover:

- Exchanges. If there is a reasonable issue with the piece you receive, we offer exchanges, subject to our verification. Our Return & Exchange Policy explains how to start an exchange.

- Damage in transit. Our practice is to inspect each piece multiple times, photograph it, and pack it with care before it ships. If your piece arrives damaged anyway, please tell us as soon as you can — within 48 hours of delivery if possible — at info@bhboutiques.com, with photos of the item and all of the packaging. Quick reports with photos make the carrier claim much easier, and we will file that claim and make it right as described in this Section and in the Return & Exchange Policy. A later report never eliminates your rights: a piece that arrives damaged is treated as a defective piece under these Terms and under applicable law, although delay may limit what we can recover from the carrier.

- Defective items. Nothing in this final-sale policy waives or limits your rights regarding defective goods. If a piece is genuinely defective — including a piece that arrived damaged — you are entitled to a remedy: a repair, an exchange or a replacement piece of comparable value where one exists, store credit, or, where the law entitles you to one or we cannot otherwise resolve the issue, a refund to your original payment method. This is what the Song-Beverly Consumer Warranty Act and other applicable law provide, and it is what we will do. The final-sale policy applies to change-of-mind purchases; it never applies to defects.

- Wrong item, or not as described. If we sent you the wrong item, or the piece you received was materially not as described, we will fix our mistake. If we cannot provide the piece you actually ordered, you may choose a full refund to your original payment method instead of an exchange or store credit.

Careful inspection is how we care for each piece before it ships; it is not a guarantee that nothing can ever go wrong. When something does, this Section and our Return & Exchange Policy apply.

Our full Return & Exchange Policy is posted on bhboutiques.com and in our app and is incorporated into these Terms. We provide this notice, together with the final-sale notice displayed on our product pages and in your cart before you check out, under California Civil Code Section 1723.

6. SHIPPING AND RISK OF LOSS

We ship only within the United States. Delivery windows shown at checkout come from the carriers and are good-faith estimates, not guarantees. Please make sure your shipping address is complete and correct at checkout.

We bear the risk of loss while your order is in transit. Risk of loss and title pass to you when the carrier's tracking shows confirmed delivery to the shipping address you provided. If your tracking never shows delivery, contact us at info@bhboutiques.com — we will work with the carrier, and if your package is truly lost in transit, we will make it right as described in Section 5, including a full refund to your original payment method where a one-of-a-kind piece cannot be replaced. If tracking shows your package was delivered but you cannot locate it, contact us and we will help you work with the carrier.

If your order arrives damaged, please follow the process described in Section 5 and in the Return & Exchange Policy: tell us as soon as you can — within 48 hours of delivery if possible — with photos of the item and all of the packaging.

7. INTELLECTUAL PROPERTY

The Services and everything on them — including the BH Boutiques name and logos, our product photography, product descriptions, text, graphics, and the design of the site and app — are owned by or licensed to BH Boutiques and are protected by copyright, trademark, and other laws. We grant you a limited, personal, non-exclusive, non-transferable license to use the Services to browse and shop with us. You may not copy, reproduce, republish, distribute, sell, or otherwise use our photographs, descriptions, or other content for any commercial purpose without our prior written permission.

8. ACCEPTABLE USE

Please use the Services only for lawful, personal shopping. You agree not to:

- Use the Services in violation of any applicable law or these Terms.
- Place fraudulent orders or use a payment method you are not authorized to use.
- Interfere with or disrupt the operation or security of the Services.
- Use bots, scrapers, or other automated tools to access the Services or harvest content or data.
- Misrepresent your identity or impersonate any person or entity.

We may decline orders, cancel orders, or restrict access to the Services for violations of this section, to the extent permitted by law.

9. DISCLAIMERS

We stand behind the accuracy of our listings and the condition of our pieces as described. At the same time, please understand the following, each of which applies only to the extent permitted by applicable law:

- The Services themselves — the website and the app — are provided on an "as is" and "as available" basis, and we do not promise that they will be uninterrupted, error-free, or free of harmful components. This applies to the website and app only, never to the pieces you buy.

- Descriptions of antiques and vintage pieces reflect our good-faith assessment. Age-consistent wear and patina that are described or visible in listing photos are characteristics of the piece, not defects.

- Nothing in these Terms disclaims, excludes, or limits the implied warranty of merchantability or any other warranty or right that applicable law does not allow us to disclaim for consumer goods. That includes your rights under California's Song-Beverly Consumer Warranty Act and, if you live in another state, any warranty or consumer-protection right under the law of your state that applies to you notwithstanding the choice of California law in Section 12. Some states do not allow certain warranty disclaimers, so some of the above may not apply to you.

10. LIMITATION OF LIABILITY

To the extent permitted by applicable law: (a) our total liability to you for any claim arising out of or relating to an order, a product, or the Services will not exceed the amount you paid for the item or items giving rise to the claim; and (b) we will not be liable for indirect, incidental, special, or consequential damages or lost profits.

These limits do not apply to, and nothing in these Terms limits or excludes, liability that cannot be limited or excluded under applicable law. Under California law, that includes: liability for fraud, willful injury to person or property, or violation of law (California Civil Code section 1668); liability for gross negligence; liability for personal injury caused by our negligence where such a limitation is prohibited; and your non-waivable rights under the Song-Beverly Consumer Warranty Act and the Consumers Legal Remedies Act, including any incidental and consequential damages the Song-Beverly Act provides for breach of warranty. If you live in another state, these limits also do not reach any liability or right that your state's law does not allow us to limit. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some or all of the above limitations may not apply to you.

11. BILLING DISPUTES AND CHARGEBACKS

If you see a charge you do not recognize, believe you were charged incorrectly, or have any other billing concern, we ask that you contact us first at info@bhboutiques.com and give us the chance to fix it. Billing issues are almost always fastest to resolve directly with us — usually within a few business days. This is a request, not a condition: nothing in these Terms waives, limits, or delays any right you have under the Fair Credit Billing Act, any other applicable law, or your agreement with your card issuer. Never delay past a deadline your card issuer sets — your dispute rights come first.

In the interest of transparency: our practice is to inspect each piece multiple times and photograph it before it ships, and we keep those photographs along with packaging records, tracking information, and the carrier's delivery confirmation for every order. If a chargeback is filed on an order that our records show was accurately described, correctly charged, and delivered as confirmed, we will respond through the card network's dispute process with that documentation. This is not meant to discourage legitimate disputes — it is simply how we keep our small boutique fair for everyone.

12. DISPUTE RESOLUTION AND ARBITRATION

Please read this section carefully. It affects how disputes between you and BH Boutiques are resolved, and it includes an agreement to arbitrate on an individual basis, along with important exceptions and a right to opt out.

Step one — talk to us first (30 days).

Before starting arbitration or any court proceeding, you and we each agree to first try to resolve the dispute informally.

To begin, send a written description of your concern to info@bhboutiques.com. Please include:

- Your name and the email address you used with us.
- Your order number, if you have one.
- What happened, and the resolution you are seeking.

If we have a claim against you, we will send the same information to the email address associated with your order.

You and we agree to negotiate in good faith for at least 30 days from the date the notice is received before either of us begins arbitration or files a lawsuit. Most concerns are resolved at this step. Any applicable statute of limitations is tolled (paused) while this informal resolution process is pending, so starting here never costs you a claim.

Step two — binding individual arbitration.

If we cannot resolve the dispute informally, you and BH Boutiques agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any order or product — except as described in "What stays out of arbitration" below — will be resolved by final and binding arbitration on an individual basis, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at www.adr.org.

The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. The arbitrator will apply the law described under "Governing law and venue" below.

Fees. We will pay all AAA filing, administration, and arbitrator fees beyond your initial filing fee, as provided by the AAA Consumer Arbitration Rules.

Hearing format. Any in-person hearing will be held at a location reasonably convenient to you, as provided by the AAA rules. Where the rules allow, either of us may elect a hearing by telephone or video, or a decision based on written submissions.

Individual basis; class action waiver. You and we each agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate the claims of different customers and may not preside over any form of class or representative proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.

What stays out of arbitration:

- Small claims court. Either you or we may bring an individual claim in small claims court — including the small claims court where you live — if the claim qualifies there.

- Public injunctive relief. Nothing in these Terms waives your right to seek public injunctive relief under California law (McGill v. Citibank). Any claim for public injunctive relief may be pursued in a court of competent jurisdiction; all other individual claims remain subject to arbitration.

- Card-issuer billing disputes. Billing questions and payment disputes with your card issuer are addressed in Section 11. Nothing in this Section 12 — including the 30-day informal resolution step — requires you to delay, arbitrate, or forgo any billing-error dispute or other right you have under the Fair Credit Billing Act or your card agreement.

Your right to opt out (30 days). You may opt out of this arbitration agreement and the class action waiver by emailing info@bhboutiques.com within 30 days after your first purchase. No particular form or subject line is required — just tell us you are opting out and include your name and enough information for us to identify you, such as the email address you used or your order number if you have it. Opting out will not affect any other part of these Terms and will not affect how we treat you as a customer.

Governing law and venue. These Terms, and any dispute arising out of or relating to them, are governed by the laws of the State of California, without regard to conflict-of-law rules, and by applicable federal law. This choice of law does not take away any protection of the consumer law of your state of residence that applies to you notwithstanding a choice-of-law clause. Any claim that is not subject to arbitration and is not brought in small claims court will be brought in the state or federal courts located in the State of California — or, where applicable consumer law gives you the right to bring the claim in the courts of your home state, in that forum — and you and we consent to the jurisdiction of those courts.

Severability within this section. If the class action waiver is found unenforceable as to a particular claim, then that claim — and only that claim — must proceed in court rather than in arbitration, and the remainder of this section continues to apply to all other claims. If any other part of this section is found unenforceable, it will be severed, and the rest of this section remains in effect.

13. SEVERABILITY

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect. Severability of the arbitration provisions is addressed in Section 12.

14. CHANGES TO THESE TERMS

We may update these Terms from time to time — for example, to reflect changes in our practices, the Services, or the law. When we do, we will post the updated Terms on bhboutiques.com and in our app and update the "Last updated" date below. If a change is material, we will take reasonable steps to bring it to your attention on the Services.

Changes are not retroactive. The Terms in effect when you place an order govern that order, and updated Terms apply to you when you next place an order after they are posted. A material change to Section 12 (Dispute Resolution and Arbitration) will not apply to any dispute that arose before the change — and if we materially change the arbitration terms, we will provide notice and a fresh 30-day opportunity to opt out of the changed terms.

15. CONTACT US

Questions about these Terms, an order, or a piece you have your eye on? We would love to hear from you.

BH Boutiques
Website: bhboutiques.com
Email: info@bhboutiques.com

Thank you for shopping with BH Boutiques — every piece has a story, and we are glad its next chapter is with you.

Last updated: August 18, 2026
Contact: info@bhboutiques.com