TERMS & CONDITIONS
If you are using the Site on behalf of a company/entity/organization (collectively “Organization”), then you represent and agree that you: are an authorized representative of that Organization, have the authority to bind that Organization to these Terms, and agree to be bound by these Terms on behalf of that Organization.
Pinkabee takes reasonable steps to ensure that this Site is accessible 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. The Site may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Pinkabee will not be liable if the Site is unavailable at any time. Where possible, we will try to give visitors advance warning of maintenance issues, but shall not be obliged to do so.
The Site is currently Hosted by Shopify. Pinkabee takes every step to abide by the terms and conditions put forth by Shopify. Pinkabee is not responsible or liable for any issues that may occur should Shopify’s platform be compromised or breeched, or should Shopify not uphold their role in security, terms and conditions, etc. for their clients (ie. Pinkabee).
Product Descriptions: Pinkabee attempts to be as accurate as possible when describing products and services on the Site. However, Pinkabee does not warrant that product or service descriptions, specifications or other content of this Site are accurate, complete, reliable, current, or error-free. If a product or service we offer through the Site does not match its description, your sole remedies are to stop using the Site and to return the product in unused condition. All descriptions and specifications are subject to change at any time without notice.
Product Prices: The list prices displayed for products and services on the Site represent the full retail prices, excluding taxes and applicable fees, and are subject to change at any time without notice. By law, all items shipped to addresses in New Jersey will be charged sales tax. Despite our best efforts, list and sale prices may be incorrect. We reserve the right to correct, at any time, any pricing errors. If a product or service's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Availability of a product or service may change without notice.
Product Care: To ensure your continued enjoyment of your Pinkabee products, they must be properly cared for and maintained. Please refer to our Product Care link in the website footer under Customer Care.
The organization raising money will earn 25% of the total sales that use that group's Fundraiser ID Code during their designated Shop & Earn timeframe, excluding shipping costs and any sales tax collected. If a purchase is made and does not use the group's Fundraiser ID Code, the 25% will NOT be allocated for the group, as we will have no way to prove it was intended for said group, or another group. Pinkabee™ does not claim or guarantee to any organization that they will make a minimum amount. Profits are purely based on how many items are sold. Should any given organization using Pinkabee™ Fundraising make less than what they wanted or anticipated, Pinkabee™ is not responsible or liable in any way.
Any products purchased in support of a fundraiser are not eligible for returns, as the 25% donation will be given to the cause/charity/group.
Pinkabee updates inventory throughout the year, and makes no guarantee that a certain product will be available during your Fundaiser's Shop & Earn time. All items are available on a first come-first served basis.
Before Placing an Order: Please confirm that all order details are correct and that you have contacted Pinkabee Customer Service (firstname.lastname@example.org) to answer any questions you may have BEFORE submitting your order.
Discount Codes & Coupons: Discount codes can be entered during checkout. Only one discount code can be used per order. If you are having any problems or have questions, please contact customer service at email@example.com.
Order Processing: Orders for in-stock items will be processed within 2 business days pending availability and credit verification, and ship within 3-5 business days from the date the order was placed. Orders placed on Friday after 5 PM US EST (US Eastern Standard Time) will be processed on the following Monday. Pinkabee will contact you with a follow-up email if the merchandise you have selected is not currently in-stock, or if we need additional information for credit verification. Please note that delivery time does not include weekends or holidays. Any challenges with payment processing may delay shipment. Once the order is processed and leaves the shipping facility, delivery times may vary depending on shipping carrier schedule. By law, all items shipped to addresses in New Jersey will be charged sales tax.
Order Confirmation: An order confirmation will be sent to the email address provided once the order has been placed. We reserve the right, without prior notice, to limit the order quantity of any product or service and to refuse service to you. We also may verify information before we accept or ship any order.
You agree that Pinkabee may charge your chosen payment method, ie. credit card, either directly or through the services of a third party payment processor. Should any non-payment occur due to a failed credit card transaction and is not remedied within seven days after we send you notice of non-payment, then Pinkabee may terminate the applicable purchase.
Third-Party Payment Processors: Pinkabee currently uses third-party payment processors for electronic commerce. The payment processors used and the payment methods accepted may change without notice. Pinkabee makes no warranties about the continued availability of any particular form of payment made available for use on the Site. By using such third-party payment processors, you agree to their terms and conditions of use. Such third parties may charge fees to process payments; we may pay certain fees at our sole discretion. You acknowledge and agree that Internet transmissions may never be completely private or secure. You acknowledge and understand that even though Pinkabee takes precautions and utilizes SSL technology, any message or information sent to third-party payment Processors through the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (ie: credit card information) is encrypted. Pinkabee disclaims all liability with regards to any fees or problems you have involving third-party payment processors.
Pinkabee may change shipping carriers at any time, at our sole discretion.
Orders for in-stock items will be shipped within 1-3 business days from the date the order was placed. Orders placed on Friday after 5 PM US EST (US Eastern Standard Time) will be shipped 1-3 days from following Monday. Delivery times may vary depending on shipping carrier schedules. By law, all items shipped to addresses in New Jersey will be charged sales tax.
Risk of Shipping Loss: The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to the Pinkabee Shipping Policy. This means, under the shipping policy, if any loss occurs the buyer bears the risk of loss and is responsible for the costs.
Standard Returns: We will happily accept new, unworn merchandise with original packaging and tags accompanied by a receipt within 10 days of delivery date. Upon receipt, we will issue a Pinkabee store credit equal to the cost of the returned item (not including the cost of shipping and/or taxes). Pinkabee is NOT responsible for the shipping and handling costs for returned orders. Please note, if tags are removed, the item is not eligible for returns.
Please re-pack the merchandise in the same manner it was received, such as a corrugated cardboard box or a jewelry box within a bubble mailer. Please do not use a flat envelope, as it will cause damage to the jewelry. Pinkabee is not responsible for damage to returned merchandise due to inadequate packaging.
Fundraiser Purchases: Items purchased for a fundraiser (ie. you bought items in order to support the fundraiser) are FINAL SALE, and not eligible for returns, as the 25% donation will be given to the cause/charity/group.
Sale Items: Items purchased on sale are FINAL SALE and are not eligible for return or exchange.
Damaged/Defective Items: Every Pinkabee product undergoes careful inspection prior to shipment. Please notify us of any damage within 3 days of receipt via our Site’s returns request form and we will get back to you with arrangements for a prompt repair or replacement. Original tags must still be intact and attached to the item to receive repair/replacement. Pinkabee is not responsible for any damage incurred once original tags are removed.
Pinkabee respects your privacy as a visitor to the Site. By using this Site, you acknowledge and agree that Internet transmissions may never be completely private or secure. You acknowledge and understand that even though Pinkabee takes precautions and utilizes SSL technology, any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (ie: credit card information) is encrypted.
Registration/Accounts: You may visit the Site without registering or creating an account. However, the Site may permit or require you to create an account to participate in or receive additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph.
Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. You will be responsible for all activity that occurs under your access credentials, and you will be solely responsible for any losses incurred by Pinkabee and others due to any unauthorized use of your account.
Information Collection: As stated above, in order to use the Site you may be required to complete a registration process in which we will collect certain personal information such as your name, address and email address. When you register, you will also consent to receive email correspondence from us. We will use your personal information to complete transactions, respond to your requests, deliver the products and services you request, and notify you of promotions, updates, or special offers that we think may interest you.
If you wish to discontinue email correspondence at any time please notify us through the Contact Us page, or email us directly at firstname.lastname@example.org.
Pinkabee does not solicit personal information from minors. IF YOU ARE NOT 18 YEARS OF AGE OR OLDER, YOU ARE NOT AUTHORIZED TO USE the Site. IF YOU ARE UNDER 13 YEARS OF AGE, DO NOT USE OR ACCESS the Site AT ANY TIME, BY ANY MEANS. If we learn that a user is under 13 years of age, we will promptly delete any personal information we have collected about that user.
Analytics: We may use Google Analytics and/or cookies, to monitor the Site usage, improve and customize the Site features, and complete transactions.
Your Content and Submissions: For purposes of these Terms, the word “Submissions” include any text, messages, ideas, concepts, suggestions, artwork, photographs, drawings, videos, audiovisual works, your and/or other persons’ names, usernames, profiles, and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or through this Site. If you transmit to us, post, or upload any Submissions to or through this Site, you grant us and our affiliates a non-exclusive, royalty-free, fully paid up, sub-licensable, transferable, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, create derivative works, and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes. You waive any rights you may have regarding your Submissions being altered or manipulated in any way that may be objectionable to you. This license will continue even after you stop using the Site. You also hereby grant each user of the Site a non-exclusive license to access your Submissions through the Site and third party social media sites, such as Facebook and Instagram.
By commenting on your Instagram, Facebook, Twitter, or Pinterest photo with #pinkabee , #pinkabeestyle , #pinkabeepeeks, or any other hashtag (“#”) related to the brand and/or its products/services, you are consenting to Pinkabee to utilize your intellectual property for the purposes of marketing the Pinkabee brand via its own Instagram, website, email marketing campaigns, and both digital and print advertising. Additionally, you are relinquishing your rights to any compensation for the use of these photos and intellectual property or any profit that is generated from the use of these photos and intellectual property.
Pinkabee does not endorse any submissions or any opinions, recommendations or advice expressed therein, and Pinkabee disclaims all liability with respect to any submissions made. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Site. You also acknowledge and agree that your Submission is non-confidential and non-proprietary.
Pinkabee may provide content of third parties (“Third Party Content”) or links to Third Party Sites on this Site. If so, they are provided solely as a convenience to you. If you use such links, you will leave this Site. Pinkabee does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Pinkabee and such third party. Pinkabee does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Pinkabee is not responsible for updating or reviewing Third Party Content or Third Party Sites. If you access any third party websites linked from this Site, you do so at your own risk. Third Party Content, including comments from third party users submitted to Site through the Site or any other social media sites, etc. do not necessarily reflect the views of Pinkabee.
If you would like to link to our Site, you may only do so on the basis that you link to, but do not replicate, any page on this Site, and subject to the following conditions: (a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us; (b) you do not misrepresent your relationship with us or present any false information about us; (c) you do not link from a website that is not owned by you; and (d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United States.
If you choose to link to our website in breach of these terms and conditions you shall fully indemnify us for any loss or damage suffered as a result of your actions.
All design, text, graphics, logos, images, downloads, audio and video clips, the selection and arrangement thereof (collectively “Content”), on the Site is Copyright (c) 2017 Pinkabee LLC, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Pinkabee and protected by U.S. and international copyright laws. Except as stated herein or as otherwise provided in an express authorization from us, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this Site is strictly prohibited.
Unless otherwise noted, the trademarks, service marks, trade names, and logos (collectively “Trademarks”) used and displayed on this Site are our registered and unregistered Trademarks and are protected under trademark and other laws. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site. Our Trademarks may not be used in connection with any website, product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
YOUR USE OF THE SERVICE AND CONTENT:
We grant you a limited license to access and make personal use of the Site and the Content, subject to these Terms. This license is revocable at any time without notice and with or without cause. Neither this Site nor any portion of this Site or any Content may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us in writing, except that where the Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you: (a) keep intact all copyright, trademarks, service marks, and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services, or brands. Any other use is prohibited. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Pinkabee of all claims, demands, and damages in disputes among users of the Site. You also agree not to involve us in such disputes. Use caution and common sense when using the Site.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, including by using any device, software or routine to bypass robot exclusion headers.
We may suspend or terminate your account and your ability to use the Site or any portion thereof for failure to comply with these Terms or for infringing copyright, or for any other reason whatsoever.
DISCLAIMER OF WARRANTIES:
“Released Parties” include Pinkabee and its affiliates, subsidiaries, officers, partners and employees.
YOU UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE Site AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE Site IS AT YOUR SOLE RISK, AND THE Site AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE Site ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Released Parties DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS AND SERVICES OFFERED BY THE RELEASED PARTIES OR OTHER PERSONS ON OR THROUGH THE Site, IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT. Released Parties DO NOT WARRANT THAT (A) THE Site AND THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Site ARE ACCURATE, UN-INTERRUPTED, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS Site WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (C) THE Site OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE Site WILL MEET YOUR REQUIREMENTS, (D) THE QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE ON THE Site WILL MEET YOUR EXPECTATIONS, OR (E) THE Site OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS Site MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Site IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. Released Parties DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST Released Parties WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SERVICES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). Released Parties MAY IMPROVE, SUSPEND, OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED ON THIS Site AT ANY TIME WITHOUT NOTICE OR LIABILITY. Released Parties ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS Site OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS Site.
LIMITATION OF LIABILITIES:
“Released Parties” include Pinkabee and its affiliates, subsidiaries, officers, partners and employees.
UNDER NO CIRCUMSTANCES SHALL Released Parties BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), PERSONAL INJURY AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS Site, CONTENT, OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE Site OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE Site OR ANY OTHER PERSON OR ENTITY, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE Site; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (E) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (F) ANY OTHER MATTER RELATING TO THE Site.
UNDER NO CIRCUMSTANCES SHALL Released Parties BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
IN NO EVENT SHALL THE Released Parties’ TOTAL COLLECTIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE Site EXCEED THE AMOUNT OF $100.
WE MAY TERMINATE YOUR FURTHER ACCESS TO THE Site OR CHANGE THE Site OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
You and Pinkabee mutually agree to arbitrate any and all disputes relating in any way to your visit to the Site or to products you purchase through the Site (resolved exclusively through final and binding arbitration before a single arbitrator instead of filing a lawsuit in court).
All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (www.adr.org) or JAMS (www.jamsadr.com) according to this provision and the applicable arbitration rules for that forum.
However, if you have in any manner violated or threatened to violate Pinkabee’s intellectual property rights, Pinkabee may seek injunctive or other appropriate relief in any state or federal court in the state of New Jersey, USA, and you consent to exclusive jurisdiction and venue in such courts.
Last Updated: February 2018