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Terms of Service

OVERVIEW

POSH LLC operates this website. Throughout the website, the terms “we”, “us” and “our” refer to POSH. We offer this website, including all information, tools, and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The following Terms of Service set forth the terms and conditions under which you may use our website and services as offered by us. Please read these Terms of Service carefully before accessing or using our website. By visiting our website and purchasing something from us, you engage in our “Service” and agree to be bound by these terms of Service, including those additional terms and conditions and policies referenced herein and available by hyperlink. These Terms of Service apply to all users of the website, including, without limitation, users who are browsers, vendors, customers, merchants, and contributors of content.

 

If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

 

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after posting any changes constitutes acceptance of those changes.

Our store is hosted on WIX. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - ONLINE STORE TERMS

 

By agreeing to these Terms of Service, you must be at least of the age of majority in your state or province of residence, or of the age of majority in your state or province of residence and possess the legal authority, right and freedom to enter into these Terms as a binding agreement, and that you have given us your consent to allow any of your minor dependents to use this site.

You are not allowed to use this website and receive our services if doing so is prohibited in your country or under any applicable law or regulation.

You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).

When buying an item, you agree that:

 

  1. You are responsible for reading the total item listing before buying it.

  2. When you commit to buying an item, you enter a legally binding contract to purchase an item, and you complete the check-out payment process.

 

You must not transmit any worms or viruses or any code of a destructive nature.


A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason.


You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided without express written permission by us.

The headings in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are only responsible if the information made available on this site is accurate, complete, and current. The material on this site is provided for general information only. It should only be relied upon or used as the sole basis for making decisions by consulting primary, more accurate, complete, and timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is necessarily not current and is provided for your reference only.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

The prices we charge for our products are listed on the website. We reserve the right to change our prices for products displayed at any time without notice and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

We reserve the right at any time and without prior notice to change the services, stop providing the services or any features of the services we offer, or create limits for the services. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason or no reason, including if, in our sole determination, you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services.

 

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products may have limited quantities and are subject to return or exchange only according to our Return/Exchange Policy. We have made every effort to display the colours and images of our products that appear at the store as accurately as possible. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

 

We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.

 

We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or order.

These restrictions may include orders placed by or under the same customer account, credit card, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so we can complete your transactions and contact you as needed.

For more details, please review our Return/Exchange Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you access to third-party tools we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations, or conditions and any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also offer new services and/or features through the website (including releasing new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include third-party materials.

Third-party links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant it. We will not have any liability or responsibility for any third-party materials or websites or any other materials, products, or services of third parties.

We are not liable for any harm or damages related to purchasing or using goods, services, resources, content, or other transactions connected with any third-party websites. Please review the third-party's policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any third party's rights, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could affect the operation of the Service or any related website.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties about the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments you or any third party posted.

SECTION 10 - PERSONAL INFORMATION

Our Privacy Policy governs your submission of personal information through the store. Please refer to our Privacy Policy.

SECTION 11 – PROMOTIONAL EMAILS AND CONTENT

 

You agree to receive promotional messages and materials from us occasionally by mail, email, or any other contact form you may provide (including your phone number for calls or text messages).

If you don't want to receive such promotional materials or notices, please notify us anytime.

 

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or related website has been modified or updated.

SECTION 13–OWNERSHIP OF INTELLECTUAL PROPERTY, COPYRIGHT AND LOGOS

 

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related to it, are the exclusive property of POSH.

 

Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as outlined in the Terms of Service, you are prohibited from using the site or its content:

 

  1. For any unlawful purpose

  2. To solicit others to perform or participate in any unlawful acts

  3. To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances

  4. To infringe upon or violate our intellectual property rights or the intellectual property rights of others

  5. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability

  6. To submit false or misleading information

  7. To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet

  8. To collect or track the personal information of others

  9. To spam, phish, pharm, pretext, spider, crawl, or scrape

  10. For any obscene or immoral purpose; or

  11. To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating prohibited uses.

 

SECTION 15 - DISCLAIMER OF WARRANTIES

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time; we may remove the service for indefinite periods or cancel the service at any time without notice.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless POSH and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 - SEVERABILITY

Suppose any provision of these Terms of Service is deemed unlawful, void or unenforceable. In that case, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 - LIABILITY

To the maximum extent permitted by applicable law, in no event shall POSH, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

 

Any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of or relating to your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

To the maximum extent permitted by applicable law, POSH assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage of any nature whatsoever resulting from your access to or use of our service; and (iii) any unauthorised access to or use of our secure servers and all personal information stored therein.

SECTION 19 – TERMINATION

 

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are practical unless and until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.

If, in our sole judgment, you fail, or we suspect that you have been unable, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and accordingly may deny you access to our Services (or any part thereof).

SECTION 20 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or concerning the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Service).

Any ambiguities in interpreting these Terms of Service shall not be construed against the drafting party.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

At our sole discretion, we reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. Therefore, it is your responsibility to check our website periodically for changes.

 

Your continued use of or access to our website or the Service after posting any changes to these Terms of Service constitutes acceptance of the new terms.

 

If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

SECTION 22 - CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at info@poshdesigns.online

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