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Terms and Condition

Terms & Conditions:


1. Acceptance of Terms

COMPANY NAME ("Site" or "we", "us", "our"), provides public access to the our website, located online (the "Site"). The use of the our site is subject to your acceptance of this Website User Agreement ("Agreement").

By accessing, browsing, framing, using and/or linking to the Site, you become a User (defined herein) and agree to be bound by the terms of this Agreement. When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, privacy policies, or other contractual provision as noted. In the event of a conflict between any other agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this User Agreement please contact us by e-mail before using the Site.

2. Types of Users

Any person accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a "User" under this Agreement.

3. Returns

We accept returns of items within 30 days of receipt. The items must be in new (unused) condition and have all tags, packaging and seals in tact and ready for sale again.

4. Price Matching Rules

We offer a Price Match option on almost any product. We do reserve the right to decline to match a price, but in most cases we will honor price match requests with other websites.

In order to qualify for a price match consideration, the following conditions and rules must be met:

1) The product must be in-stock and ready to ship that day on the lower priced site. Backorders will not be matched and we do not match prices on items that are out of stock.
2) The item must be EXACTLY the same as the product you want to order from us. Same color, size, year, model, etc.
3) The product must be the same year. We do not price match on closeouts from previous years, scratch and dent items, blems, etc.
4) Coupons and promotional codes may not be used with price matches, either from our site or from a competitors coupon.
5) Shipping prices will be met as well in the event that the lower priced site has a more expensive shipping charge.
6) The Product must be orderable online. Online advertisements are not honored unless the product can be ordered online through a secure server with a functioning shopping cart.
7) The price match must be completed BEFORE you order the product from us. No price match requests will be honored on items that have already been ordered and/or shipped.

If your request for a price match meets all the above guidelines, feel free to give us a call and we'll let you know if we can match the price! 99.9% of the time we will!

5. Price Guarantee Information

Occasionally, you may buy an item that goes on sale in the next few days. We are more than happy to adjust your purchase price to match the new price. The adjustment will be in the form of a store credit for future use on purchases. The rules and policy are listed below:

Prices are only guaranteed for 10 days. Any order older than 15 days does not qualify for this guarantee.


To request a price adjustment, please call us at (XXX) XXX-XXXX

6. Declined Credit Card and Address No-Match Policy

If your credit card is declined or if the billing address you provide us does not match the billing address on file with your credit card, we will contact you via email to notify you. Please make sure that you provide an accurate e-mail address and check your e-mail after you place an order.

If your credit card is declined or you do not provide a correct billing address, the products that you ordered will no longer be held for you, so it is important that you respond as quickly as possible so that we do not sell out of the item you have ordered. In the event that we do sell out, your order will be put on the backorder list and we will ship it as soon as another shipment arrives.

Any order with a declined credit card or a no match on the billing address will be canceled after 30 days. After 30 days, if we have not heard from you and you wish to still receive you order, you must re-order your product. An email notification will not be sent in the event that your order is canceled after 30 days.

7. Sale Price Rules

We occasionally run sales on products.

Sale prices are only valid during the published time and may not be applied to previous orders (unless less than 10 days old, see Price Guarantee Rules).

Sale prices are not honored after a sale has ended.

If you would like more information on sales and other promotions, we suggest that you sign up for our monthly newsletter that outlines the coming sales and promotions.

8. Coupons & Special Offers

Coupons: Occasionally we offer coupons in newspapers and emails. Coupons are not cumulative with any other offer. Discounts are valid only on full priced items, not sale prices. Coupons have no cash value.

Coupons are only valid on IN STOCK items. Any item that is marked "SOLD OUT" or "OUT OF STOCK" does NOT qualify for the coupon discount. Any coupon used on an out of stock item will be voided for that particular item and only used on in stock items. If this brings your order total below the minimum for coupon qualification, your coupon will be voided all together.

Coupon Rules and Details: Coupons may NOT be applied to orders that have already been placed. The coupon must be entered at the time the order is placed. No Exceptions.

Coupons & Promotions: Each coupon code may be used only one time, per household, per order. Coupons may not be used more than once by any household, name, phone number or credit card. Invalid coupon codes or coupons used on items not covered by the specific coupon code will not be honored and the order will be shipped as is without the coupon discount. Coupons will not be honored on multiple orders. If you place multiple orders with the same coupon, only one qualifying order will receive a coupon discount. All other orders will be shipped without the coupon discounts.

10. When will I receive my Order?

We are not responsible for shipping delays that are a result of credit card/billing problems, product availability delays, or order changes made after the order has been placed. If your order is received before 3pm EST, the inventory is in stock and your credit card information matches the information you supplied with your order, the order will ship out the same day or the next day.

11. International Users

We make no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Please see more important information about International Ordering.

We currently do not ship internationally.

12. Privacy

You agree that you have read and understand the terms of the Site Privacy Policy, which can be accessed at Privacy Policy.

13. Use of the Site

You understand that this site cannot and does not guarantee that the Sites will be free of infection from viruses or other computer infections that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures (anti-virus software, etc.) and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

14.Risk: Internet Use

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE INDUVIDUALS ON THE INTERNET THAT MAY ATTEMPT TO INTERCEPT YOUR DATA TRNSMISSIONS, ANY UPLOADS OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY. ACCORDINGLY, YOU ARE SOLELY RESPONSIBLE FOR ALL OF THE RISK ASSOCIATED WITH YOUR USE OF THE SITE.

15. No Warranties

SITE DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET USER REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

SITE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE SITE CONTENT ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY.

SITE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

16. System Outages

Site periodically schedules system downtime for maintenance and other purposes because we want the Site to be available for you as often as possible. In addition, unplanned system outages also may occur. Site shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or nondelivery of information caused by such system outages. Also, we shall not have any responsibility for any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.

17. Indemnification

You agree to indemnify, defend and hold our company and its affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys' fees) resulting from (i) your use, misuse or abuse of the Site, (ii) your use of products or services provided through the Site, or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Site's defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of us.

18. Intellectual Property

The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the "Content") is the property of the site and/or its affiliates or partners, and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of the Content from the different areas of the Site solely for your personal non-commercial use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of us.

You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site. Certain Content may be licensed from third parties and all such third party Content and all intellectual property rights related to the third party Content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by us.

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of our company or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Company copyright.

19. Policy Regarding Copyright Infringement and Designation of a Copyright Agent

Our site s policy regarding copyright infringement and our designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and follows below:

Company respects the intellectual property rights of others and requires those that visit our web site to do the same. We may, in appropriate circumstances and at its discretion, remove or disable access to material on its web site or its network that infringes upon the copyright rights of others. We also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our website or users of our network repeatedly infringe on others copyrights, we may in our sole discretion terminate those individuals' rights to use our website and/or network.

If you believe that your work has been used on our web site or our network in any manner that constitutes copyright infringement, please notify our Webmaster by written notice. The notice should include the following information:

An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;

A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;

Identification of the location on our website or network of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;

Your name, address, telephone number and email address;

A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and

A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.

20. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR PROVIDING PRODUCTS OR SERVICES THROUGH THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITE (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF COMPANY OR ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO STATEMENTS ABOUT THE USE OR FUNCTIONALITY OF ANY MERCHANDISE PURCHASED THROUGH THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.

YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL COMPANIES TOTAL CUMMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID, IF ANY TO SLMS FOR THE USE OF THE SITE BY YOU OR $1.00. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF SLMS, OUR AFFILIATES, AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS.

21. Your Account and Membership Obligations

In consideration of your use of the Site you agree to: (i) provide accurate and current information about yourself as prompted by the Site (the "Registration Information"); and (ii) maintain and update the Registration Information to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and decline to permit your continued use of the Site and future access to the Site.

You are responsible for maintaining the confidentiality of your password, account number, and site membership number (collectively, "Account Information")

Returns

Your satisfaction is our primary concern at PishPoshBaby. We will gladly accept any returns on new merchandise 30 days from the date you receive your order. You will receive a full refund minus our cost of shipping the item to you.

All returns must still be in brand new condition and have all the original packaging and original contents included. UPC bar codes and tags must still be intact and attached for all returns. If item doe not arrive in this condition it may be subject to a restocking to be determined by our returns department.

Price Matching Rules

We offer a Price Match option on almost any product. We do reserve the right to decline to match a price, but in most cases we will honor price match requests with other websites.

In order to qualify for a price match consideration, the following conditions and rules must be met:

1) The product must be in-stock and ready to ship that day on the lower priced site. Backorders will not be matched and we do not match prices on items that are out of stock.

2) Seller Must be an AUTHORIZED seller. We will not price match any auction sites.

3) The item must be EXACTLY the same as the product you want to order from us. Same color, size, year, model, etc.

4) The product must be the same year. We do not price match on closeouts from previous years, scratch and dent items, blems, etc.

5) Coupons and promotional codes may not be used with price matches, either from our site or from a competitors coupon.

6) Shipping prices will be met as well in the event that the lower priced site has a more expensive shipping charge.

7) The Product must be orderable online. Online advertisements are not honored unless the product can be ordered online through a secure server with a functioning shopping cart.

8) The price match must be completed BEFORE you order the product from us. No price match requests will be honored on items that have already been ordered and/or shipped.

If your request for a price match meets all the above guidelines, feel free to give us a call and we'll let you know if we can match the price! 99.9% of the time we will!

Price Guarantee Information

Occasionally, you may buy an item that goes on sale in the next few days. We are more than happy to adjust your purchase price to match the new price. The adjustment will be in the form of a store credit for future use on purchases. The rules and policy are listed below:
Prices are only guaranteed for 10 days.

To request a price adjustment please email us at customerservice@pishposhbaby.com

Declined Credit Card and Address No-Match Policy

If your credit card is declined or if the billing address you provide us does not match the billing address on file with your credit card, we will contact you via email to notify you. Please make sure that you provide an accurate e-mail address and check your e-mail after you place an order.

If your credit card is declined or you do not provide a correct billing address, the products that you ordered will no longer be held for you, so it is important that you respond as quickly as possible so that we do not sell out of the item you have ordered. In the event that we do sell out, your order will be put on the backorder list and we will ship it as soon as another shipment arrives.

Any order with a declined credit card or a no match on the billing address will be canceled after 30 days. After 30 days, if we have not heard from you and you wish to still receive you order, you must re-order your product. An email notification will not be sent in the event that your order is canceled after 30 days.

Sale Price Rules

We occasionally run sales on products.

Sale prices are only valid during the published time and may not be applied to previous orders (unless less than 10 days old, see Price Guarantee Rules).

Sale prices are not honored after a sale has ended.

If you would like more information on sales and other promotions, we suggest that you sign up for our monthly newsletter that outlines the coming sales and promotions.

Coupons & Special Offers

Coupons: Occasionally we offer coupons in newspapers and emails. Coupons are not cumulative with any other offer. Discounts are valid only on full priced items, not sale prices. Coupons have no cash value.

Coupons are only valid on IN STOCK items. Any item that is marked "SOLD OUT" or "OUT OF STOCK" does NOT qualify for the coupon discount. Any coupon used on an out of stock item will be voided for that particular item and only used on in stock items. If this brings your order total below the minimum for coupon qualification, your coupon will be voided all together.

Coupon Rules and Details: Coupons may NOT be applied to orders that have already been placed. The coupon must be entered at the time the order is placed.

When will I receive my Order?

If your order is received, the inventory is in stock and your credit card information matches the information you supplied with your order, here is what you can expect?

We ship from the following zip code: 08701

INTERNATIONAL SHIPPING

We currently only ship to the continental USA

Free shipping of orders over $75.00 only applies to 48 states and excludes furniture orders. Please email for shipping quote to your destination.

USER CONTENT

By sharing photos on Instagram, Twitter, Facebook, and Pinterest with the hashtag #mypishposhbaby or by responding to pishposh baby's photo rights request with the hashtag #mypishposhbaby, you are agreeing to the following:

As between you and us, you own all content and information you post or share using the Site (referred to as "User Content"), such as posting or sharing comments, photos, and videos.

You grant permission to PishPosh Baby LLC a license to reproduce, display, perform, distribute, and otherwise use your User Content in connection with the Site and for other PishPosh Baby marketing purposes, including but not limited to catalogs, email, and other customer communications, store materials, social media, and other marketing. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote PishPosh Baby LLC, or the Site. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.

You promise that: You own all rights to your User Content or, alternatively, that you have the right to give PishPosh Baby LLC the rights described above; you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

PishPosh Baby may refuse to accept or transmit User Content for any reason, as well as remove User Content from the Site for any reason.
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