Terms of Service - TheStarStruckCollection

StarStruck Brand LLC – Terms of Service

Effective Date: April 29, 2025

Acceptance of Terms & Scope

This Terms of Service agreement (“Terms”) is a legally binding agreement between you (the “User”) and StarStruck Brand LLC (“StarStruck,” “we,” “us,” or “our”). By accessing or using our website at www.thestarstruckcollection.com (the “Site”) or by purchasing any products from StarStruck, you agree to be bound by these Terms. These Terms apply to all visitors and users of the Site, including those who simply browse the Site and those who make purchases. If you do not agree with any part of these Terms, you must stop using the Site immediately.

Company Information: StarStruck Brand LLC is an Arizona limited liability company that operates the Site and the StarStruck Collection brand. StarStruck Brand LLC is the successor to StarStruck Clothing LLC and has acquired this Site and related digital assets as of April 29, 2025. All references to “StarStruck” in these Terms include StarStruck Brand LLC and its predecessors and affiliates.

Disclaimer of Warranties (As-Is Sales)

All products and services provided by StarStruck are offered on an “AS IS” and “AS AVAILABLE” basis. StarStruck makes no warranties, express or implied, regarding the quality, performance, or any other aspect of the products sold or content provided on the Site. This means that we do not guarantee that our products or services will meet your expectations or that they will be free of defects. You understand and agree that your purchase and use of any StarStruck product is at your own risk. To the fullest extent permitted by law, StarStruck disclaims all warranties and conditions of any kind, whether express, implied, or statutory, including but not limited to any implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.

Shipping and Delivery

When you place an order, we will ship the products to the address you provide. Title to the products and risk of loss passes to you once we hand the products over to the shipping carrier. Shipping times for custom suits and other made-to-order items are typically between 2 and 6 weeks from the date of purchase, but this timeframe is an estimate and not a guarantee. Actual shipping and delivery times may vary due to factors such as order volume, customization requirements, or other unforeseen delays. We are not responsible for any shipping delays or failures that are outside our control (for example, delays by the carrier or customs processing for international orders).

No Returns or Refunds (All Sales Final)

All sales with StarStruck are final. We do not accept returns and we do not provide refunds or exchanges on any products, except where required by applicable law. By completing a purchase on our Site, you acknowledge and agree that you will not be entitled to a refund or return of the product. If you have any concerns or issues with your order (for example, if you receive a damaged item or an incorrect shipment), please contact us promptly and we may (at our sole discretion) attempt to assist or rectify the issue. However, any such assistance is a courtesy and does not constitute a waiver of our no-refunds policy.

Payments and Deposits

Prices for our products are listed in U.S. Dollars and are subject to change without notice. You agree to pay the full price of your order, including any applicable taxes and shipping fees, at the time of purchase unless we have explicitly agreed in writing to an alternative payment arrangement (such as a deposit or payment plan).

If you made a deposit or partial payment for a custom order before April 29, 2025, please note that such payment was to StarStruck Clothing LLC, our predecessor entity. All payments (including deposits) made on or after April 29, 2025 must be made to StarStruck Brand LLC. Unless otherwise expressly agreed in writing, any deposit you pay is non-refundable.

You are responsible for providing accurate and current billing and contact information for your order. We reserve the right to cancel or refuse any order if there is an issue with payment processing or if we suspect fraud, unauthorized activity, or any violation of law or these Terms.

User Content and Image Rights

By purchasing StarStruck products or wearing StarStruck clothing, you agree that StarStruck may use your image, likeness, and any photographs or videos of you that show you wearing or using our products for promotional and marketing purposes. You grant StarStruck Brand LLC a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display any such images or likeness of you in connection with our business, including on our Site, on our social media accounts, in advertising, and through other marketing channels. This license is granted without any compensation to you and without any further approval from you.

This provision applies to all customers, including celebrities or public figures, who wear or use StarStruck products, unless otherwise agreed in a separate written agreement. If you submit content to us or tag StarStruck in any social media content (for example, a post or photo featuring our products), you further agree that we have the right to repost or otherwise use that content as described above. You represent and warrant that our use of your image or content as permitted by these Terms will not violate the rights of any third party (for example, you confirm that you took the photo or have permission to allow us to use it).

Legacy Payments and Transition Disputes

StarStruck Brand LLC has acquired certain assets, including this Site and associated digital assets, but is not responsible for any debts, liabilities, chargebacks, refunds, or other obligations incurred by StarStruck Clothing LLC or any predecessor entity prior to April 29, 2025. You acknowledge and agree that any payment processed through a legacy payment processor or merchant account that remains temporarily connected to the Site is made at your own risk. StarStruck Brand LLC assumes no responsibility for any claims, disputes, or issues arising out of transactions processed by StarStruck Clothing LLC or any prior entity.

All payment disputes, refund requests, chargebacks, or other claims related to purchases processed through such legacy systems must be directed exclusively to the entity that received the payment. StarStruck Brand LLC is not liable for and will not resolve any such disputes. In the event of any transition-related payment issue, you agree that your sole recourse is against the entity to whom your payment was actually made.

For clarity, no relationship of successor liability is created between StarStruck Brand LLC and StarStruck Clothing LLC. StarStruck Brand LLC expressly disclaims any assumption of debts, obligations, or liabilities of StarStruck Clothing LLC or any other prior operator of the Site.

Indemnification

You agree to indemnify, defend (if we request), and hold harmless StarStruck Brand LLC, its parent company, subsidiaries, affiliates, and their respective officers, directors, employees, agents, and representatives (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

(a) your use of the Site or your purchase/use of any StarStruck products;
(b) your violation of these Terms or any applicable law;
(c) any content you submit or provide to us (including any images of you in StarStruck products that you make publicly available), and any allegation that such content infringes or violates the rights of any third party; or
(d) your fraud, willful misconduct, or negligence.

StarStruck reserves the right to assume the exclusive defense and control of any matter otherwise subject to your indemnification (at our own cost), and you agree to cooperate with our defense of such matter. You agree not to settle any claim covered by this indemnification without StarStruck’s prior written consent.

Limitation of Liability

To the fullest extent permitted by law, in no event shall StarStruck or the Indemnified Parties be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Site or your purchase or use of any products. This includes, but is not limited to, damages for loss of profits, loss of data, loss of goodwill, or business interruption, even if we have been advised of the possibility of such damages.

Our maximum aggregate liability to you for all claims arising from or related to the use of the Site or the purchase of products shall not exceed the lesser of: (i) the total amount you paid to StarStruck for the specific product or service that is the subject of the claim, or (ii) $10.00 USD. If you have not made any payment to StarStruck, then StarStruck’s total liability to you for all claims is $0. The foregoing limitations apply regardless of the legal theory of liability (contract, tort, strict liability, or otherwise) and even if any limited remedy provided in these Terms is found to have failed of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities. In such jurisdictions, the liability of StarStruck and the Indemnified Parties will be limited to the fullest extent permitted by law.

Dispute Resolution (Arbitration & Class Action Waiver)

Please read this section carefully, as it affects your legal rights. By agreeing to these Terms, you and StarStruck agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Site, or any purchase or use of StarStruck products (collectively, “Disputes”) shall be resolved through binding individual arbitration rather than in court, except for the limited exceptions provided below. You are waiving your right to a trial by jury and to participate in any class action or representative proceeding against us.

Arbitration Agreement: You and StarStruck agree to submit all Disputes to binding arbitration. The arbitration will be administered by a reputable arbitration organization, such as the American Arbitration Association (AAA), in accordance with its applicable rules for consumer disputes. The Federal Arbitration Act (FAA) and federal arbitration law govern the interpretation and enforcement of this arbitration agreement. The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this arbitration agreement is void or voidable or whether a claim is subject to arbitration. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

Class Action Waiver: You and StarStruck agree that all Disputes shall be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in any class action or class-wide arbitration against StarStruck. The arbitrator shall not have the authority to combine or aggregate the claims of more than one individual, or to otherwise preside over any form of a class or representative proceeding.

Exceptions: Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes that are within the scope of that court’s jurisdiction, provided the action remains in that court (i.e., is not transferred or appealed to a different court). In addition, either you or StarStruck may seek injunctive relief in a court of law for the limited purpose of addressing an unauthorized use or misuse of intellectual property or confidential information. Seeking injunctive relief in a court shall not be deemed a waiver of the obligation to arbitrate for other claims or a waiver of the class action waiver.

Severability of Arbitration Terms: If any part of this Dispute Resolution section (other than the Class Action Waiver) is found to be unenforceable, the remaining portions of this section will remain in effect. If the Class Action Waiver is found to be unenforceable or illegal, then the entirety of the arbitration agreement in this section shall be null and void, and any remaining Dispute shall be resolved by a court of competent jurisdiction, consistent with the governing law and jurisdiction provisions set forth in these Terms.

Data Security

We care about the security of your personal information. StarStruck uses commercially reasonable physical, technical, and administrative measures to safeguard your personal data and to maintain the security of our Site and related systems. However, no method of transmission over the internet or method of electronic storage is 100% secure, and we cannot guarantee absolute security of your information.

By using the Site, you acknowledge and accept that there is an inherent risk of unauthorized access, data breaches, or other security incidents. StarStruck will not be liable for any damages or losses resulting from a breach of security or unauthorized access to your data, except to the extent required by law. If we become aware of a data breach that affects your personal information, we will notify you as required under applicable law.

Governing Law and Jurisdiction

These Terms and any Dispute arising out of or related to these Terms or your use of the Site or products shall be governed by the laws of the State of Arizona, USA, without regard to its conflict of laws principles. You agree that any Dispute not subject to arbitration (including any permitted small claims or injunctive relief actions) shall be resolved exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to the personal jurisdiction and venue of those courts. Notwithstanding the foregoing, StarStruck retains the right to seek injunctive relief in any court of competent jurisdiction to prevent or stop infringement of intellectual property rights or other unauthorized use of our products or services.

Severability and No Waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible to fulfill its intended purpose, and if it cannot be so enforced, it shall be deemed severed from these Terms. The remaining provisions of these Terms will continue in full force and effect. The parties further agree that a court or arbitrator may modify any provision of these Terms to the extent necessary to render it enforceable and to accomplish the intent of the parties to the greatest extent possible.

No failure or delay by StarStruck in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof. Similarly, StarStruck’s waiver of a breach of any provision of these Terms shall not operate or be interpreted as a waiver of any subsequent or other breach.

Changes to Terms

StarStruck reserves the right to modify or update these Terms of Service at any time in its sole discretion. If we make material changes, we will post the updated Terms on the Site and update the “Effective Date” at the top of this page. It is your responsibility to review the Terms periodically for any updates. Your continued use of the Site or purchase of products after any changes to these Terms are posted constitutes your acceptance of those changes. If you do not agree to a change in the Terms, you must stop using the Site and our services.

By using the Site or purchasing StarStruck products, you acknowledge that you have read, understood, and agree to these Terms of Service.