Welcome to pinkwithin.com. We provide services to
you subject to the notices, terms, and conditions set forth in this agreement
(the "Agreement"). In addition, when you use any pinkwithin.com
service (e.g. placing an order or writing a customer review), you will be
subject to the rules, guidelines, policies, terms, and conditions applicable to
such services, and they are incorporated into this Agreement by this
reference. Pinkwithin.com reserves the right to change this site and these
terms and conditions at any time.
Accessing, browsing, or otherwise using the site
indicates your agreement to all the terms and conditions in this Agreement.
Please read this Agreement carefully before proceeding.
You represent and warrant that you are at least 18 years
old or visiting the Site under the supervision of a parent or guardian. Subject
to the terms and conditions of this Agreement, pinkwithin.com hereby
grants you a limited, revocable, non-transferable and non-exclusive license to
access and use the Site by displaying it on your internet browser only for the
purpose of shopping for personal items sold on the Site and not for any
commercial use or use on behalf of any third party, except as explicitly
permitted by pinkwithin.com in advance. Any breach of this Agreement shall
result in the immediate revocation of the license granted in this paragraph
without notice to you.
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 this Site or any portion of it unless expressly permitted by pinkwithin.com
in writing. You may not make any commercial use of any of the information
provided on the Site or make any use of the Site for the benefit of another
business unless explicitly permitted by pinkwithin.com in advance. Pinkwithin.com
reserves the right to refuse service, terminate accounts, and/or cancel orders
in its discretion, including, without limitation, if pinkwithin.com
believes that customer conduct violates applicable law or is harmful to pinkwithin.com's
interests.
You shall not upload to, distribute, or otherwise publish
through this Site 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) includes any bugs, viruses,
worms, trap doors, Trojan horses or other harmful code or properties. Pinkwithin.com
may assign you a password and account identification to enable you to access
and use certain portions of this Site. Each time you use a password or
identification, you will be deemed to be authorized to access and use the Site
in a manner consistent with the terms and conditions of this Agreement,
and pinkwithin.com has no obligation to investigate the authorization or
source of any such access or use of the Site.
You will be solely responsible for all access to and use
of this site by anyone using the password and identification originally
assigned to you whether or not such access to and use of this site is actually
authorized by you, including without limitation, all communications and
transmissions and all obligations (including, without limitation, financial
obligations) incurred through such access or use. You are solely responsible
for protecting the security and confidentiality of the password and
identification assigned to you. You shall immediately notify pinkwithin.com
of any unauthorized use of your password or identification or any other breach
or threatened breach of this Site's security. After registering, you will
receive our newsletters with information about sales, coupons, and special
promotions. You can unsubscribe by using the link from any email newsletter or
your personal subscribe setting after logged in. Default Subscription for Newsletter
for Registered Users.
Pinkwithin User Account
You warrant that your Submissions, in whole or in part,
are clear and free of any IP right infringement, disputes or third party
claims. Pinkwithin.com assumes no liability for any misuse of copyright or
any other rights of third parties by you. You undertake to defense for and
indemnify the Sponsor against any losses caused due to the use of the entries
for any purposes.
Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or
on the site, anything that you submit or post to the site and/or provide pinkwithin.com,
including, without limitation, ideas, know-how, techniques, questions, reviews,
comments, and suggestions (collectively, "Submissions") is and will
be treated as non-confidential and nonproprietary, and by submitting or
posting, you agree to irrevocably license the entry and all IP rights related
thereto (excluding the moral rights such as authorship right) to pinkwithin.com
without charge and pinkwithin.com 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. All Submissions
shall automatically become the sole and exclusive property of pinkwithin.com
and shall not be returned to you and you agree not to raise any dispute in
connection with any use of the entry by pinkwithin.com in the future.
You warrant that your Submissions, in whole or in part,
are clear and free of any IP right infringement, disputes or third party
claims. Pinkwithin.com assumes no liability for any misuse of copyright or
any other rights of third parties by you. You undertake to defense for and
indemnify the Sponsor against any losses caused due to the use of the entries
for any purposes.
In addition to the rights applicable to any Submission,
when you post comments or reviews to the site, you also grant pinkwithin.com
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 this site and that
use of your reviews, comments, or other Content by pinkwithin.com 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 pinkwithin.com or third parties as to the origin of any
Submissions or Content. Pinkwithin.com may, but shall not be obligated to
remove or edit any Submissions (including comments or reviews) for any reason.
Order Cancelation
Please kindly note that only orders that are in the paid,
processing or partially shipped status may be modified or canceled.
All other orders cannot be changed. We apologize for this
inconvenience. In the event that you wish to cancel a shipped or packed order,
please contact our dedicated support center for assistance as soon as possible.
If your order, unfortunately, cannot be canceled, we
kindly suggest that you accept the package and refer to our warranty policy for
more information.
Shipments
At pinkwithin all shipments are sent from
different warehouses and are delivered duty unpaid. Consequently, any and all
customs or import duties are charged once the parcel reaches its destination
country. If any, these charges must be paid by the customers. Should the
customers refuse the package due to import duties or taxes, they take full
liability for all the cost involved in the process. Due to customs regulations,
please note that pinkwithin cannot to declare purchased items as a
gift or list an amount lower than the actual product price.
Customer Code of Conduct Policy
At pinkwithin customer satisfaction is our top
priority. We strive to solve all customers problems in a professional and
amicable way. However, we will not tolerate any unacceptable or unreasonable
behavior towards our Customer Service Team members.
Unacceptable behavior directed towards Customer Service
staff or pinkwithin may, for example, include any of the following:
-Aggressive, abusive and threatening behavior. Examples
include any and all direct or implied threats on any communication channel;
intimidating language; personal and verbal abuse; sexist, racist, homophobic,
or derogatory remarks; rudeness; inflammatory statements; swearing; and
unsubstantiated allegations.
-Persistently making habitually demanding or vexatious
complaints, despite the matter having been fully addressed; similarly,
repeating complaints persisting despite reasonable and fair solutions being
offered in accordance with our policies.
-Asking, expecting or demanding staff to breach
established company policy guidelines, e.g. refund amount, time-frame, special
compensation, etc.; similarly, seeking an unrealistic outcome beyond the scope
of our own policies and procedures. By default, the refund amount cannot exceed
the original order amount paid to pinkwithin.
-Repeatedly changing the nature (or focus) of a complaint
or the desired outcome, part way, after a formal response has been provided.
-An excessive number of complaints compared to the total
purchase value history.
For such behavior, complainants may be advised and
formally notified of the following:
-Their language is considered offensive, abusive,
threatening, and wholly unacceptable.
-They must refrain from using such language,
intimidation, and threats.
-There will be no further exchange of correspondence on
the matter if they persist with this behavior.
-Pinkwithin reserves the right to no longer accept
orders from the customer in the future without further notice.
Complain Escalation Process
This process applies strictly to Customer Service issues.
For separate legal issues such as copyright, please view our legal page.
If the customer is dissatisfied with the solution offered
by our Customer Service, the customer may contact our Ticket Supervisor by
submitting a new ticket in "submit a formal complaint" section as
follows:
Contact us > Submit a ticket > Select Warranty
&return > Submit a formal complaint
We will respond to all complaint within 24 hours except
on weekends and public holidays.
Copyright
All text, graphics, photographs or other images, button
icons, audio clips, logos, slogans, trade names or word software and other
contents on the website of pinkwithin.com (collectively,
"Content"), belongs exclusively to pinkwithin.com or its
appropriate content suppliers. You may not use, reproduce, copy, modify,
transmit, display, publish, sell, license, publicly perform, distribute or
commercially exploit any of the Content or otherwise dispose of any of the
Content in a way not permitted by pinkwithin.com, without pinkwithin.com's
express prior written consent. The use of data mining, robots, or similar data
gathering and extraction tools on pinkwithin.com as well as the use
of pinkwithin.com trademarks or service marks in meta-tags is strictly
prohibited. You may view and use the Content only for your personal information
and for shopping and ordering on the site and for no other purpose. The
collection, arrangement, and assembly of all content on this site (the
"Compilation") belong exclusively to pinkwithin.com. You may not
use pinkwithin.com's Content or Compilation in any manner that disparages
or discredits pinkwithin.com or in any way that is likely to cause
confusion or violation of any applicable laws or regulations. All software used
on this Site (the "Software") is the property of pinkwithin.com
and/or its Software suppliers. The Content, the Compilation and the Software
are all protected under state, national and international copyright laws. All
rights not expressly granted are reserved by pinkwithin.com. Violators
will be prosecuted to the full extent of the law.
Pinkwithin.com recognizes and respects all copyrights and
trademarks. As such, any usage of television, motion picture, music, film
festival or other names or titles have no connection to pinkwithin.com and
are the sole property of the copyright or trademark holders. Our dresses are
inspired by celebrity style and are our recreations of item's worn by the
celebrities on your favorite television shows and the red carpet, however they
are not authorized, endorsed by, or connected to these shows in any way and are
not meant as infringements of any registered trademarks or copyrights.
Intellectual Property Infringement Policy
It is the policy of pinkwithin.com to take
appropriate action where necessary to uphold and recognize all relevant State,
Federal and International laws in connection with material that is claimed to
be infringing any trademark, copyright, patent and all or any other
Intellectual Property laws. If you are an intellectual property rights owner
and you believe that pinkwithin.com sells, offers for sale, or makes
available goods and/or services that infringe your intellectual property
rights, then send the following information in its entirety to [email protected]
Information required
1. An electronic or physical signature of the person
authorized to act on behalf of the owner of an exclusive that is allegedly
infringed;
2. A description of the allegedly infringing work or material;
3. A description of where the allegedly infringing material is located on the
site (product(s) URL);
4. Information reasonably sufficient to allow us to contact you, such as your
address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use
of the material is not authorized by the copyright or other proprietary right
owner, its agent, or the law;
6. Identification of the intellectual property rights that you claim are
infringed by the Website(e.g. "XYZ copyright", "ABC trademark,
Reg. No. 123456, registered 1/1/04",etc);
7. A statement by you that the above information and notification is accurate,
and under penalty of perjury, that you are the copyright owner or authorized to
act on behalf of the owner whose exclusive right is allegedly infringed.
Termination and Effect of Termination
In addition to any other legal or equitable
remedies, pinkwithin.com may, without prior notice to you, immediately
terminate the Agreement or revoke any or all of your rights granted under this
Agreement. Upon any termination of this Agreement, you shall immediately cease
all access to and use of the site and pinkwithin.com shall, in addition to
any other legal or equitable remedies, immediately revoke all password(s), and
account identification issued to you and deny your access to and use of this
Site in whole or in part. Any termination of this Agreement shall not affect
the respective rights and obligations (including without limitation, payment
obligations) of the parties arising before the date of termination. /
Disclaimer and Limitation of Liability
Except as otherwise provided in the standard terms of
sale that govern the same of each product on this site, this site, the products
offered for sale on it and the transactions conducted through it are provided
by pinkwithin.com on an "as is" basis. Pinkwithin.com makes
no presentations or warranties of any kind, express or implied, as to the
operation of the site or the information, content, materials, or products
included on this site except as provided here to the full extent permissible by
applicable law, pinkwithin.com disclaims all warranties, express or
implied, including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose, noninfringement, title, quiet enjoyment,
data accuracy, and system integration. This site may include inaccuracies,
mistakes or typographical errors. Pinkwithin.com does not warrant that the
content will be uniterrupted or error free. To the maximum extent permitted by
law, pinkwithin.com will not be liable for any damages of any kind arising
from the use of this site, including, but not limited to,indirect incidental,
punitive, exemplary, special, or consequential damages. To the maximum extent
permitted by applicable law, pinkwithin.com's total liability to you for
any damages (regardless of the foundation for the action) shall not exceed in
the aggregate the amount of fees actually paid by you to pinkwithin.com
during the month immediately preceding the act allegedly giving rise to pinkwithin.com's
liability.
Pinkwithin and/or the seller will act according with
the warranty as shown on the platform when and only when damage is in
connection with the product and has valid and confirmed manufacturing
defects. Pinkwithin and/or the seller will not be held liable or
reponsible for any damages resulting from customers improper use, personal
negligence, and/or other reasons that do not attribute to product defects.
Order Acceptance
Please note that there may be certain orders that we are
unable to accept and must cancel. Pinkwithin.com reserves the right, at
sole discretion, to refuse or cancel any order for any reason. Some situations
that may result in your order being canceled include limitations on quantities
available for purchase, inaccuracies or errors in product or pricing
information, or problems identified by our credit and fraud avoidance department.
We may also require additional verifications or information before accepting
any order. We will contact you if all or any portion of your order is canceled
or if additional information is required to accept your order.
Pinkwithin is not responsible for late deliveries
for special occasions, such as birthdays, or other events. We encourage
customers to place their order in advance to ensure there is enough time to
receive their item.
We have informed our customers of the peak Christmas
season in advance via banners and newsletters, and offered suggestions for the
final order date and shipping methods for this period. We can therefore not be
held responsible if an item does not arrive in time for Christmas.
All orders reported as "delivered" by shipping companies
are considered delivered. Pinkwithin cannot be made liable of
non-delivery in this case.
User account
For safety and security, each customer is allowed to
create only one registered account by default. For customers who attempt to
create several accounts, pinkwithin reserves the right to suspend
accounts without further notice.
Both parties agree that, following order dispatch,
transportation is the sole responsibility of the third-party logistics company.
During this stage, full ownership of the product(s) belongs to the buyer; all
associated liability and risks during transportation shall be borne by the buyer.
In accordance with Customs regulations customers must
provide valid and accurate data . All consignee names, address and payers name
should be valid. Certain countries request that the consignee submit their ID
or passport to clear the package or for payment verification purposes. It is
the customers sole responsible for the accuracy of data that they provide to
us. Should any information be incorrect and prevent any shipment or deliveries
or customs clearance, we will not held responsible and will not offer any
compensation in such cases.
Pinkwithin will always comply with the law, and we
kindly remind users to do the same. As the importer customers are responsible
to comply with all laws and regulations in their own countries. Please refer to
our privacy policy for more information.
Typographical Errors
While pinkwithin.com strives to provide accurate
product and pricing information, pricing or typographical errors may
occur. Pinkwithin.com cannot confirm the price of an item until after you
order. In the event that an item is listed at an incorrect price or with
incorrect information due to an error in pricing or product information, pinkwithin.com
shall have the right, at our sole discretion, to refuse or cancel any orders
placed for that item. In the event that an item is mis-priced, pinkwithin.com
may, at our discretion, either contact you for instructions or cancel your
order and notify you of such cancellation.
Pricing in Different Currencies
Pricing of products sold by pinkwithin.com is based
upon figures calculated in U.S. Dollars (US$). Prices displayed in other
currencies are converted from U.S. Dollars according to the most up to date
conversion rates. Due to fluctuating currency values, prices displayed in
non-U.S. denominations of currency on the Site, other than on the individual
product page, may not be the most current. Areas of the Site where non-U.S.
denominations of currency might be inaccurate include, but are not limited to,
promotional banners, promotional pages, and information on product category
pages. The price displayed on an individual product page, regardless of
currency denomination, is the current price you are liable to pay to pinkwithin.com,
excluding shipping.
Pinkwithin has no knowledge of, and is not
responsible for, any additional bank charges or exchange rate fees that are
charge by the issuing bank or a third party payment provider. These fees are
solely the customers responsibility and will not be reimbursed by pinkwithin.
Applicable Law
These conditions are governed by and construed
exclusively under law without regard to conflicts of laws principles. This
Terms of Use shall be governed by and construed in accordance with the laws of
France.
Links
This site may contain links to other sites on the
Internet that are owned and operated by third parties. You acknowledge
that pinkwithin.com is not responsible for the operation of or content
located on or through any such site.
Shipping
Pinkwithinships from different warehouses. For orders with
more than item, we may split your order into several packages according to
stock levels at our own discretion for more information please check our terms
and conditions.Thank you for your understanding.
Pinkwithin strongly recommends all customers to purchase
shipping insurance during the checkout. This ensures that if there are any
issue during the delivery process that pinkwithin will send you the
same product free of charge. If the item becomes unavailable we will offer you
alternative refund options.
Orders that do not have shipping insurance will not be
the responsibility of pinkwithin in the event that there is an issue
during the shipping process.
Whatever the customer orders is what we ship. We can not
be held liable for the customer receiving the wrong item if they placed the
wrong order.
If a delivery fails for any reason and the address sent
to was the correct address as provided by the customer, pinkwithin cannot
be held liable if a package is returned to us.
Please let us know as soon as possible if you have not
received your package. With standard shipping, after 3 months from the date we
ship your package (for Latin American we will extend this to 4 months for
postal deliveries), we will no longer be able to offer any compensation. All
expedited delivery issues must also be reported within 3 months from the
shipment date. Also kindly note that this does not apply to any packages sent
via expedited shipping methods and shown as delivered on the shipping company's
tracking site.
Remedies
You agree that pinkwithin.com's remedy at law for
any actual or threatened breach of this Agreement would be inadequate and
that pinkwithin.com shall be entitled to specific performance or
injunctive relief, or both, in addition to any damages that pinkwithin.com
may be legally entitled to recover, together with reasonable expenses of any
form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of pinkwithin.com shall be
exclusive of any other, whether at law or in equity, including, without
limitation, damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by pinkwithin.com of its
rights or remedies under these terms and conditions shall imply any obligation
to grant any similar, future or other waiver.