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PISH POSH
TERMS AND CONDITIONS OF USE
USE OF THIS SITE (the "Site"), SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE (the "Site Terms"). BY ACCESSING, BROWSING AND USING THE SITE YOU AGREE TO BE BOUND BY THE SITE TERMS AND ALL APPLICABLE LAW. IF YOU DO NOT AGREE TO BE BOUND BY THE SITE TERMS AND APPLICABLE LAW EACH TIME YOU USE THE SITE, YOU MAY NOT USE THE SITE.
RELATED POLICIES AND TERMS:
Pish Posh has adopted a Privacy Policy that You should refer to in order to fully understand how We use, collect and disclose information. To learn about Pish Posh's privacy practices, please refer to the Privacy Policy section of the Site.
MODIFICATION OF SITE TERMS:
Pish Posh reserves the right to modify these Site Terms in its sole discretion from time to time and only Pish Posh has the right to do so. If the Site Terms are changed, We will post the new terms on the Site and note the date they were last updated. Any changes or modification will be effective upon posting of the Site Terms as revised, and Your use of the Site following the posting will constitute Your acceptance of the new Site Terms.
LICENSE AND SITE ACCESS:
Pish Posh grants You a limited license to make personal use of the Site. Such grant does not include, without limitation: (a) any commercial use of the Site or any Site Materials (defined below); (b) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any Pish Posh trademarks) in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording or otherwise; (c) the collection and use of any product listings or descriptions; or (d) making derivative uses of the Site or any Site Materials. You may not use any meta tags or any other "hidden text" utilizing Pish Posh's name, trademark, or product name without our express written consent. "Site Materials" means all materials on the Site, including, without limitation, trademarks design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof. We may terminate this license and Your use of or access to the Site if You make or permit any unauthorized use of the Site. Such actions by You may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
CHANGES, MISPRINTS AND ERRORS:
Subject to applicable law, We: (a) reserve the right to change the goods advertised or offered for sale through this Site, the prices or specifications of such goods, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to You or any other person; (b) cannot guarantee that goods advertised or offered for sale on this Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not represent or warrant that the Site Materials (including without limitation product descriptions, colors or photographs) are accurate, complete, reliable, current or error-free; (e) cannot guarantee that the product You receive will exactly match the color or shape of the stone You see on Your monitor; and (f) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on this Site is inaccurate. If We do not process an order for such reason, We will advise You that the order has been cancelled and will either not charge You or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, consequently some of the provisions of this section may not apply to You.
PAYMENT:
Your purchases of Pish Posh products through this Site can be made by Visa, MasterCard, and American Express through PayPal. If the charge is not authorized or accepted, We reserve the right to cancel Your order without notice and with no further liability or obligation to You. We reserve the right to stop accepting credit cards from one or more issuers at any time. Note: There is no requirement to register with PayPal in order to make a credit card payment. However, if You already have a PayPal account (or wish to create one) You can simply pay through such account. All prices and transactions are in Canadian dollars and payments in Canadian dollars. Currency conversion is handled directly by Your credit card company.
ORDER PROCESS AND SHIPPING:
Once You complete a purchase order through this Site, We will send You an order confirmation e-mail. Pish Posh products are shipped from Ottawa, Ontario: within Canada, US and Internationally. All items are securely packaged in bubble mailers. Purchases ship within 3-5 business days of receipt of payment. Special and rush shipments are available upon request. All items ship standard delivery via Canada Post, with delivery times varying based on final destination. Shipping charges are subject to change based of current Canada Post rates. Shipping upgrades to Express Post Canada are recommended for purchases over US$ 50 and made available as an option. With Express Post Canada, Your shipment will be insured up US $100, tracked and the delivery time guaranteed. For specific pricing please refer to the individual product page’s shipping section.
GUARANTEE, RETURNS AND EXCHANGES*:
Pish Posh guarantees Your satisfaction with the products You purchase from this Site. If for some reason You are not completely satisfied, You may exchange or return Your purchase for the full amount, not including shipping. Prior to sending back any purchased items, You must first contact Pish Posh by emailing Us at
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within (7) Seven days and include your Paypal inoice number. We will contact you with further instructions. This must be done within seven (7) days from the date of the initial purchase invoice.
• Returned items must be in original, unworn and saleable condition, with tags still attached: used items are not accepted for hygiene reasons. Sale merchandise, special orders or custom pieces cannot be returned.
• Returned goods, prepaid by the purchaser, are securely packed in well padded box or bubble mailer, accompanied by a valid receipt. Merchandise returned COD will not be accepted.
• Pish Posh is not responsible for goods lost or damaged in return transit, therefore, for security reasons, it is best to send items back using recorded, registered post, and insured for invoiced value.
Provided that the foregoing conditions are met, You will be notified as soon as the returned items are received with Instructions. Shipping fees are non-refundable.
*Important - The above return terms solely apply to Pish Posh products purchased through this Site.
ORDER CHANGES OR CANCELLATIONS:
If you wish to cancel your order for any reason, please contact us at
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as soon as possible. You may cancel or change your order up to 24 hours after it has been placed, provided that we have not begun processing it.
THIRD PARTY LINKS:
Pish Posh makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from the Site, or web sites linking to the Site.
INTELLECTUAL PROPERTY:
Ownership: All Site Materials are owned by Us and others and are protected by Canadian and international copyright, trademark and other laws. Restrictions on Use: Except as stated in the Site Terms, none of the materials and intellectual property described in the Site Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without the prior written permission of Red Sofa. Subject to the Site Terms, You may electronically copy and print to hard copy portions of the Site or any Site Materials solely for Your personal, non-commercial use. Any use of the Site or any Site Materials other than as specifically authorized herein, without the prior written permission of Pish Posh - is strictly prohibited.
CHILDREN:
This Site is designed for and intended for use by adults. If You are under 18, You may use this Site only with involvement of a parent or guardian. If You are a parent or legal guardian, You must monitor and supervise the use of this Site by children, minors and others under Your care. You agree to be responsible for their use of this Site.
DISCLAIMER:
THIS SITE AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PISH POSH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT AND PRODUCT ON THIS SITE. PISH POSH DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. PISH POSH IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. PISH POSH DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF PISH POSH OR IT'S AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL PISH POSH BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION, UNDER CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PISH POSH (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED $5 OR THE COMPENSATION YOU PAID PISH POSH, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. APPLICABLE LAW, VENUE AND LIMITATION OF ACTIONS:
The Site Terms and conditions shall be governed by and construed in accordance with the laws of the Province of Ontario applicable to agreements made and entirely to be performed within the Province of Ontario, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where You access this Site, You agree that any action at law or in equity arising out of or relating to the Site Terms shall be filed and adjudicated only in the federal or provincial courts located in Ontario (Judicial District of Ottawa), and You hereby irrevocably and unconditionally consent and attorney to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these terms and conditions.
TERMINATION:
Notwithstanding any of the Site Terms, Pish Posh reserves the right, without notice and in its sole discretion, to terminate Your license to use this Site, and to block or prevent future access to and use of this Site if You violate any of the Site Terms. Upon termination, the Site Terms shall continue to apply.
CONSENT TO EMAIL COMMUNICATION:
When You visit this Site or send email to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically and agree that We may communicate with You by email or by posting notices on this Site.
SEVERABILITY:
If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of the Site Terms and shall not affect the validity and enforceability of any remaining provisions.
WAIVERS:
No waiver, express or implied, by either party of any breach of or default under the Site Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
LANGUAGE:
The parties hereto acknowledge having expressly required that the Site Terms and all related policies and terms are to be drawn up in the English language.
CONTACT US:
If You are experience difficulties in using the Site or have any questions or comments, please contact Us at
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COPYRIGHT TERMS:
The entire content of this Site, including images, logos, content and product designs are copyrighted under U.S. and Canadian copyright laws and international treaties and may not be copied or reproduced without the express written permission of Pish Posh. Re-use of any of Pish Posh editorial content and graphics online for any purpose is strictly prohibited. Provided the content and/or graphics are not modified in any way, all copyright and other notices on any copy are retained, Pish Posh is credited and written permission is granted by Pish Posh. Permission to use Pish Posh’s content is granted on a case-by-case basis. © 2008. Pish Posh. All Rights Reserved.
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Terms & Conditions 
