Terms of Service

Last updated: August 21, 2026

1. Agreement to These Terms

These Terms of Service ("Terms") govern your access to and use of theavenuefairhope.com (the "Site"), any purchase you make from us, and any communications you receive from us, including our email and text message programs. The Site is operated by The Avenue Boutique ("The Avenue Boutique," "we," "us," or "our").

By visiting the Site, placing an order, or opting in to our messaging programs, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.

2. Who We Are

The Avenue Boutique
314 De La Mare Ave, Ste A
Fairhope, AL 36532
Phone: (251) 517-7158
Email: help@theavenuefairhope.com

3. Eligibility

You must be at least 18 years old, or the age of majority in your state of residence, to make a purchase or to enroll in our text message program. By using the Site you represent that you meet this requirement and that all information you provide is accurate and current.

4. Products, Pricing, and Availability

We make every effort to display our products and their colors accurately, but we cannot guarantee that your device's display will render colors precisely. Product descriptions, pricing, and availability are subject to change without notice, and inventory is limited. We reserve the right to limit quantities, to refuse or cancel any order, and to correct pricing or description errors — including after an order has been submitted. If we cancel an order after payment, we will issue a full refund to the original payment method. Customer-initiated returns are handled under our Return & Refund Policy, which may provide store credit or exchange rather than a refund.

5. Orders and Payment

Your order is an offer to purchase. We accept that offer when we send you an order confirmation. Payment is processed at the time of purchase through Shopify's payment providers. You are responsible for any applicable sales tax, which is calculated at checkout.

6. Shipping, Returns, and Refunds

Shipping timeframes, rates, and delivery terms are set out in our Shipping Policy. Return eligibility, timeframes, and refund handling are set out in our Return & Refund Policy. Both policies are incorporated into these Terms by reference.

7. Text Message (SMS) Program

This section governs The Avenue Boutique's text messaging program (the "Program"). By enrolling, you agree to the terms in this section.

7.1 Program Description

The Avenue Boutique offers a recurring text message program that sends promotional and transactional messages — including new arrivals, restocks, sales and special offers, event invitations, order updates, shipping notifications, and customer service replies — to the mobile number you provide. Messages are sent from The Avenue Boutique using automated technology.

7.2 How You Enroll (Consent)

Order and service messages. When you add a mobile number at checkout, or give us your number when you contact us or place an order in store, you agree that we may text you about that order — order confirmations, shipping and delivery updates, pickup and local delivery notifications, fulfillment or stock issues affecting your order, and replies to questions you send us. These messages relate to a transaction you started, so we send them whether or not you sign up for marketing texts. If you'd rather not receive them, reply STOP or contact us at help@theavenuefairhope.com and we'll take the number off order notifications.

Marketing messages. To receive promotional texts — new arrivals, restocks, sales, and event invitations — you join the Program by taking a separate, affirmative step: checking the SMS marketing consent box at checkout, submitting your mobile number through a sign-up form on our Site, texting a keyword to our number, or giving us your number in store and agreeing to receive marketing texts. Entering a phone number by itself does not enroll you in marketing messages; you have to opt in.

Consent is not required as a condition of purchase. You do not have to join the Program to buy anything from The Avenue Boutique, and declining or opting out will never affect your ability to shop with us. Consent boxes are never pre-checked, and we only message the number you personally provide. You must be at least 18 years old to enroll.

7.3 Message Frequency

Message frequency varies. You can expect to receive up to 8 marketing messages per month. You may also receive additional transactional messages related to orders you have placed — such as order confirmations, shipping updates, and replies to questions you send us — which are not part of the marketing message count.

7.4 Costs and Fees

Message and data rates may apply. The Avenue Boutique does not charge a fee to join or participate in the Program. However, your mobile carrier's standard messaging and data rates apply to every message you send and receive, including messages sent to opt out or to request help. These charges appear on your monthly mobile bill or are deducted from your prepaid balance. If you have questions about your plan's messaging and data charges, contact your wireless provider.

7.5 How to Get Help

For help at any time, reply HELP to any message from us, or contact us directly:

Email: help@theavenuefairhope.com
Phone: (251) 517-7158
Mail: 314 De La Mare Ave, Ste A, Fairhope, AL 36532

We will respond with our contact information and support details.

7.6 How to Opt Out

You can cancel the Program at any time by replying STOP to any message you receive from us. You may also reply QUIT, END, CANCEL, or UNSUBSCRIBE. After you send one of these keywords, we will send a single confirmation message and then stop sending marketing messages to that number. Opt-out requests take effect immediately.

If you want to rejoin later, sign up again through any of the methods in Section 7.2. If you need help opting out, email help@theavenuefairhope.com or call (251) 517-7158 and we will remove your number for you.

Opting out of marketing messages does not stop transactional messages relating to an order you have already placed, and does not opt you out of our email program. To unsubscribe from emails, use the unsubscribe link at the bottom of any email from us.

7.7 Program Guidelines and Carrier Terms

The Program is available on most major U.S. carriers. Carriers are not liable for delayed or undelivered messages, and neither The Avenue Boutique nor any participating carrier guarantees that messages will be delivered without delay or interruption. Delivery depends on your carrier's network, your device, and factors outside our control. Not all mobile devices or handsets are supported, and our messages may not be deliverable in all areas.

To receive messages you must have a text-capable mobile device on a supported carrier plan. If you change or deactivate your mobile number, you agree to notify us so that we do not send messages intended for you to someone else.

7.8 Your Information

We do not sell your phone number. We will not share your mobile number or your SMS consent with any third party or affiliate for their own marketing purposes. We share your number with our messaging service providers only to the extent necessary for them to deliver messages on our behalf. Our full data practices — what we collect, how we use it, who we share it with, and your rights to access or delete it — are described in our Privacy Policy.

7.9 Changes to the Program

We may change or discontinue the Program, including the types of messages sent and the message frequency, at any time. Where required, we will notify you of material changes before they take effect. Continuing to participate after a change takes effect means you accept the updated terms.

8. Email Marketing

If you subscribe to our email list, we will send you news, promotions, and updates about The Avenue Boutique. You can unsubscribe at any time using the link at the bottom of any marketing email, or by emailing help@theavenuefairhope.com.

9. Intellectual Property

All content on the Site — including text, product photography, graphics, logos, and the "The Avenue Boutique" name and marks — is owned by or licensed to The Avenue Boutique and is protected by copyright, trademark, and other laws. You may not reproduce, distribute, or create derivative works from Site content without our prior written permission.

10. Customer Content

If you submit a review, photo, comment, or other content to us or tag us on social media, you grant The Avenue Boutique a non-exclusive, royalty-free, worldwide license to use, reproduce, and display that content in connection with our marketing and the operation of the Site, with credit where appropriate. You are responsible for the content you submit and represent that you have the right to share it. We may remove any content at our discretion.

11. Prohibited Uses

You agree not to use the Site to break any law, to infringe anyone's rights, to submit false or misleading information, to upload malicious code, to scrape or harvest data, to interfere with the security of the Site, or to harass or abuse our staff or other customers. We may terminate your access for violating this section.

12. Disclaimer of Warranties

The Site and our products are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Site will be uninterrupted, secure, or error-free.

13. Limitation of Liability

To the fullest extent permitted by law, The Avenue Boutique and its owners, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site, our products, or our messaging programs. Our total liability for any claim will not exceed the amount you paid for the product giving rise to the claim. Some states do not allow certain limitations of liability, so parts of this section may not apply to you.

14. Indemnification

You agree to indemnify and hold harmless The Avenue Boutique and its owners and employees from any claim or demand, including reasonable attorneys' fees, arising out of your breach of these Terms or your violation of any law or the rights of a third party.

15. Governing Law

These Terms are governed by the laws of the State of Alabama, without regard to its conflict of law rules. Any dispute arising under these Terms will be brought in the state or federal courts located in Baldwin County, Alabama, and you consent to the jurisdiction of those courts.

16. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will stay in full effect. These Terms, together with our Privacy Policy, Shipping Policy, and Return & Refund Policy, constitute the entire agreement between you and The Avenue Boutique.

17. Changes to These Terms

We may update these Terms at any time. The current version is always posted on this page with the "Last updated" date above. Changes take effect when posted, and your continued use of the Site constitutes acceptance.

18. Contact Us

Questions about these Terms, our text message program, or anything else: