NOTICE: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THIS WEBSITE. DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE WITH THE TERMS & CONDITIONS PRESENT IN THIS DOCUMENT. USE OF THIS WEBSITE SIGNIFIES COMPLIANCE WITH THESE TERMS OF USE
SITE OWNERSHIP
THIS WEBSITE ("SITE") IS OWNED BY HOLLY SIMMS A LUXURY ONLINE SWIMWEAR BRAND
SITE USAGE & INFORMATION RIGHTS
THIS SITE CONTAINS ELECTRONIC INFORMATION ("PINK HOLLY INFORMATION") WHICH MAY CONSIST OF SOFTWARE, TECHNICAL INFORMATION, PRODUCT LITERATURE, PHOTOS, LAYOUT & OTHER MATERIALS. ALL INFORMATION ON THIS SITE IS THE SOLE PROPERTY OF PINK HOLLY & DOES NOT BECOME THE PROPERTY OF ANY USER BY VIRTUE OR ALLOWING USE OF THE SITE
SITE USERS MAY NOT MODIFY PINK HOLLY'S INFORMATION OBTAINED FROM THIS SITE IN ANY WAY OR REPRODUCE OR PUBLIC DISPLAY, TRANSMIT, OR DISTRIBUTE OR OTHERWISE USE THE PH INFORMATION FOR ANY COMMERCIAL OR OTHER PURPOSE. ANY USE OF THE PH INFORMATION (INCLUDING BUT NOT LIMITED TO POSTING OF PINK HOLLY INFORMATION ON A LOCAL INTRANET OR EXTRANET) FOR ANY PURPOSE IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF HOLLY. THE PH INFORMATION ON THIS SITE IS COPYRIGHTED & ANY UNAUTHORIZED USE OF ANY PINK HOLLY'S INFORMATION LOCATED ON THIS SITE MAY VIOLATE COPYRIGHT, TRADEMARK & OTHER LAWS. IF YOU FAIL TO COMPLY WITH THESE TERMS, YOUR AUTHORIZATION TO USE THIS SITE WILL BE AUTOMATICALLY TERMINATED & YOU MUST IMMEDIATELY DESTROY ANY PH INFORMATION OBTAINED FROM THIS SITE
PLEASE UNDERSTAND THAT THE LIMITATIONS PLACED ON THE USE OF PH INFORMATIONS ARE INTENDED TO PROTECT PROPRIETARY INFORMATION BELONGING TO HOLLY THAT IS ACCESSIBLE TO USERS OF THIS WEBSITE. THE LIMITATIONS DO NOT APPLY FOR EXAMPLE TO DISCUSSIONS ABOUT OUR PRODUCTS OR WEBSITE SUCH AS PROVIDING FEEDBACK ABOUT YOUR EXPERIENCE WITH OUR PRODUCTS OR SERVICES ON THIS SITE OR OTHER WEBSITES OR FORUMS OR POSTING PICTURES OF MERCHANDISE OR ITEMS FROM OUR SITE THAT YOU LIKE OR HAVE PURCHASED (SUCH AS ON OTHER SOCIAL MEDIA SITES)
INTELLECTUAL PROPERTY
THE NAMES, IMAGES & LOGOS IDENTIFYING PINK HOLLY OR ANY THIRD PARTIES & THEIR PRODUCTS & SERVICES ARE SUBJECT TO COPYRIGHT, DESIGN RIGHTS & TRADEMARKS OF PINK HOLLY AND/OR THE THIRD PARTIES. NOTHING CONTAINED IN THESE TERMS SHALL BE CONSTRUED AS CONFERRING BY IMPLICATION, ESTOPPEL OR OTHERWISE ANY LICENSE OR RIGHT TO USE ANY TRADEMARK, PATENT, DESIGN RIGHT OR COPYRIGHT OF PINK HOLLY SWIMWEAR OR ANY THIRD PARTY
APPROPRIATE, ETHICAL & LEGALLY COMPLIANT USE
BY USING THIS SITE YOU AGREE NOT TO DISRUPT OR INTERFERE WITH THE SECURITY OF OR OTHERWISE ABUSE, THE SITE, OR ANY SERVICES, SYSTEM RESOURCES, ACCOUNTS, SERVERS OR NETWORKS CONNECTED TO OR ACCESSIBLE THROUGH THE SITE OR AFFILIATED OR LINKED WEBSITES; (B) NOT TO DISRUPT OR INTERFERE WITH ANY OTHER USER'S ENJOYMENT OF THE SITE OR AFFILIATED OR LINKED WEBSITES; (C) NOT TO UPLOAD, POST OR OTHERWISE TRANSMIT THROUGH OR ON THIS SITE ANY VIRUSES OR OTHER HARMFUL, DISRUPTIVE OR DESTRUCTIVE FILES; (D) NOT TO USE OR ATTEMPT TO USE ANOTHER'S ACCOUNT, SERVICE OR SYSTEM WITHOUT AUTHORIZATION FROM PINK HOLLY OR CREATE OR USE A FALSE IDENTITY ON THIS SITE; (E) NOT TO TRANSMIT THROUGH OR ON THIS SITE, SPAM, CHAIN LETTERS, JUNK MAIL OR ANY OTHER TYPE OF UNSOLICITED MASS EMAIL TO PEOPLE OR ENTITIES WHO HAVE NOT AGREED TO BE PART OF SUCH MAILINGS; (F) NOT TO DIVULGE YOUR USERNAME & PASSWORD TO OTHERS EITHER ON OR OFF THE SITE; (G) NOT TO ATTEMPT TO OBTAIN UNAUTHORIZED ACCESS TO THE SITE OR PORTIONS OF THE SITE WHICH ARE RESTRICTED FROM GENERAL ACCESS; AND (H) OTHERWISE COMPLY WITH ALL LAWS & REQUIREMENTS FOR USE OF THIS SITE, INCLUDING THOSE THAT APPLY TO THE DATA IT CONTAINS
PRODUCT INFORMATION
THE PRODUCT INFORMATION ON THIS SITE IS PROVIDED FOR THE CONVENIENCE OF OUR CUSTOMERS & SITE USERS & IS AS ACCURATE AS POSSIBLE. HOWEVER, WE MAKE NO GUARANTEE EITHER EXPRESS OR IMPLIED AS TO IT'S ACCURACY OR THAT THE PRODUCTS DISPLAYED ON THE SITE ARE ALWAYS AVAILABLE. WHILE WE STRIVE TO PROVIDE OUR CUSTOMERS WITH TRULY EXCEPTIONAL SERVICE ONLINE & IN OUR STORES, WE REGRET THAT SOMETIMES, OUR PRODUCTS ARE OUT OF STOCK OR NOT AVAILABLE IN A PARTICULAR SIZE OR COLOR. WE ALSO WELCOME YOUR FEEDBACK & SUGGESTIONS REGARDING ANY ERRORS THAT YOU FIND ON OUR SITE SO THAT WE CAN PROMPTLY ADDRESS THEM
USERS SUBMISSIONS
ANY MATERIAL INFORMATION OR IDEA YOU TRANSMIT TO OR POST ON THIS SITE BY ANY MEANS (INCLUDING BUT NOT LIMITED TO EMAILS SENT TO PINK HOLLY USING LINKS PROVIDED ON THIS SITE) WILL BE TREATED AS NON-CONFIDENTIAL & NON-PROPRIETARY & MAY BE DISSEMINATED OR USED MY PINK HOLLY OR ITS AFFILIATES FOR ANY PURPOSE WHATSOEVER INCLUDING BUT NOT LIMITED TO DEVELOPING, MANUFACTURING & MARKETING PRODUCTS. YOU ARE PROHIBITED FROM POSTING OR TRANSMITTING TO OR FROM THIS SITE ANY UNLAWFUL, THREATENING, LIBELOUS, DEFAMATORY, OBSCENE, SCANDALOUS, INFLAMMATORY, PORNOGRAPHIC OR PROFANE MATERIAL OR ANY OTHER MATERIAL THAT COULD GIVE RISE TO ANY CIVIL OR CRIMINAL LIABILITY UNDER THE LAW. THE USER MAY NOT POST ANY MATERIAL THAT VIOLATES COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY RIGHTS (INCLUDING RIGHTS OF PUBLICITY & PRIVACY). THE USER WILL INDEMNIFY PINK HOLLY SWIMWEAR FOR ANY & ALL DAMAGES RESULTING FROM THE USER'S ACTIONS OR POSTINGS THAT VIOLATE ANY OF THESE POLICIES. PINK HOLLY RESERVES THE RIGHT TO PROHIBIT FURTHER POSTINGS BY ANY USER FOR VIOLATION OF THESE STANDARDS
LINKS TO OTHER WEBSITES
LINKS TO THIRD-PARTY WEBSITES FROM THIS SITE MUST BE SPECIFICALLY APPROVED IN ADVANCE BY PINK HOLLY. YOU ARE NOT AUTHORIZED TO LINK ANY OTHER WEBSITE WITHOUT OUR APPROVAL. ANY APPROVAL LINKS TO WEBSITES NOT MAINTAINED BY PINK HOLLY ARE PROVIDED SOLELY AS A CONVENIENCE TO OUR CUSTOMERS & VISITORS. IF YOU USE THESE LINKS YOU WILL LEAVE THIS SITE. PINK HOLLY DOES NOT CONTROL & IS NOT RESPONSIBLE FOR ANY OF THESE WEBSITES OR THEIR CONTENT. PINK HOLLY DOES NOT ENDORSE OR MAKE ANY REPRESENTATIONS ABOUT THEM OR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS OR MATERIALS FOUND THERE OR ANY RESULTS THAT MAY BE OBTAINED FROM USING THEM. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY SITES LINKED TO THIS SITE YOU DO THIS ENTIRELY AT YOUR OWN RISK
SOCIAL MEDIA LINKS
YOU MAY LINK TO OUR SOCIAL MEDIA PAGES VIA THE ICONS ON OUR WEBSITE. IF YOU DO SO, PLEASE NOTE THAT YOU ARE LEAVING OUR SITE & GOING TO A WEBSITE THAT IS OWNED & OPERATED BY A SEPERATE COMPANY (SUCH AS FACEBOOK, TWITTER, INSTAGRAM, PINTEREST, ETC) PLEASE BE SURE TO REVIEW THE SEPARATE TERMS & CONDITIONS & WEBSITE PRIVACY POLICIES PROVIDED BY THE OWNERS/OPERATORS OF THOSE WEBSITES & REMEMBER THAT THOSE TERMS & CONDITIONS, PINK HOLLY’S WEBSITE PRIVACY POLICY & OTHER MATERIALS ON THIS SITE ONLY APPLY TO OUR SITE
DISCLAIMER
THE INFORMATION PROVIDED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. PINK HOLLY FURTHER DOES NOT WARRANT THE ACCURACY & COMPLETENESS OF THE INFORMATION ON THIS SITE. PINK HOLLY MAY MAKE CHANGES TO THE INFORMATION ON THIS SITE OR TO THE PRODUCTS & PRICES DESCRIBED AT ANY TIME WITHOUT NOTICE. WHILE WE TAKE STEPS TO ENSURE THAT THE INFORMATION IS OUTDATED. INFORMATION PUBLISHED ON THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NO LONGER AVAILABLE IN YOUR COUNTRY OR LOCAL AREA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU
LIMITATION OF LIABILITY
IN NO EVENT SHALL PINK HOLLY SWIMWEAR IT'S SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION CONSEQUENTIAL DAMAGES & THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE ANY WEBSITES LINKED TO THIS SITE OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY & WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE DATA & INFORMATION PRESENTED ON THIS SITE IS BELIEVED TO BE ACCURATE BUT SHOULD NOT BE RELIED UPON BY THE USER FOR ANY PURPOSE. ANY & ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THIS SITE INCLUDING ANY ACCURACIES, ERRORS OR MISSTATEMENTS IN SUCH DATA OR INFORMATION IS EXPRESSLY DISCLAIMED. PINK HOLLY SWIMWEAR DISCLAIMS ANY LIABILITY FOR USE OF PINK HOLLY PRODUCTS IN APPLICATIONS OTHER THAN THOSE FOR WHICH THEY ARE DESIGNED
APPLICABLE LAWS
THIS SITE IS INTENDED FOR RESIDENTS OF ALL OVER THE WORLD. INTERNATIONAL & UNITED STATES. YOU MAY NOT USE, EXPORT OR RE-EXPORT THE MATERIALS ON THIS SITE OR ANY COPY OR ADAPTATIONS IN VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS INCLUDING WITHOUT LIMITATION U.S. EXPORT LAWS & REGULATIONS. IF YOU CHOOSE TO ACCESS THIS SITE FROM OUTSIDE THE UNITED STATES, YOU DO SO ON YOUR OWN INITIATIVE & ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS. THESE TERMS WILL BE GOVERNED BY & CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NY WITHOUT GIVING EFFECT TO ANY PRINCIPLES ON CONFLICT OF LAWS
GENERAL
PINK HOLLY SWIMWEAR RESERVES THE RIGHT TO MODIFY THESE TERMS AT ANYTIME. THE TERMS ON THIS PAGE ARE BINDING UPON YOU THEREFORE YOU SHOULD REVIEW THEM OFTEN. TERMS LISTED IN THIS DOCUMENT MAY BE SUPERSEDED BY SPECIFIC TERMS ELSEWHERE ON THE SITE
ORDER STATUS & TRACKING, SHIPPING & RETURNS & MARKETING PROGRAMS
PLEASE VISIT EACH RESPECTIVE SECTION OF THE SITE TO OBTAIN MORE INFORMATION ON ORDERS, ORDER STATUS & TRACKING, SHIPPING & RETURNS & SIGNING UP FOR OR UNSUBSCRIBING FROM OUR MARKETING PROGRAMS. PLEASE ALSO SEE OUR PRIVACY POLICY FOR INFORMATION PERTAINING TO THE COLLECTION & PROCESSING OF YOUR INFORMATION IN RELATION TO ORDERING, RETURNING OR SIGNING UP FOR ANY OF OUR MARKETING PROGRAMS
PRIVACY POLICY
BY USING THIS SITE YOU CONFIRM YOUR CONSENT TO THE PINK HOLLY SWIMWEAR PRIVACY POLICY WHICH IS ALSO ACCESSIBLE ON THIS SITE. IF YOU DO NOT AGREE TO THIS POLICY PLEASE DO NOT USE THIS SITE. WE RESERVE THE RIGHT AT OUR DISCRETION TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THIS POLICY AT ANY TIME. PLEASE CHECK THIS PAGE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF PINK HOLLY SWIMWEAR WEBSITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES
CHANGES TO THESE TERMS & CONDITIONS
PINK HOLLY SWIMWEAR RESERVES THE RIGHT TO MODIFY THESE TERMS & CONDITIONS TO ALIGN WITH CHANGES IN OUR PRACTICES OR COMPANY OR LEGAL OR COMPLIANCE REQUIREMENTS. IF THE TERMS & CONDITIONS ARE CHANGED, THE NEW VERSIONS WILL BE POSTED. WE INVITE YOU TO REVIEW OUR TERMS & CONDITIONS & WEBSITE PRIVACY POLICY PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF THEM IN RELATION TO USE OF OUR WEBSITE
GET IN TOUCH
IF YOU HAVE ANY QUESTIONS RELATING TO THESE TERMS OF USE OR OUR WEBSITE YOU MAY CONTACT HOLLY AT HSIMMS@PINKHOLLYSWIMWEAR.CO OR CONTACT OUR CUSTOMER SERVICE AT ANYTIME
ARTICLE 13 | CONFORMITY | WARRANTY
THE CUSTOMER MUST ASCERTAIN THAT THE ITEMS DELIVERED TO THEM CORRESPOND TO HIS/HER ORDER. IF THE ITEMS DELIVERED ARE NOT THE ITEMS THAT WERE ORDERED THE CUSTOMER IS ADVISED TO:
INFORM THE COMPANY OF THIS AS SOON AS POSSIBLE EITHER DIRECTLY ON THE WEBSITE UNDER THE HEADING "RETURN REQUEST" OR BY MEANS OF A TELEPHONE CALL MADE TO THE CUSTOMERS RELATIONS DEPARTMENT (AT THE NUMBER & DURING THE TIMES INDICATED IN ARTICLE 3) OR BY MEANS OF AN EMAIL SENT TO: HSIMMS@PINKHOLLYSWIMWEAR.CO EXPLAINING WHY THE ITEM IS NOT IN CONFORMITY WITH HIS/HER ORDER
RETURN THE ITEMS IN QUESTION IN THEIR ORIGINAL PACKAGING (OR AT LEAST IN PACKAGING THAT WILL AFFORD THE ITEMS IN QUESTION AN EQUIVALENT DEGREE OF PROTECTION DURING THEIR RETURN TRANSPORT) IN PERFECT CONDITION THAT ENABLES THEM TO BE PUT BACK ON SALE BY THE COMPANY UNUSED & ACCOMPANIED BY ALL ACCESSORIES & DOCUMENTS PROVIDED WITH THEM (NOTICE, WARRANTY, CERTIFICATE OF AUTHENTICITY, ETC) & A COPY OF THE DELIVERY SLIP ENCLOSED WITH THE ITEMS DELIVERED
FOLLOWING IN ORDER TO FACILITATE THE COMPANY'S PROCESSING OF THE RETURNED ITEM THE VARIOUS DIFFERENT STEPS OF THE PROCEDURE AS DESCRIBED ON THE WEBSITE IN THE CONTEXT OF WHICH ALL THE COSTS OF RETURNING THE ITEM WILL BE MET BY THE COMPANY WITHIN THE LIMIT ONE DISPATCHED OF RETURNED ITEMS PER ORDER
IF THE CUSTOMER ORGANIZES THE RETURN OF THE SAID ITEMS HIS/HERSELF BY MEANS CHOSEN BY HIM/HER & AT THEIR OWN EXPENSE HE/SHE IS ADVISED TO KEEP ANY PROOF OF HAVING RETURNED THE ITEMS BY RECORDED DELIVERY OR BY ANY OTHER MEANS THAT ALLOWS A SPECIFIC DATE TO BE ESTABLISHED. THE COST OF RETURNING THE ITEM WILL BE MET BY THE COMPANY PROVIDED THAT THE COMPANY AGREES THAT THE CUSTOMER IS RIGHT IN CLAIMING THAT THE ITEM RETURNED IS NOT IN CONFORMITY WITH HIS/HER ORDER, FURTHER TO THE LATTER'S HAVING SENT PROOFS OF THE SAID COSTS TO THE COMPANY. THEY WILL THEN BE REIMBURSED BY CREDITING THE CUSTOMER'S BANK ACCOUNT ACCORDINGLY
IF IT IS NOT POSSIBLE TO EXCHANGE THE ITEM RETURNED, REIMBURSEMENT OF THE PRICE INVOICED FOR NON-COMPLIANT ITEMS THAT HAVE BEEN RETURNED WILL BE AFFECTED BY CREDITING THE CUSTOMER'S BANK ACCOUNT WITHIN AT THE LATEST FOURTEEN (14) DAYS AS FROM THE COMPANY'S RECEIPT OF THE RETURNED ITEM(S)
ARTICLE 14 | FORCE MAJEURE
THE COMPANY'S PERFORMANCE OF ALL OR PART OF ITS OBLIGATIONS WILL BE SUSPENDED IN THE EVENT OF THE OCCURRENCE OF AN ACT OF GOD OR A CASE OF FORCE MAJEURE WHICH PREVENTS OR DELAYS THEIR PERFORMANCE. THE COMPANY WILL INFORM THE CUSTOMER OF ANY SUCH ACT OF GOD OR CASE OF FORCE MAJEURE WITHIN SEVEN (7) DAYS OF ITS OCCURRENCE
IF THIS SUSPENSION OF THE COMPANY'S PERFORMANCE OF ITS OBLIGATIONS CONTINUES FOR MORE THAN FIFTEEN (15) DAYS, THE CUSTOMER WILL HAVE THE ABILITY OF CANCELLING THE ORDER IN COURSE. IN THIS CASE THE CUSTOMER WILL BE REIMBURSED BY THE COMPANY AS SOON AS POSSIBLE BY CREDITING HIS/HER CREDIT CARD USED IN THE TRANSACTION