PRISSY PEACH BOUTIQUE

TERMS

THE PRISSY PEACH BOUTIQUE’s TERMS OF USE

Welcome to www.shopthepeach.com our e-commerce site for The Prissy Peach Boutique (The Peach). The Peach provides services to you on www.shopthepeach.com subject to the terms set forth herein. When you use any of our services, you are subject to the policies, terms, and conditions applicable to that service. We reserve the right to change any of the information on www.shopthepeach.com and these terms and conditions at any time. By accessing or otherwise using www.shopthepeach.com you are indicating your agreement to the Terms and Conditions contained herein. Please read them carefully.

USE OF SHOPTHEPEACH.COM

By using www.shopthepeach.com you represent and warrant that you are more than 18 years of age or are visiting www.shopthepeach.com with the permission and supervision of a parent or guardian. Subject to these Terms and Conditions, The Peach hereby grants you a limited, revocable, non-exclusive license to access and use the www.shopthepeach.com website on your computer or mobile device. Except as permitted in this paragraph, you may not reproduce, modify, display or otherwise make commercial use of any content from the www.shopthepeach.com website unless expressly permitted by The Peach. The Peach reserves the right to refuse service to any individual at its sole discretion and without limitation if it believes that a user’s conduct violates applicable laws or is otherwise harmful to www.shopthepeach.com.

USER REVIEWS, PHOTOS & COMMENTS

Anything posted or otherwise submitted to The Peach whether on the www.shopthepeach.com website, through a mobile application, blog or via any form of social media (including by submitting an image to your social media using any The Peach branded hashtag, will be treated as public and nonproprietary. By submitting photographs, comments or other materials to The Peach, you grant The Peach a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish and modify such submissions. All such submissions shall automatically become The Peach’s sole and exclusive property. In addition, when you post photographs, reviews or comments to www.shopthepeach.com or on any of The Peach’s social media networks, you also grant us the right to use the name that you submit, if any, in connection with that submission. You further represent and warrant that you own or otherwise control all rights to any content submitted to The Peach.

INTELLECTUAL PROPERTY RIGHTS

All graphics, images and content on the www.shopthepeach.com website, blog and mobile application belong exclusively to The Peach. The use of any The Peach trademarks or service marks without The Peach’s express written consent is strictly prohibited. You may not use The Peach’s trademarks or service marks in connection with any product or service that is in any way likely to cause confusion or to disparage or discredit The Peach. In addition, you may not use any of The Peach’s trademarks or service marks in meta tags without The Peach’s explicit prior consent.

PRIVACY POLICY

Please review our Privacy Policy also.

INTERNATIONAL ACCESS

Customers who access and use the www.shopthepeach.com website from outside of the United States are responsible for complying with their local laws and regulations.

Occasionally a vendor requests that The Peach restrict the sale of their brand to certain countries. Though The Peach prefers not to limit the brands The Peach sells, The Peach must honor its vendor’s wishes. However, The Peach continually reviews such restrictions with its vendors to see if any changes can be made.

You will be alerted at checkout if an item in your cart is restricted from shipping to your country. If you put a restricted item in your cart, you will not be able to check out until that item is removed from your cart or you change your shipping address.

DISCLAIMER; LIMITATION OF LIABILITY; RISK OF LOSS

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE ERROR FREE OR UNINTERRUPTED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES.

ERRORS

Accidents happen. In the event that a product is listed incorrectly (e.g. price or description) due to a typographical error or other mistake, we reserve the right to refuse or cancel any orders that may have been placed for such a product listed. If your credit card has already been charged for such an erroneous purchase, we shall issue a credit to your card for the full amount of the charge.

OUTSIDE LINKS

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

COPYRIGHT COMPLAINTS

The Peach deeply respects the intellectual property of others. Please contact sgoeing@kylawpractice.com if you believe that any content on www.shopthepeach.com constitutes an infringement of your copyrights.

APPLICABLE LAW; DISPUTES; REMEDIES

The laws of the Commonwealth of Kentucky will govern these disclaimers, terms, and conditions. Any dispute relating in any way to your visit to the www.shopthepeach.com website or products purchased on www.shopthepeach.com shall be submitted to confidential arbitration in Fayette County, Kentucky, except in regards to issues regarding violations of The Peach’s intellectual property rights, which we may seek relief from in any state or federal court in the Commonwealth of Kentucky. Should arbitration not be available you submit to jurisdiction in Fayette County, Kentucky for any and all legal remedies which may be pursed against you by The Peach. By using the www.shopthepeach.com website, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Kentucky. By using www.shopthepeach.com you agree that The Peach’s remedy at law for any actual or threatened breach of these Terms of Use would be inadequate. As such, The Peach shall be entitled to specific performance, injunctive relief, or both, in addition to any damages that we may be entitled to recover, along with our reasonable expenses for any form of dispute resolution, including, without limitation, our attorneys’ fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.

SEVERABILITY

If any the provisions in these Terms of Use are deemed invalid or otherwise unenforceable, that condition shall be deemed several and shall not affect the enforceability of the remaining provisions.

OUR ADDRESS

Please send any questions regarding these Terms of Use to:
Goeing Goeing and McQuinn Pllc
300 East Main St. Suite 150
Lexington, Ky 40507
https://www.kylawpractice.com
Phone: 859-253-0088
Fax: 859-744-4004

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