Terms and Conditions
PREGANISTA LLC d/b/a pregastyle
User Agreement and Terms and Conditions
(Last revised on September 13, 2016)
ACCEPTANCE OF TERMS AND CONDITIONS
Please read the entirety of this User Agreement and Terms and Conditions (the “Terms and Conditions”) carefully. These Terms and Conditions govern your use of the website pregastyle.com (collectively with all related web pages and subpages, this “Site”) and the services and products therein and therefrom. References hereafter to “pregastyle.com,” “PREGASTYLE,” “Preganista,” “Preganista LLC,” “we,” “us,” or “our” refer to the company Preganista LLC d/b/a PREGASTYLE.
By utilizing this Site via internet, email or other electronic communication, telephone, or in any other form, you agree to be bound by these Terms and Conditions and to any additional guidelines, restrictions, or rules that may be posted with respect to specific sections or services on this Site.
Your access to this Site is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to any and all entities who access this Site.
USE OF THIS SITE
You are granted permission to access and use this Site solely to review and order products or services offered through this Site (collectively referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the content in this Site is authorized or permitted.
You must not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way or in connection with any way which is unlawful, illegal, fraudulent, or harmful.
You must not use this Site to copy, store, host, transmit, send, use, publish, or distribute any spyware, computer virus, Trojan horse, worm, keystroke logger, or other computer software, malicious or otherwise.
You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction, and data harvesting) on or in relation to this Site.
Orders must be paid in full at time of order placement. Currently, we are accepting payment via credit card through Shopify Payments powered by Stripe. We reserve the right to cancel, revise, or add new payment methods at any time, including payments via PayPal, Amazon Payments, and Apple Pay.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site.
Once an order has been placed, there are no cancellations. Items are automatically sent to fulfilment and cannot be changed. Please confirm the accuracy of your order before submitting.
We make no guarantees regarding fulfillment time. We estimate our typical turnaround time at two business days for packaging and mailing. We will do our best to work with you to deliver your order in a quick and timely manner. If you have any special requirements, please contact us and we will try to accommodate you.
In the event the wrong Product is sent, please contact PREGASTYLE so we can take care of this issue as quickly as possible. All such issues should be sent to email@example.com.
Orders will typically be shipped via Federal Express (FedEx), UPS, or USPS, at our option. Expedited orders may be subject to different shipping. You agree that shipping for all Products is F.O.B. shipping point, with ownership transferring to you upon shipment. This means the risk of loss and title for your order passes to you when we provide your order to the carrier.
RETURNS AND REFUNDS
You have up to 14 calendar days from receipt of your order to submit a return request. All return requests should be sent to firstname.lastname@example.org. PREGASTYLE will email you a pre-paid return shipping label and deduct $8.99 for shipping costs from the amount to be refunded back to your original form of payment.
Please keep in mind the following:
- All returned Products must be in the same condition in which they were received (original tags must be attached and “New With Tags” items must still have all original tags affixed to them).
- Amounts relating to promotions and discounts will be refunded at the discounted price, not the full price.
- Shipping charges are non-refundable.
- Final sale items are non-returnable.
- Items purchased with a PREGASTYLE gift card or store credits will always be refunded in kind.
- Do not send return items in a Clutter Kit. All items included in a Clutter Kit are intended for resale and subject to a different process. PREGASTYLE cannot guarantee refundable Products sent in a Clutter Kit will be processed properly.
You will receive an email from PREGASTYLE notifying you that your refund has been processed within 1-2 business days of PREGASTYLE receiving your returns. It may take an additional 3-5 business days for your refund to be processed and post to your original payment account.
User content is any material submitted by you to this Site for any purpose. You agree that you are solely responsible for your use of user content in combination with any other images, graphics, text or other materials you incorporate into any order or submission on or to the Site. You agree to not use the Site to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, an invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. You agree to not use the Site to create any material that infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any third party (“Third Party IP”). You agree that you will not use, upload, or submit as user content any Third Party IP unless you have obtained the appropriate authorizations from the owner(s). You warrant that any user content you provide does not infringe upon any rights of any third party, including the right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your user content. Preganista LLC takes no responsibility and assumes no liability for any user content uploaded or otherwise transmitted by or to you or by or to any third-party.
When you register for an account with PREGASTYLE, you represent and warrant that you have the capacity to form a binding contract, and are providing accurate, current, and complete registration information. There is a limit of one account per person. You must be 18 or older to register for, create, or use an account.
While creating an account with PREGASTYLE, you will create a username and password. You are responsible for all use of the Site via your username and password. It is solely your responsibility to safeguard and keep confidential your username and password. Your warrant that PREGASTYLE is authorized to act on instructions received by way of your username and password.
The trademarks, names, logos, service marks, packages, and any other intellectual property (collectively “IP”) displayed on this Site are registered and unregistered IP of Preganista LLC, or are licensed by Preganista LLC. Nothing contained in these Terms and Conditions is to be construed as granting any license or right to use any IP without the prior written permission of Preganista LLC. The written content displayed on this Site is owned by its respective author and may not be reproduced in whole, or in part, without the express written permission of the author.
Unless explicitly stated, none of the public figures appearing on the Site or any Product have endorsed Preganista LLC.
Modification OF TERMS AND CONDITIONS
We reserve the right to change, add, delete, or otherwise modify these Terms and Conditions at any time in our sole discretion. Any such change will be binding and effective immediately upon posting of the revised Terms and Conditions on this Site. Your use of this Site constitutes agreement to any revision of the Terms and Conditions. We reserve the right to change prices without notice.
This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of Connecticut, without regard to its conflict of law provisions. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in Connecticut, as applicable, for any matter arising out of or relating to these Terms and Conditions, except that in actions seeking to enforce any order or any judgment of such federal or state courts located in Connecticut, such personal jurisdiction shall be nonexclusive. Our failure to enforce any of these Terms and Conditions is not a waiver of any rights. If any provisions in these Terms and Conditions is found to be invalid or unenforceable by any court of competent jurisdiction, the remaining provisions will remain in effect.
Errors, INACCURACIES, and OMISSIONS
Occasionally there may be information on the Site containing typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and change or update information or cancel orders at any time without prior notice (including after you have submitted your order), if any information is inaccurate.
We undertake no obligation to update, amend, or clarify information on the Site, including without limitation, pricing information, except as required by law. A specified update or refresh date on the Site does not indicate that all information on the Site has been modified or updated.
The obligations and liabilities in these Terms and Conditions survive the termination of these Terms and Conditions for all purposes.
These Terms and Conditions, together with any policies or operating rules posted by us on the Site, constitute the entire agreement between you and us, and govern your use of the Site. These Terms and Conditions supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
This Site is provided as is without any warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. You expressly agree that your use of this site is at your sole risk.
Indemnification AND Limitation of Liability
You agree that you will indemnify and hold harmless Preganista LLC, its successors and assigns, and its members, directors, officers, employees, and agents against any and all claims, liability, damages, and costs and expenses (including reasonable legal fees and expenses) arising out of or related to (a) your breach of these Terms and Conditions, or (b) any suit, claim, or demand arising from or relating to any user content you provided.
You agree that Preganista LLC, its successors and assigns, and its members, directors, officers, employees, and agents are not and will not be liable for any special, incidental, indirect, or consequential damages of any kind arising out of or in connection with the use or performance of this Site or of failure to provide Products ordered from this Site, including without limitation, damages arising from mistake, omission, delay, or interruption of service.
You agree that Preganista LLC’s entire liability, and your exclusive remedy, with respect to any Products provided under these Terms and Conditions and any violation of these Terms and Conditions is solely limited to the amount you paid for Products. Preganista LLC is not liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the Site, Products, or any of its services or for cost associated with substitute services.
RESERVATION OF RIGHTS
You may access the Site only as permitted under the Terms and Conditions. We reserve all rights not expressly granted in and to the Site. We reserve the right to discontinue any aspect of the Site at any time.
If you have any questions regarding these Terms and Conditions, please contact us at email@example.com.