We are always happy to listen to Your comments, and answer Your questions. You may contact us via email: teeholic.us@gmail.com
terms of service
Teeholic is the business that is behind this website. The terms “we,” “us,” and “our” refer to Teeholic throughout the website. You, the user, are granted access to this website and all of its tools, resources, and features by Teeholic, subject to your acceptance of all of the notices, terms, and conditions found here.
Please read these Terms and Conditions carefully before accessing or using our website. You accept these Terms and Conditions by using this website or by accessing any part of it. You are not permitted to use any services or use the website if you disagree with all of its terms and conditions. Acceptance is explicitly restricted to these Terms and Conditions if these are deemed an offer.
By visiting our store and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
The terms and conditions also apply to any new features or tools that are added to the present store. On this page, you are always welcome to consult the most recent version of the Terms and Conditions. We reserve the right to submit updates and/or modifications to our website in order to update, alter, or replace any element of these Terms and Conditions. You are in charge of occasionally checking this page for updates. When any modifications are posted on the website, you must continue to use it or gain access to it in order to accept the changes.
Please use the contact details shown on our “Customer Care” page on the website to get in touch with us if you have any issues concerning the Terms, the Gift Card Terms, or the Privacy Statement.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
INTRODUCTION OUR WEBSITE TERMS
You agree that:
Orders that are speculative, fraudulent, or deceptive may not be placed through the Website; only valid inquiries and orders may be placed there. If we logically believe that such an order has been issued, we have the right to revoke the order and notify the appropriate authorities;
You also agree to give us accurate and up-to-date email, postal, and/or other contact information, and you understand that we might use this information to get in touch with you in the event that it becomes required (for more details on how we use your personal information, see our Privacy Policy);
We might not be able to finish your transaction if you do not provide us with all the information we require;
You will not endeavor to disrupt the Site’s networks or associated network security in any manner, nor endeavor to utilize the Site’s services to obtain unauthorized entry into any other computer system;
You commit not to use the Site to post, send, or convey any content that violates the privacy, publicity, or intellectual property rights of any other person or organization;
You will not use the Site to engage in conduct that would constitute a civil or criminal offense or that otherwise violates any local, provincial, national, or international law or regulation.
INTRODUCTION OUR WEBSITE TERMS
We reserve the right to refuse service to anyone for any reason at any time.
We may impose rules for, and limits on, use of the Site, or restrict your access to the Site or in whole or in part.
The Site includes Content and other original works of authorship that are both proprietary and our intellectual properties, its suppliers or licensors and are protected by both the terms of the Agreement as well as domestic and foreign contractual and intellectual property laws including but not limited to copyright, trademark, patent, trade secret, and right to privacy or publicity laws.
Copyright. All Content included on the Site with the exception of Content You upload is the property of the Company, its suppliers, licensors, or their respective licensors and is protected by United States and international copyright laws. The compilation of all Content on the Site is the exclusive property of the Company or its suppliers or licensors and protected by U.S. and international copyright laws. All software used on this site is the property of the Company, its suppliers, licensors or their respective licensors, and is protected by United States and international copyright laws. The respective owners and licensees of any copyrights included in the Site retain and reserve all of their rights related to such copyrights.
Trademark. The Site may include various registered or unregistered trademarks or service marks of the Company, its suppliers, licensors, or their respective licensors. The respective owners and licensees of any marks included in the Site retain and reserve all of their rights related to such marks.
Patent. One or more patents may apply to the Site and to the features, products, and services accessible therein, including U.S. and foreign patents. Moreover, the Company may have various patents pending.
Trade Secret. The Site may contain software or other information that is confidential and proprietary to the Company, and/or protected by the trade secret laws of the individual states of the United States and of foreign countries. As part of the Company’s efforts to maintain the secrecy of such information, You are prohibited from decompiling, reverse engineering and/or disassembling any portion or the whole of the Site.
Rights to Privacy or Publicity. Using a broad definition, these legal concepts apply to the right of every individual to control any commercial use of his or her name, image, likeness, or some other aspect of identity, limited under (United States Federal law) by the First Amendment. An individual further has a qualified legal right to reasonable privacy in not having his or her private affairs made known or his or her likeness exhibited to the public having regard to habits, mode of living, and profession. These legal concepts are applied differently depending on the jurisdiction, but You should be cognizant and careful of an individual’s rights to privacy or publicity.
Through the Site, Company may make available to You certain Content, Services and Products. Company and/or its suppliers or licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to You herein, You neither have nor acquire any rights, title or interests in or to the Site, or any element thereof. You acknowledge that your content—which does not include credit card information—may be sent over multiple networks in an unencrypted manner and that it may undergo modifications to comply with the technical specifications of any connected devices or networks. Every time credit card information is transferred across a network, it is encrypted.
The Company grants to You a personal, limited, revocable, non-exclusive and non-transferable license to:
(1) Use the Site as provided herein, until the Agreement is terminated;
(2) Access, load, store and operate the Site with browser software;
(3) Access, view, download, print, use, display and upload Content for use as provided herein;
(4) Display, download and print portions of the Site as necessary to investigate and/or purchase Product(s) and/or Service(s), subject to the limitations in the Agreement.
All rights not expressly granted by Company to You are retained by Company, and You may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms and Conditions. The rights granted to You do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Notwithstanding the above, You shall NOT:
(1) Decompile, reverse engineer and/or disassemble and/or create derivative works from the Site;
(2) Remove, modify, hide, destroy, obscure or otherwise make unreadable or non-viewable any notice, legend, advice, watermark or other designation contained on or within the Site, component thereof or output therefrom, including, but not limited to, any and all copyright, trademark and patent designations, if any, contained on or within the Site;
(3) Upload, post, email, transmit, publish, re-publish, distribute, display or otherwise make available the Site to any third parties;
(4) Except as otherwise expressly provided herein, use the Site or any Content for any commercial, financial or other beneficial purpose, including, but not limited to, advertising, the exploitation, rental, lease, sale or resale of the Site or any Content, except that if You are permitted to upload or post Content in a manner that is otherwise consistent with the Agreement;
(5) For a period of more than twenty-four (24) hours, cache or otherwise temporarily store the Site or component thereof, on any server or other device used to communicate with individual personal computers or personal devices. Such limitation does not include cache which is automatically stored by an individual personal browser application;
(6) Store the accessed, used, or downloaded Site in any electronic, magnetic, optical or other format now known or hereinafter created for more than thirty (30) days;
(7) Assign, rent, lend, lease, sell, license, redistribute, republish, sublicense, transfer, export from the United States, copy, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, extract components or create derivative works of the Site or any Content;
(8) (a) co-brand the Site, (b) “frame” or “mirror” the Site on any other server or Internet-based device, or authorize or engage any other party to do any of the foregoing, without the express prior written permission of an authorized representative of the Company. For purposes of the Agreement, “co-brand” or “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with the Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease; or
(9) Use or reference Company’s address on your website or represent Company’s address as your own.
Without our prior written consent, you undertake not to replicate, copy, sell, resell, or exploit any part of the service, use of the service, access to the service, or any contact on the website through which the service is given.
YOUR REPRESENTATIONS AND WARRANTIES
By placing an order through the Website, you represent and warrant that you are at least 18 years old and that you are legally capable of entering into binding contracts. The Services are not available to children under the age of 13, and parents or legal guardians are not permitted to accept these Terms on their behalf. Children who are at least 13 years old but under the age of 18 may use the Site and App with the supervision of their parents or legal guardians, who accept these Terms on their behalf. However, without their parents’ permission, these children are not allowed to buy any apparel (referred to as “Products”) via the Services. When a parent or legal guardian accepts these Terms on behalf of a child who is between the ages of 13 and 18, you accept full responsibility for that child’s usage of the Services, including any potential legal ramifications, and for any purchases they make.
Any information that You have or shall provide to the Company through the Company Website is true and accurate, and You shall modify such information as necessary or appropriate to maintain the accuracy of the information. You shall not represent that You are anyone other than Yourself. You shall not impersonate any other individual or entity.
You shall at all times comply with all applicable laws, rules and regulations with respect to Your use of the Site and with respect to any Product or Service related thereto.
You shall not use the Site to infringe, misappropriate or violate any rights of the Company and/or any third party, including, but not limited to any the Company or any entity associated with or visiting the Site.
You shall comply at all times with the Agreement, including any modifications to the Agreement and/or the Agreements to which there is or may in the future be a link and a reference herein.
You shall not upload or use any Content that does not meet acceptable community standards, including Content that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable; that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age or disability; or containing defamatory, false or libelous material.
The unauthorized use of the trademarks (whether registered or not) or copyrighted material (e.g. designs) is illegal. You represent and warrant that You do not violate any rights whatsoever of any third party with respect to any uploaded Content and its use by Company pursuant to any order You place, or your use of the Site. You are the owner or permitted licensee of any Content that You upload or provide to the Site, and have the complete right and ability to provide such Content to the Site according to the terms of the Agreement. This further means that such Content may be printed on or otherwise applied to the products ordered by You without violating any rights of any third party, including, but not limited to (i) any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy or publicity; and (ii) any right to make available under law or contractual or fiduciary relationships. Among other things, You thereby represent and warrant that You have the right to use, copy and distribute each and every trademark, service mark, trade name, logo, phrase, graphic, artwork, name, image, photograph, portrait, picture or illustration of anything that You upload to the Site including its reproduction on a Product You buy on the Site.
The burden of compliance of this provision rests solely with You. You are wholly responsible for obtaining all proper permissions and licenses from third parties whose rights may be violated or infringed by the use of any material protected by any Intellectual property right or other proprietary right. The Company has no duty or responsibility whatsoever to determine whether You have complied with any of Your representations, warranties and covenants. As set forth below, You fully indemnify Company from assertions made by any third party related to Your failure to comply.
Your use of any Company supplied Content that may be printed on or otherwise applied to the Products ordered by You is wholly limited to such printing or application. No further use of such Content is allowed whatsoever including any or all derivative works.
SALE OF PRODUCTS
The Services include the sale of Products. This Section sets out terms and conditions that apply to your purchase of any Product.
You acknowledge and agree that we may place limits on the purchase of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit sales of Products for any reason, including but not limited to availability concerns.
If you do not pay the amounts you owe to Teeholic when due, then Teeholic will need to institute collection procedures. You agree to pay Teeholic’s costs of collection, including, without limitation, reasonable attorneys’ fees.
By registering your email, you’ll have access to a personal showroom which is updated monthly with a curated selection of bras, lingerie, sleepwear and more, tailored just for you. There is no obligation to buy anything in your showroom or on the Site. Teeholic cannot guarantee that a selection available in a particular month will be available in any subsequent month.
We will deliver the Products you ordered, including the specified size, color and design, except in the rare event that the Product is unavailable. In such an event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any one Product available on our Services to replace the unavailable Product. If we are unable to reach you, your order will be canceled. Teeholic has made every effort to display as accurately as possible the colors of the products that appear on the Services. However, Teeholic cannot guarantee that your computer monitor’s or mobile device’s display of any color will be accurate. Teeholic’s liability to you for failure to comply with any of the limited warranties encapsulated in this section is limited to timely delivery of Product conforming to the warranties or a refund of the store credits actually collected for your VIP Membership in the month immediately preceding Teeholic’s failure to comply (excluding delivery charges) as determined by Teeholic.
The services and products, including all trial programs, are provided “as is” without any express or implied warranties, including without limitation the warranties of merchantability, quality or fitness for a particular use.
DISCLAIMER DOES NOT APPLY WHERE OTHERWISE PROHIBITED BY LAW
Pricing: All prices are subject to change without notice. Company assumes no responsibility and shall incur no liability whatsoever if price change notices are not received. In the event of new taxes or legislation affecting the cost of Products, Company reserves the right to increase prices as it deems appropriate or necessary. The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges (if applicable) listed on the Site in connection with your purchase of the Products. Purchase Price is as listed on the Site at the time of purchase, and is subject to change. All prices on the Teeholic Services are listed in U.S. Dollars. Teeholic is not responsible for fluctuations in the currency exchange rates against the U.S. Dollar that may affect the value of international customers’ purchases. Teeholic reserves the right to alter Purchase Price, discount, or availability of any particular item at its discretion and without notice. Upon your purchase order for a Product, you authorize Teeholic to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Unless otherwise provided in these Terms, to the extent items purchased on Teeholic are subject to tax, such tax will be applied to the Purchase Price, less applicable savings, as required by law.
Payment: You shall purchase Products in accordance with Company’s price list in effect at the time of the order (less other discounts, if any). Prices are exclusive of all sales or use taxes, tariffs, customs, duties and other governmental charges. You shall pay or reimburse the Company for any and all such charges. Payment for Products must be made without discount in United States dollars.
In the event You do not timely pay the amount due pursuant to any credit agreement Company may have with You, You agree to pay a delinquent finance charge up to the maximum permitted by any applicable law, including, but not limited to the laws of the State of Michigan. Payment of any such finance charge will not excuse or cure a breach or default for late payment. Any amounts not paid by the due date will be subject to a finance charge at a rate equal to the lesser of 1.5% per month or the maximum rate allowed by law.
Returned payment instruments (e.g., checks) for insufficient funds or a stop payment are subject to a fee to be determined by Company at its sole discretion, and shall be at least $25.
Company reserves the right to charge a handling fee when using a third party shipping account.
Company reserves the right to charge a processing fee when an order is below a threshold amount.
Company reserves the right to require a deposit before completing an order.
Late payment of any amount shall be grounds for the Company to discontinue performance.
Payment shall not be considered final until freight charges and taxes billed to You have been paid.
You remain responsible for all shipping and handling charges including, without limitation, failure by a consignee to pay shipping charges, failure by any third party to pay shipping charges, an incorrect or invalid shipping account number, or incorrect contact information.
INFORMATION ACCURACY, COMPLETENESS AND TIMELINESS
If any of the information on this website is inaccurate, out-of-date, or incomplete, we disclaim all liability. The content on this website is meant primarily for general information purposes; it should not be relied upon or used as the only basis for judgments without first contacting primary sources of information that are more reliable, accurate, complete, or timely. You bear any responsibility for relying on any content on this website.
There could exist historical material on this website. Information from the past is necessarily out of date and is given solely for your reference. We do not have to update any information on our site, but we do reserve the right to change any part of its contents at any moment. You agree that it is your responsibility to monitor changes to our site.
RETURN POLICY AND INCORRECT INVOICE OR STATEMENT
You agree to immediately examine any Product for defects upon receipt of delivery and before any alterations or embellishments are made.
You further agree to examine immediately upon receipt each and all of Company’s invoices and statements and that You will advise Company of any transaction disputes within ten (10) days of receipt.
Timely failure to notify Company of any dispute or defective Products shall constitute a complete waiver of any and all such disputes.
SOFTWARE
Company may provide standalone software or an online application (collectively, “Application”) for Your use as part of Your access of the Site. All uses of any such Application must comply with all applicable local, state, national and international laws, rules and regulations. Any templates, features, and the like appearing in an Application are offered as a courtesy only and are used at Your own risk. Company shall not be responsible for any real, potential or perceived loss of business due to the Application being unavailable for any reason including programming errors, maintenance, or any other foreseen or unforeseen incidents. If Company determines that an Application is being used by You in a way that is prohibited, it may restrict or discontinue Your access and use of the Application. Company reserves the right to make judgments about whether or not uses are appropriate in its sole discretion. Any Application may be altered or removed at any time by Company.
PRODUCTS OR SERVICES
There may be certain products and services that are only accessible online via the website. These goods and services might only be available in restricted quantities, and returns and exchanges are permitted only in accordance with our return policy.
We have worked hard to ensure that the colors and photos of our products that are displayed in the store are as accurate as possible. We cannot guarantee that any color seen on your computer monitor will be accurate. The colors shown on the Site are for reference only. Thus, we take no responsibility whatsoever for any variances between the appearance of colors or graphics displayed on Your monitor and any finished Product.
Sales of our goods and services may not be restricted to any specific individual, area, or legal jurisdiction. However, we do retain this right. According to every scenario, we might use this right. The quantity of any products or services that we provide may be limited, at our discretion. Product prices or descriptions may change at any time, without prior warning, at our sole discretion. Anytime we feel the need, we can stop offering a product. Wherever this website makes an offer for a good or service, that offer is void.
We make no guarantees as to whether the quality of any goods, services, data, or other materials you buy or get will live up to your expectations or if any flaws in the Service will be corrected.
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 per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time 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. For orders with free shipping, we reserve the right to select the most economical method and rate available to us.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
MODIFICATIONS
To the Agreement. We have the right to modify this Agreement and any other Agreement or policy referenced in the Site, or linked to the Site, at any time. No advance notice is required for any such modification. Any modification is effective immediately upon posting to the Site. Your continued use of the Site following posting of any modification(s) to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only remedy to any dissatisfaction with any modifications is to cease use of the Site as provided for above.
We have the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site without notice. We may also impose limits on certain features and services or restrict Your access to parts or all of the Site without notice or liability.
In addition to our right to make modifications to the Site as set forth above, the Company reserves the right, for any reason or no reason at all, and in its sole discretion, to modify or remove any Content You have provided to the Site.
TAXES
You shall be responsible for all taxes and fees incurred for using the Site or purchasing any items. In the event any exemption is claimed and then disallowed by a tax authority or judicial body, You agree to reimburse the Company for the amount of tax involved and any reasonable service charge associated therewith.
ORDERING TERMS AND CONDITIONS
Orders for Company Apparel are subject to the following terms and conditions of sale. These terms and conditions of sale shall govern the sale of Apparel from Company to You and/or the company you are authorized to represent. Company performance is expressly made conditional upon your agreement to these terms and conditions of sale. Any provisions or conditions of any purchase order or other document, which are inconsistent with or in addition to these terms and conditions are hereby rejected and shall be inapplicable and not binding upon Company. These terms and conditions shall govern Your purchase of Apparel in the event there are any conflicts or inconsistencies with the other terms of this Agreement.
Company shall accept your order through electronic means for web-based orders. You may not cancel an order accepted by Company (i.e., they are non-refundable), except upon the consent of Company in each instance. Company shall deliver Apparel F.O.B. with risk of loss for Apparel passing to You once Apparel is loaded onto the courier at Company facility. Company shall make commercially reasonable efforts to meet any shipment date stated on the face of any accepted order. However, You understand and agree that shipment of Apparel is subject to availability, and COMPANY EXPRESSLY DISCLAIMS LIABILITY FOR ANY FAILURE TO MEET SUCH DELIVERY DATES. Company shall have the right to deliver Apparel at one time or in portions from time to time, and to invoice for those portions delivered. Payment will not be considered final until all freight charges and taxes billed to you have been paid. Company offers free freight on orders over $300.00 shipped via ground with Company preferred carrier within the continental United States. Company may periodically offer other free freight promotions and free freight is subject to change.
You shall purchase Apparel in accordance with Company price list in effect at the time of the order (less other discounts, if any). Prices are exclusive of all sales or use taxes, tariffs, customs (except fees associated with original U.S. importation which Company pays), duties and other governmental charges. You shall pay or reimburse Company for any and all such charges. Late payment of any amount will be grounds for Company to discontinue performance under these terms and conditions of sale. Any amounts not paid by the due date will be subject to a finance charge at a rate equal to the lesser of 1.5% per month or the maximum rate allowed by law. However, payment of such finance charge will not excuse or cure a breach or default for late payment. Returned checks will be subject to a $25.00 per check charge. All freight is F.O.B. point of origin. You remain responsible for all shipping and handling charges including, without limitation, failure by the consignee to pay shipping charges, failure by any third party to pay shipping charges, or an incorrect or invalid shipping account number. Company accepts American Express, Visa, MasterCard, Discover and PayPal (please ask your sales representative for details). Company does not accept third-party credit cards.
All prices are subject to change without notice. Company assumes no responsibility and shall incur no liability whatsoever if price change notices are not received. In the event of new federal or state taxes or legislation affecting the costs of products or items, Company reserves the right to increase prices as it deems appropriate or necessary. Merchandise is subject to change or withdrawal, or may be temporarily or permanently out of stock. We assume no liability for delays or failure to deliver due to our inability to obtain supplies.
Returns and Canceled Orders.It is your responsibility to check for discrepancies or defects in an order before any alterations or embellishments are made. Returns must be authorized by Company in advance. Claims for returns for defective Apparel must be made in accordance with the warranties in Company’s General Terms & Conditions of Sale. Altered or embellished garments, excluding irregulars, are not returnable. Authorized returns must be accompanied by a return authorization form or number from Company. Returns without original corresponding invoice number(s) will be credited at the lowest published price. Canceled orders or returns of unwanted merchandise must be approved in advance and may be subject to a 20% restocking fee plus applicable shipping charges. Merchandise that is not Company’s will be returned to You at your expense or disposed of by Company. Discontinued or close-out items are not returnable. All returns must be prepaid. Please contact Company Customer Service for a return authorization and shipping address.
SHIPPING/RETURNS/EXCHANGES
Shipping: Teeholic offers free shipping, free exchanges, and easy returns to and from addresses within the U.S.
All deliveries will be made through Teeholic’s shipping partners, which may change from time to time at our discretion. The shipping method used will be at the discretion of Teeholic.
The risk of loss and title for items purchased by you pass to you upon Teeholic’s delivery of the items to the carrier pursuant to the Teeholic’s Shipping, Return and Exchange Policies. If your package has not arrived by the designated time, please contact our Customer Care department for help tracking your package and if necessary, placing a replacement order.
Exchanges: We will accept exchanges of new, unworn items within thirty (30) days of delivery for products sold to customers in the U.S. As soon as you initiate an exchange on our Services we will send you a voucher for each item you wish to exchange to purchase any one item then available on our Services. The originally purchased item(s) must be returned to our warehouse within thirty (30) days of delivery. If we do not receive the originally purchased item(s) for which you have requested an exchange within thirty (30) days, you will be liable for the full cost of the exchange. You are entitled to make up to three (3) exchanges of an original purchase, after which the item can no longer be exchanged or refunded. Final sale items may be exchanged only for a different size of the same style while supplies last. There is no exchange possible on any merchandise given away for free during a promotional operation. Please visit Teeholic’s Shipping, Return and Exchange Policies for additional information about our return policy.
Returns for a Refunds: We will accept returns of new, unworn items sold within the U.S within thirty (30) days of delivery for a refund. Final sale items are not eligible for return. All products returned for a refund are subject to a $5.95 restocking fee per set, to be deducted from the amount refunded to the original method of purchase. As soon as you initiate a return on our Services we will send you a voucher for each item you wish to return; that voucher is available to be used to purchase any one item then available on our Services until your original purchase is received by our warehouse. If you choose to use the voucher, you will not be refunded your purchase amount and you will not be charged a restocking fee. Once your new, unworn items are received, provided you have not already used your voucher, your voucher will be deactivated and a refund, minus the $5.95 restocking fee per set, will be returned to your credit or debit card. Please visit Teeholic’s Shipping, Return and Exchange Policies for additional information about our return policy.
INDEMNIFICATION
You agree to indemnify, defend, and hold the Company harmless for, from and against all liabilities, losses, claims, actions, expenses and damages (including attorneys’ fees and expenses including the cost of collection on any past due invoice) resulting from Your breach of this Agreement or use of the Site, including without limitation (1) any breach of foregoing representations and warranties, or (2) any actual or alleged infringement of a third party’s intellectual property rights. Without limiting the generality of the foregoing, You agree to indemnify, defend and hold Company harmless for, from and against any improper or illegal use of Your account, including the improper or illegal use of Your account by someone to whom You have or have not given permission to use Your account. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with the Company in the defense or in asserting counterclaims to any such claims and You shall continue to pay all costs, expenses and attorneys’ fees following the Company’s assumption of control (including, but not limited to the right to select counsel and to make all strategic decisions in any litigation or other proceeding related in any way to the foregoing) until the matter is resolved, as well as any resultant damages.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever 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 and 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, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Sending us specific submissions (like contest entries) or creative ideas, suggestions, proposals, plans, or other materials—whether via email, postal mail, or other means—without our request (collectively, “comments”) grants us the right to edit, copy, publish, distribute, translate, and use your comments in any way and at any time for any purpose, without any limitations. We have no duty, either now or in the future, to (1) keep any comments confidential, (2) compensate for any comments, or (3) answer 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, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You guarantee that none of the rights of other parties, including copyright, trademarks, privacy, and other proprietary or personal rights, will be infringed upon by your remarks. You also agree that nothing in your comments will be defamatory, illegal, abusive, or pornographic, nor will it contain any malware or computer viruses that might interfere with the operation of the Service or any linked website. It is prohibited for you to claim to be someone you are not, use a fictitious email address, or mislead us or other parties about the origin of any remarks. The veracity and correctness of any remarks you make are entirely your responsibility. Regarding any remarks that you or any other third party may publish, we neither accept nor assume any liability.
PERSONAL INFORMATION
When You sign up for an account through the Site (the “Account”), You are required to enter a valid email address, a username and a password. Should Company suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your usage of the Site. Company is entitled to rely on the information You provide and You will be responsible for updating this information to maintain it as current. Accounts are non-transferable.
Each User who uses such username and password will be deemed to be authorized to access and use Site and the Company has no obligation to investigate the authorization or source of any such access or use. You acknowledge and agree that you will be solely responsible for all access to and use of the site and application by anyone using your username and password whether or not such access to and use of the site and application is actually authorized by you, including without limitation, all uploads, communications and transmissions, and all obligations (including without limitation financial obligations) that may result from such access or use.
You are solely responsible for protecting the security and confidentiality of Your username and password. You shall immediately notify the Company of any unauthorized use of Your username and password, or any other breach or threatened breach of the Company Site’s security.
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) 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 any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Except as otherwise provided herein the site and the purchase of products is provided to you on an “as is” basis, without any warranty or representation of any kind or nature. We make no warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement. without limitation, we do not warrant that (a) the functions contained in the site shall be uninterrupted, timely, secure or error-free; (b) the site, including the servers on which the site is operated, are free of viruses or other harmful components; (c) your information will not be disclosed, or (d) information provided in the site is complete, accurate, error-free, or up-to-date. you acknowledge that the company provides listings and links for third party content; the company makes no representations or warranties concerning such third-party content, including the quality or quantity of such third party content listed or linked to on or from the site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusion may not apply to you. check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. the company shall not be liable for any damages to your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any content from the site, whether through infection by a virus or otherwise.
Except as otherwise provided herein use of the site or the purchase of products is at your sole risk. you assume full responsibility and risk of loss resulting from your use of the site, including but not limited to your having input your information. the company shall not be liable to you or anyone else if your information becomes disclosed through the act of a third party or through the negligence or deliberate action of the company. the company shall not be liable to you or anyone else for any damages under this agreement or based on your use of the site, including, but not limited to, punitive, consequential, exemplary, special, incidental, direct, indirect, attorneys’ fees, damages for loss of profits or loss of business, lost data, damage caused to your hardware or software, goodwill or other intangible losses or similar damages even if advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
To the maximum extent permitted by applicable law, you acknowledge and agree that your sole and exclusive remedy for any dispute with the company arising out of or related to the site or the content, products or services offered through the site is to stop using the site, content, products and/or services and, if you have created an account, to cancel your account. In no event shall the company’s liability to you arising out of any kind of legal claim, whether in contract, tort or otherwise, in any way connected with the site or any products or services offered through the site exceed the amount that you paid to the company for a particular product or service, if any.
The company’s liability (whether under the theories of breach of warranty or contract, negligence, strict liability or product liability) for its products shall be limited to, at the company’s option, repairing or replacing products found by the company to be defective. the company shall have no liability for the damages of any kind arising from the selection application, suitability or use of the products by anyone. by acceptance of products, you assume all liability for any damages that may result from use or misuse by you, your employees or by others. you shall indemnify the company against all liability or expense that may be sustained by the company as a result of any loss, damage, or injury. The liability for any product purchased is limited to a maximum of the value of that product. there are no other warranties, express, or implied with respect to any products or services, including but not limited to express or implied warranty or merchantability of fitness for a particular purpose. company shall not be responsible or liable for labor, manufacturer defects, damage, incidental or consequential damages of any kind.
Company warrants only that a Product shall be free from material defects on the delivery date.
You must provide the Company with written notice of any warranty claims no later than fifteen (15) days after receipt of the applicable order of Products. Failure to provide written notice within such 15-day period shall void Company’s warranties with respect to the Products in their entirety. As Company’s sole responsibility and liability, and Your only and exclusive remedy for any breach or breaches of such warranties, Company shall, upon written notice from You, either (at its option) replace the defective portion of the Products, or accept return thereof and refund the price paid by You for the defective portion. Any misuse, improper handling, storage, use, modification or alteration of the Products by You or any third party shall void the forgoing warranty. You shall remain entirely responsible for any shipments by You for purposes of returning defective Products or packages hereunder to company, and all risk of loss or damage during shipment shall be borne by You.
Company will not reimburse for the failure of a Product due to an improper application of an alteration or embellishment.
Orders (no matter how made) are accepted at Your own risk and should be confirmed before they are processed. You may not cancel an order accepted by the company (i.e., it is non-refundable) except upon the consent of the company in each instance. Although it shall make commercially reasonable efforts to meet any shipment date stated on the face of any accepted order, You understand and agree that shipment of Products is subject to availability, and Company expressly disclaims liability for any failure to meet such delivery dates. Company shall have the right to deliver Products at one time or in portions from time to time, and to invoice for those portions delivered.
You agree and acknowledge that any benefits derived from use or resale of Products will depend on factors that vary from business to business and which are not within the control of the company. You are responsible for the selection of the Products to meet Your and Your customers’ needs, and Company makes no warranty as to the results to be obtained from the use or sale of the Products.
Merchandise is subject to change or withdrawal, or may be temporarily or permanently out of stock. Thus, the Company shall not be liable for any delay or cancellation of any order.
Company reserves the right to alter, discontinue, or add any Products or Services at its sole discretion. Company reserves the right to change any and all Products and Services provided and to make changes to its systems, including but not limited changes to system hardware, software (e.g., Applications), and access and use procedures without notice.
If You supply original materials (e.g., art) to Company, it assumes no responsibility for preserving the condition of the materials, to return them, or to store them for any set period of time.
Delivery of any Products may be made using any one of a number of delivery services. Company cannot accept any liability for the failure to fulfill a promised delivery time. Among other things and without limitation, the Company is not responsible for delays due to inclement weather or the selection by You or us of one service over another. Nor is there any promise to provide rush delivery, even if requested. The risk of loss for Products passes to You once Products are loaded by a delivery service at our facility.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Teeholic 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 and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The Agreement shall continue until terminated by Company or until Your decision to terminate the Agreement. The Company reserves the right to terminate the Agreement for any reason or for no reason, with or without cause. You understand that nothing in the Agreement confers any rights of access to the Site or any rights to data stored by or on behalf of the Company. You agree that You do not own any User account You may use to access the Site, nor do You own any data the Company stores on its servers (including without limitation any data representing or embodying any or all of Your Content). You understand that any and all Content You may have provided to the Company may be retained by the Company and may or may not be deleted upon termination of the Agreement with You.
Upon termination of the Agreement, You are required to IMMEDIATELY DISCONTINUE ALL ACCESS OR USE OF THE SITE. Moreover, upon termination of the Agreement, You are still bound by the provisions of the Agreement with respect to all of Your past activities and use of the Site.
If any of these terms of use or any future changes are unacceptable to you, you may terminate this agreement by immediately discontinuing all your access and use of the site. your continued use of the site following the posting of notice of any changes in the agreement shall indicate acceptance by you of such terms of use, changes, or modifications and continuation of the agreement.
Either you or we may terminate the agreement at any time. you understand and agree that termination is your sole right and remedy with respect to any dispute with company. this includes, but is not limited to, any dispute related to, or arising out of: (1) any term or condition contained in or referenced in the agreement; (2) any policy or our practice; (3) any disclosure or use of your information; and (4) your ability to access and/or use the site.
SEVERABILITY
If any provision of the Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of the Agreement, and all provisions not affected by such invalidity shall remain in full force and effect.
WAIVER
The waiver by the Company of a breach or default in any of the provisions of the Agreement by You shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or our omission part to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by You.
GOVERNING LAW AND JURISDICTION CHOICE OF LAW
You agree that all matters relating to the Agreement and/or Your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Michigan without regard to its conflicts of law provisions. The parties hereby agree that the exclusive jurisdiction for the institution and maintenance of any dispute hereunder shall be in either the State courts sitting in Wayne County, Michigan or the United States District Court for the Eastern District of Michigan.
INDEPENDENT CONTRACTORS
Our relationship is one of independent contractors. No agency, employment, partnership or joint venture shall be created by or founded upon this Agreement.
STATUTE OF LIMITATIONS
Any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action are forever barred.
WAIVER OF JURY TRIAL
You knowingly, voluntarily and intentionally waive any right You may have to a trial by jury with respect to any proceeding arising out of or in any way relating to the Site or the Agreement.
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes 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 prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
CHOICE OF LAW AND JURISDICTION
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Company’s products and services available in the United States. This Site is controlled and operated by the Company from its office in Ho Chi Minh, Vietnam. This Agreement shall be construed in accordance with the laws of the State of Michigan, without regard to any conflict of law provisions. The parties hereby agree that the exclusive jurisdiction for the institution and maintenance of any dispute hereunder shall be in either the State courts sitting in Wayne County, Michigan or the United States District Court for the Eastern District of Michigan.
CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
INTERNATIONAL USE
The Company controls the Site from its offices in the United States. We make no representation that the Site or related information offered by the Company is appropriate or available in other locations. If You access the Site from locations outside of the US You do so on Your own initiative and at Your own risk, and You are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Software from the Site may further be subject to United States export controls. No Software from the Site may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any jurisdiction to which the U.S. has embargoed Products; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such jurisdiction or on any such list.
Many Products that have been imported into the United States cannot be exported to other countries. It is Your responsibility to check with any freight forwarder to confirm foreign documentation requirements and to verify that items to be exported will be released by customs at the final destination. Company is not responsible for providing this information or any documentation required to export Products purchased from Company or for re-importation to the United States.
FORCE MAJEURE
Company shall not be responsible or liable for any delay or failure in performing its obligations under this Agreement to the extent such delay or failure is the result of causes outside of its reasonable control, including, without limitation, power outages, accidents, strikes, fires, war or acts of God.
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