Terms of service

Agreement to These Terms

These Terms govern your use of silkovas.com and every purchase you make from Silkovas ("we", "us"). By using the site or placing an order, you agree to them. Section 14 contains a binding arbitration clause and a class-action waiver that affect your legal rights.

1. Who we are

Silkovas
255 SW 77th Ave, Miami, FL 33144, United States
contact@silkovas.com · +1 334-281-9559 · Monday–Friday, 9:00 AM – 5:00 PM

2. Eligibility

You must be at least 18 and able to form a binding contract. We sell to addresses in the United States only and do not ship internationally or to freight forwarders. Purchases are for personal or household use — contact us before ordering for resale.

3. Products and descriptions

We sell new, genuine, manufacturer-branded women's scarves, wraps, capes and ponchos.

We work to make every listing accurate, but specifications, images, and packaging come from manufacturers and may change without notice. Colors vary between screens. If a delivered item differs materially from its listing, it is covered by our Returns & Refunds policy at our cost.

4. Pricing

All prices are in USD ($) and exclude sales tax, which is calculated at checkout.

Prices can change at any time before you place an order. If an item is listed at an incorrect price because of a typographical or system error, we may cancel the order even after confirmation — we will tell you and refund you in full, and you may reorder at the corrected price.

5. Orders and acceptance

Your order is an offer to buy. Our confirmation email acknowledges receipt; the contract forms when we dispatch the item. Until then we may decline or cancel an order — for example, if stock is unavailable, we cannot verify your billing or shipping details, we detect suspected fraud or resale, or a pricing error occurred. Any payment taken is refunded in full.

Quantity limits may apply to promotional items. Where we run a discount code or a promotional threshold: one code per order, no retroactive application to an order already placed, and codes expire on the date stated with the offer. If a change-of-mind partial return drops an order below a promotional threshold, the benefit you received on the returned portion is deducted from the refund, and we tell you the exact figure before processing it. Nothing is deducted where the return is because an item was defective, damaged, wrong, not as described, or arrived after our stated delivery window.

6. Payment

Checkout is processed by Shopify Payments. By submitting payment details you confirm you are authorized to use the payment method. We do not receive or store your full card number. We may run address verification and fraud checks before dispatch.

7. Shipping and delivery

Governed by our Shipping Policy, incorporated here by reference: free standard shipping within the United States, 1–2 business days handling, 2–4 business days transit. Delivery estimates are not guarantees. Risk of loss passes to you when you receive the goods (Uniform Commercial Code §2-509(3), as enacted in Florida); a carrier delivery scan is evidence of receipt, not conclusive proof. Our obligations under the FTC's Mail, Internet, or Telephone Order Merchandise Rule — including the fact that our deadline is the stated dispatch window, not 30 days — are described in that policy.

8. Returns

Governed by our Returns & Refunds policy, incorporated here by reference: 30 days from delivery to request a return, new and unused condition, RMA required, refunds through Shopify Payments to the original payment method.

9. Warranties

Where a manufacturer offers a warranty on a product, that warranty is the manufacturer's own and is stated in the product information. We are a retailer, not the manufacturer, and we do not add a separate written warranty of our own. Defects reported within 30 days of delivery are handled by us under our Returns & Refunds policy.

We do not disclaim the implied warranties of merchantability or fitness for a particular purpose on the products we sell. You may have other rights which vary from state to state.

The website — as distinct from the products sold through it — is provided "as is" and "as available." We do not warrant that it will be uninterrupted, error-free, secure, or free of harmful components, and we disclaim all implied warranties as to the site itself to the fullest extent permitted by law.

Nothing in these Terms limits rights you have under applicable consumer-protection law, including the Magnuson-Moss Warranty Act. Nothing in this section or in Section 13 disclaims or limits any liability for death or personal injury arising from a defective product.

10. Care and safe use

Follow the care label sewn into each item. Textiles can catch fire: keep scarves, wraps, and capes away from open flames, heaters, and moving machinery parts. Damage caused by care that ignores the label is excluded from change-of-mind returns.

California Proposition 65. Some products sold in California carry a Proposition 65 warning from their manufacturer. Where a product requires one, the warning is shown on that product's page before you add it to your cart. For more information go to www.P65Warnings.ca.gov.

11. Acceptable use

Do not use the site to break the law, scrape or harvest data by automated means, resell without authorization, submit false orders or payment details, interfere with the site's operation or security, or upload unlawful, infringing, or misleading content. We may suspend access for any of these.

12. Intellectual property

The site's design, text, graphics, and layout are owned by Silkovas or licensed to us. Manufacturer names, logos, style numbers, and product images are the property of their respective owners and are used to identify the goods we sell — this does not imply endorsement or a partnership.

DMCA. Our designated agent to receive notifications of claimed copyright infringement under 17 U.S.C. §512(c)(2) is: Silkovas — Attn: DMCA Agent, 255 SW 77th Ave, Miami, FL 33144, United States · contact@silkovas.com · +1 334-281-9559.

Send a notice containing all six elements required by 17 U.S.C. §512(c)(3)(A) to that agent with the subject line "DMCA Notice". We will remove or disable access to material that is the subject of a compliant notice, and will notify the person who posted it. If you believe material was removed by mistake or misidentification, send a counter-notification meeting 17 U.S.C. §512(g)(3) to the same agent; we will forward it to the complaining party and, unless we receive notice that a court action has been filed within 10 business days, we will restore the material within 10 to 14 business days. It is our policy under 17 U.S.C. §512(i)(1)(A) to terminate, in appropriate circumstances, the accounts of users who are repeat infringers.

13. Limitation of liability

To the fullest extent permitted by law, Silkovas is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or loss of use, arising out of the site or any product. This exclusion does not apply to any claim for death, personal injury, or damage to your property arising from a defective product — including the medical costs, lost earnings, repair or replacement costs, and other losses flowing from it — nor to any other liability that cannot be excluded under applicable law.

Our total aggregate liability for any claim relating to an order is limited to the amount you paid for that order. This limit does not apply to any claim for death, personal injury, or damage to your property arising from a defective product, however that claim arises — including negligence, strict product liability, and breach of any express or implied warranty — and it does not apply to the medical costs, lost earnings, repair or replacement costs, and other losses flowing from such a claim. Nor does it apply to fraud, fraudulent misrepresentation, willful and wanton conduct, or any other liability that cannot be limited or excluded under applicable law. Some states do not allow these limits, so parts of this section may not apply to you.

14. Dispute resolution — arbitration and class-action waiver

Read this carefully; it affects your rights.

Talk to us first. Before starting formal proceedings, email contact@silkovas.com with a description of the dispute and the relief you want. Most matters resolve within 30 days.

Arbitration. If we cannot resolve it, any dispute arising out of or relating to these Terms or your purchase will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs this section. Arbitration takes place in Miami, or by telephone, video, or documents-only at your election.

Class-action waiver. Disputes are brought only in your individual capacity, not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any representative action.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property. Nothing in this section requires you to arbitrate, or prevents you from bringing in court, any claim arising under the Magnuson-Moss Warranty Act. Nor does anything in this section require you to arbitrate a claim for death or personal injury. These carve-outs are unconditional: we grant them as a matter of contract and do not rely on any argument that a statute compels them.

Opt out. You may reject this arbitration agreement by emailing contact@silkovas.com with "Arbitration Opt-Out", your name, and your order number within 30 days of your first purchase. Opting out does not affect any other part of these Terms.

15. Governing law

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Where Section 14 does not apply, the state and federal courts located in Miami have exclusive jurisdiction — except that you may always bring an individual small-claims action in the county where you live, and except for the Magnuson-Moss and personal-injury claims Section 14 leaves to the courts, which you may bring wherever the law allows. Mandatory consumer-protection rights under the law of your home state are unaffected.

16. General

Changes. We may update these Terms; the "Last updated" date will change. The version in force when you place an order governs that order.
Severability. If any provision is unenforceable, the rest stays in effect.
No waiver. Not enforcing a provision is not a waiver of it.
Assignment. You may not assign these Terms; we may assign them in a merger or sale of assets.
Force majeure. We are not liable for delays caused by events beyond our reasonable control, including carrier disruption, natural disaster, or supplier failure — though your rights under the Shipping Policy still apply.
Entire agreement. These Terms, together with the Privacy Policy, Your Privacy Choices, Shipping and Returns & Refunds policies, are the entire agreement between us.