Terms of service
Welcome to our website’s web and mobile site.
These terms and conditions ( “agreement” or “terms” ) govern your use of the our website website (the “site” ), related our website mobile application(s) available to us residents (the “app(s)” ), any other written, electronic, and oral communications with our website, or any websites, pages, features, or content owned and operated by us (collectively, including the site and apps, the “services” ). You must be age 16 or older to use the services.
By using the services, you agree to these terms. If you do not agree to these terms, do not access or use the services.
Notice of arbitration provisions:
This agreement and your use of our services is subject to binding arbitration and a waiver of class action rights as detailed below. Please read the arbitration provisions carefully and do not use the services if you are unwilling to arbitrate any disputes you may have with us as provided below.
1. General
1.1 Ownership. The Site and the Apps are owned by our website. Ltd. and are licensed by our website. In the United States, the seller and payment collection entity is our website. Where applicable, “our website” , the “Company” , “we” , “us” and “our” shall refer to our website and “you” or “your” shall refer to the user of the Services.
The Services are intended to promote the Company’s products and services available in the United States. If you order products to be shipped to another country, you may be redirected to the local site of the country to which products are shipped, in which case, you will be subject to the terms of that local site.
1.2 Updates to the Terms. We reserve the right to change, modify, add or remove sections of these Terms, at any time, in our sole discretion. You are responsible for checking these Terms for any changes whenever you use the Services. By continuing to use or access any of the Services or otherwise engaging with our website after the posting of changes, you accept and agree to any such changes.
2. Use of our services
2.1 Use of Services. Subject to the terms and conditions of this Agreement, our website hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services by displaying it on your internet browser, for our Site, or on your mobile devices, for our Apps, only for the purpose of personal, non-commercial, shopping for items sold on the Site or Apps and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
2.2 Limitations on Use. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse- engineer, disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by us in advance. You agree that we may, in our sole discretion and without prior notice, terminate your access to the Services at any time with or without cause. In addition, from time to time, we may restrict access to some or all parts of the Services, including, but not limited to, the ability to upload documents, make payments, or send messages.
You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful.
Additionally, you agree not to:
use the Services for any unlawful purposes, or in a way that could violate any applicable federal, state, local, or international law or regulation;
to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose us or them to liability;
use the Services in any manner that could disable, overburden, damage, or impair the Site or Apps or any other party’s use of the Services;
use any robot, spider or other manual or automated device, process, software or means to index or access the Services for any purpose;
use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes; or
otherwise attempt to interfere with the proper working of the Service.
2.3 Account Creation and Termination. In order to access some features or services available on the Services, you will have to create a our website user account (“User Account”), including setting up a password. You may not use another person’s account or password.
You are solely responsible for protecting the confidentiality of your User Account and the information you hold for your account, including your password, as well as any and all activity that occurs under your User Account. In no event shall we be liable for any loss, theft or fraudulent use of your User Account. You agree to immediately notify us of any unauthorized use of your User Account, password, or any other breach or threatened breach of the Site or App’s security. You warrant and confirm that you will only use your own User Account or password.
If you already have an account as of the Effective Date of these Terms, your account will be administered by our website. Your Wallet (defined below) will only work in the United States. If you reside in one country but order products to be shipped to another country, you may be redirected to the site serving the country to which the products are shipped.
We reserve the right to terminate accounts and/or cancel orders in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests. You may terminate your account at any time, for any reason, by following any such instructions within the Site or App, or by contacting us as described in the “Contact Us” section below. If your Wallet (defined below) holds promotional points, promotional coupons or wallet credit at the time of termination or cancellation of your User Account, you may lose those assets, except as provided by applicable law, if you do not reach out to Customer Service .
By creating an account with us, you acknowledge that we may send you promotional or marketing emails from time to time. If you do not wish to receive those emails, please use the link provided in those emails to unsubscribe from our email list.
2.4 Wallet.
If you create a User Account, you will be provided with a our website digital wallet ( “Wallet” ) that can be used to collect and hold Wallet credits, promotional coupons, and promotional points, and to track gift cards (see details on each type below) issued by our website via the Services. The Wallet is provided as a convenience to enable you to store and/or readily access these features; you cannot load your own funds to the Wallet, and nothing held in the Wallet has any cash value except as expressly indicated below. Wallet credits, promotional coupons, promotional points, and gift cards can only be redeemed in connection with purchase of products from our website, and not for any other purpose. The Wallet is accessible via the Site or the App in the section “My Assets” of your User Account. Wallet credits, promotional coupons, promotional points, and gift cards cannot be redeemed for cash, except as may be required under applicable law. Your total My Assets balance, including Wallet credits, cannot exceed $2,000 at any time. In addition, we may further provide value limits to each of Wallet credits, gift cards, or coupons for a specific dollar amount, at our sole discretion.
Promotional Points: Promotional points are stored in your Wallet. Promotional points may be earned by participating in certain activities and by purchasing products on the Site or the App, as further detailed in Bonus Point Policy . Promotional Points are subject to expiration and cancellation by the Company. Promotional points can only be redeemed on the site through which they were granted (for example, if promotional points were granted on the our website site, then they can only be redeemed on that site).
Promotional Coupons: Coupons are subject to additional terms and conditions found in our website’s Coupon Policy , which may change from time to time with or without notice. Coupons provided to you may be subject to expiration by our website. The use of coupons granted by our website is subject to limitations as provided in connection with each promotional coupon. Promotional coupons can only be used on the site through which they were granted (for example, if a promotional coupon was granted on the our website site, then it can only be used on that site).
Wallet Credit: Wallet credit may be provided to you when you return goods in accordance with our Return Policy and choose a Wallet credit in lieu of the refund to your payment method option. In electing to receive a wallet credit instead of a refund to the payment method used for your purchase, you understand and agree that you will not receive and will no longer be able to receive a refund to your payment method or any other method. The wallet credit cannot be redeemed for cash and does not have any cash value, except as may be required under applicable law. Wallet credits can only be redeemed on the site through which the wallet credit was granted (for example, if you ordered and subsequently returned a product on the our website site and elected to receive a wallet credit, that wallet credit can only be redeemed on that site).
Gift Cards: Gift cards may be tracked under the “My Assets” section of your User Account. You can view your gift card balance by entering the gift card number and pin. Your gift card balance is the value of the gift card less any amounts that have already been redeemed for purchases, if any. Gift cards are subject to the terms and conditions set out in our website’s Gift Card Policy , which are incorporated by reference to these Terms. Gift cards provided to you free of charge as a promotion may be subject to expiration or cancellation by Company in accordance with the Gift Card Policy and the terms of any such promotional gift card. Gift cards can only be redeemed on the site through which they were purchased or provided (for example, if a gift card was purchased or provided through the our website site, then it can only be redeemed on that site).
2.5 Accurate Information; Customs. In accordance with Customs regulations, you must provide valid and accurate data when making a purchase, and it is your sole responsibility to make certain that such data is accurate. All consignee names, addresses and payer names must also be accurate and valid. If any information is missing or is incorrect, and that leads to a shipment delay or cancellation during the customs clearance process, our website will not be responsible and will not offer any compensation to you whatsoever. You hereby authorize our website and its affiliates to make statements, submit, amend and invalidate all declarations and documents necessary or useful to import goods ordered by you in your name and for your account. This includes granting to our website the power to make and receive service and deliveries, request refunds of any levies, taxes and fees relating to the importation of goods, to conduct administrative appeal and court proceedings as well as enforcement proceedings and appeals and remedies at all instances, file applications, complaints, etc. with public authorities, courts and other institutions, file, withdraw and/or waive legal remedies and appeals against judgments, orders, arbitral awards, payment orders, or any other orders and decisions of whatever kind, receive monies, valuables and documents and/or deeds in connection with the purchase, shipment, or delivery of products you purchased or caused to be purchased via the Service. It also includes the right to instruct customs agents in the name and on behalf of you and to grant sub- authorization to customs agents and/or other representatives involved in handling matters relating to the importation of goods and complying with regulations regarding the importation of goods.
3. Privacy policy
our website’s Privacy Policy applies to use of the Services, including your submission of personal information through the Services, and is herein incorporated by reference. To view our website’s Privacy Policy.
4.Errors
While we strive to provide accurate information on the Site and Apps, typographical errors, inaccuracies, or omissions that relate to pricing, product descriptions, availability, and offers may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or modify information or cancel orders if any information on the Site or the Apps is inaccurate at any time without prior notice, including after your order has been submitted. In the event we make a change to or cancel an order.
5.Purchases
5.1 Prices and Orders. All product prices listed on the Site or on the Apps are exclusive of shipping charges and local sales and use tax and other taxes or fees (where applicable) which will be charged to you separately at the applicable rate on each order. A Colorado Retail Delivery Fee will be charged to you separately at the applicable rate on each order that is to be delivered to an address in Colorado.
Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an Order Confirmation. All amounts are in U.S. dollars unless otherwise noted on the Site or in the App.
For a detailed description of our order process, please visit How to Order . Credit cards are subject to verification and authorization by the card issuer. Registered users’ purchase and order history are available in the “My Orders” section of your User Account. By clicking “Buy Now” or “Place Order” and “Continue” on the Site or Apps, you are offering to purchase products from us, the acceptance of which is in our sole discretion; such confirmation (if any) will be communicated to you in the Order Confirmation.
If you detect an error in your order after the completion of the payment process, you should immediately contact our Customer Service Platform to correct the error.
Please note single-day purchase limitations: Customers in the United States cannot currently place order(s) that exceed $800 on a single day.
5.2 Colors. We make reasonable efforts to display, as accurately as possible, the colors of our products that appear on the Services. However, because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be an accurate depiction of the color of the color of the product you selected to purchase.
5.3 QuickShip. The products sold on the Site and the App are stored at, and available to be shipped from, either a warehouse located in the United States (items shipped via the “QuickShip” ) or a warehouse located outside the United States (items shipped via the “International Shipping” ). The “QuickShip” and the “International Shipping” are herein also referred to as the “Shipping Type” . Certain products may be stored at multiple warehouses, and available to be shipped via, both the “QuickShip” and the “International Shipping” shipping type. If a product is stored at multiple warehouses, and available to be shipped via, both the “QuickShip” and the “International Shipping” shipping type, you will be asked at the point of selecting the product to also select the shipping type of which the product will be using.
5.4 Title and Shipment. Title to any purchased items fulfilled and shipped via the “International Shipping” transfers from the respective Company selling entity (i.e., our website if you are in the United States) to you as the respective customer once the items are loaded onto the international carrier outside of your country. Title to any purchased items fulfilled and shipped via the “QuickShip” transfers from the respective Company selling entity (i.e., our website if you are in the United States) to you when the products are delivered to the shipping address provided by you. Any claims arising from shortage or damage during delivery of the order by the carrier to your delivery address must be made to customer service within fourteen (14) days after your receipt of the goods. At our discretion, we will either replace the item that was damaged or lost during shipment (subject to availability and using the same shipping method without additional shipping costs, and subject to the same terms & conditions as set forth herein), or we will reimburse you the purchase price and shipping cost paid (provided that the shipping cost did not include other items that were delivered without damage).
5.5 Return of product. Most products can be returned within 45 days from the purchase date by notifying us of your decision to do so via the respective function of the Site or App. Certain products are non-returnable as specified under our Return Policy . Returns may only be made using the return shipping label we provide to you. Based on your request, we will either exchange the product or refund you the purchase price (Free return shipping will only be available for one return per purchase order). The refund will be credited either to your Wallet associated with your User Account or your original method of payment at your election. If you choose a Wallet credit, you will not be able to redeem the Wallet credit for cash, except as required under applicable law. The following items cannot be returned or exchanged: bodysuits, lingerie & sleepwear, swimwear, jewelry, and accessories (except scarves, bags, and mermaid blankets).
6.Intellectual property and ownership
6.1 Content. The Services, including all features and materials, such as the text, logos, software, scripts, data compilations, graphics, photographs, sounds, music, videos, and interactive features provided as part of the Services (collectively, “Content” ), are owned, controlled or licensed by the Company, and are protected by United States and international copyright, trademark, trade dress, patent, trade secret and other intellectual property or proprietary rights laws. You may only access the Content only as permitted under these Terms and the Privacy Policy .
6.2 our website Marks. The trademarks, service marks, icons, custom graphics, word marks and logos contained on the Site and Apps ( “Marks” ), are owned by Company or licensed to Company to use such marks or to sell products bearing such Marks. No right, title, or interest in or to any of the Marks is transferred to you and all rights not expressly granted are reserved. The Marks may not be used in connection with any product or service that is not offered by the Company in any manner that is likely to cause confusion among customers. The Marks, whether on any product offered for sale on the Site or the Apps, or appearing as a logo or text on any portion of the Site or the Apps, are not a representation that Company is the owner of any copyright or other intellectual property rights in the products offered for sale on the Site or the Apps. Company sources some of its products from third- party manufacturers and wholesalers.
6.3 Rights Reserved. The Content on the Services is intended solely for personal, non-commercial use. You may not download, copy, reproduce, distribute, transmit, broadcast, display, perform, reproduce, publish, sell, license, create derivative works from, or otherwise exploit any Content, software, products or service contained on the Site and Apps without the prior written consent of the Company or the respective owners or licensors. You may not use any of the Content to further any commercial purpose, including any advertising or advertising revenue generation on your own website, social media account or in any other form or medium. You hereby grant to our website (and its affiliates, assignees, or survivors in interest) a world-wide, perpetual, warranty-free, irrevocable license to duplicate, use, or incorporate any questions, comments, suggestions, ideas, feedback or other information about the Services that you provide to us. You further acknowledge and agree that all of the foregoing is not confidential and are subject to the Company’s review and monitoring.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein. We reserve all rights not expressly granted in and to the Content.
6.4 Reviews, Comments and Submissions. Except as otherwise provided elsewhere in this Agreement or on the Services, anything that you submit or post to the Services and/or provide to the Site or Apps, including, without limitation, picture, video, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions” ) is and will be treated as non- confidential and nonproprietary (unless such Submission is otherwise subject to our Privacy Policy ), and by submitting or posting, you agree to irrevocably license the entry and all intellectual property ( “IP” ) rights related thereto (excluding the moral rights such as authorship right) to the Company without charge and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You hereby grant to our website (and its affiliates, assignees, or survivors in interest) a world-wide, perpetual, warranty-free, irrevocable license to duplicate, use, or incorporate all your Submissions
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third-party claims. We assume no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defend and indemnify the Company against any losses caused due to the use of the Submissions for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site or Apps, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content that you post on the Site and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions or content. We may but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
Please note that you are prohibited from posting images to our Services of yourself, if you are under the age of 18, or of others who are under the age of 18.
6.5 User Generated Content Policy. When you transmit, post, upload, share, or otherwise contribute any content, including Submissions, to our Site or Apps, including but not limited to your Submissions, such contributed content shall be considered as user-generated content ( “UGC” ) to extent that such content is visible to or accessible to any other Site or App visitors or users. By accepting these Terms, you agree not to contribute any UGC that could reasonably be considered to entail, contain, provide or promote any of the following:
Sexually explicit or pornographic content;
Profanity;
derogatory, discriminatory or hateful comments or incitements against specific individuals or groups based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered;
incitements to violence or other dangerous activities;
terrorism or other criminal activities;
insensitive or offensive comments related to natural disasters, atrocities, health crisis, deaths, conflicts or other tragic events;
harassment, bullying, or threats;
dangerous products, illicit drugs, or inappropriate use or sale of tobacco and/or alcohol;
transactions in cryptocurrencies;
false medical-related claims or contents;
content that infringes intellectual property rights;
content that you are not authorized to, or don’t have a legal right to, share, post, or otherwise display; or
any other content that could be considered illegal, offensive or restricted under applicable laws or regulations.
You further acknowledge and agree that our website, in its sole discretion, may remove, block any UGC it determines violate the above requirements. Posting UGC in violation of these Terms, may lead to the suspension or subsequent termination of all or part of our Services. By accepting these Terms, you hereby acknowledge and agree to only post UGC that is appropriate for a family audience. You further acknowledge and agree that our website is not obligated to police or actively review UGC prior to its display on our website’s Sites or Apps, and that you are therefore solely responsible for the UGC you elect to post on the Sites or the Apps.
7.Third party links and resources
Our Site and Apps may contain links to third-party sites that are not owned or controlled by us. References on our Site and Apps to any names, marks, products or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.
We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services, including, but not limited to, any third-party social media or mobile app platform with which the Services operate or otherwise interact. The Company is not responsible for the acts or omission of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk and will be governed by such third party’s terms and policies (including its privacy policies). We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site or our Apps by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.
8.Text messaging program
General terms & disputes. Without limitation our text messaging program is subject to these complete terms, which contain provisions that govern how claims you and we have against each other are resolved (see legal disputes and arbitration agreement section below), including an obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with the arbitration section below.
8.1 Enrollment. You must expressly agree and consent to enroll in our website’s text messaging (SMS) program. Your consent to participate in our SMS program is not a condition of making a purchase and it is not required to use our Site, App, or Services.8.2 Opting Out. You can opt out from receiving SMS/MMS text messages by responding STOP to any message you receive in our text messaging program, or just texting STOP to the number from which you currently are receiving our text messages. In either case, you will receive one additional message confirming that your request has been processed.
8.3 Your Own Wireless Plan. Message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, contact your wireless provider.
8.4 Your Duties for Your Own Phone Number. If you enroll in our website’s SMS program, you represent that you are the account holder or customary user for the mobile telephone number that you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for notifying us at Privacy Center immediately. Neither we, our vendors, and/or any mobile carrier is liable for delayed or undelivered messages. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the U.S. Telephone Consumer Protection Act.