Terms & Conditions
Welcome to www.peachypotter.com. Peachy Potter provides services to you on www.peachypotter.com and www.peachypotter.com mobile application 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.peachypotter.com and these terms and conditions at any time. By accessing or otherwise using www.peachypotter.com or the www.peachypotter.com mobile application you are indicating your agreement to the Terms and Conditions contained herein. Please read them carefully.
USE OF PEACHY POTTER
By using www.peachypotter.com you represent and warrant that you are more than 18 years of age or are visiting www.peachypotter.com with the permission and supervision of a parent or guardian. Subject to these Terms and Conditions, Peachy Potter hereby grants you a limited, revocable, non-exclusive license to access and use the www.peachypotter.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 Peachy Potter website unless expressly permitted by Peachy Potter. Peachy Potter 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.peachypotter.com.
USER REVIEWS, PHOTOS & COMMENTS
Anything posted or otherwise submitted to Peachy Potter whether on the peachypotter.com website, through a mobile application, blog or via any form of social media (including by submitting an image to your social media using #peachypotter, or other Peachy Potter branded hashtag), will be treated as public and nonproprietary. By submitting photographs, comments or other materials to Peachy Potter, you grant Peachy Potter a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish and modify such submissions. All such submissions shall automatically become Peachy Potter’s sole and exclusive property. In addition, when you post photographs, reviews or comments to Peachy Potter or on any of Peachy Potter’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 Peachy Potter.
INTELLECTUAL PROPERTY RIGHTS
The Content we display on the Website (the "Castagram Content") is protected by copyright, trademark, patent, trade secret, database and other intellectual property rights, which is either owned by or licensed to us. We hereby grant you a limited, revocable, non-sublicensable licence to reproduce and display the Peachy Potter Content (excluding any software code) solely for viewing and using the Website. You may not copy, reproduce, make available online or transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any of the Peachy Potter Content without written permission from us or the owner of the intellectual property rights. The Agreement does not transfer to you any of our or the third party's intellectual property rights, and all rights, titles and interests in and to such property will remain (as between the parties) solely with us. Further, the Peachy Potter logo, and all other trademarks, service marks, graphics and logos used in association with Peachy Potter or on the Website are the trademarks or registered trademarks or other intellectual property rights of the Company or our licensors. Other trademarks, service marks, graphics and logos used in association with the Website may be the trademarks or other intellectual property rights of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any of our or third party's trademarks, service marks, graphics and logos.
Copyright Infringement
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to or from the Website violates your copyright, you are encouraged to notify us. We will use our reasonable endeavours to respond to all such notices, and if required or appropriate, remove the infringing material or disable all links to the infringing material. We may, but has no obligation to end a visitor’s permission to visit and use the Website if, under appropriate conditions, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the Company or others.
If you believe that your intellectual property rights have been infringed by a user of our service, please provide us with a notification that contains the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Changes
We reserve the right to amend the Agreement (in particular, these Terms and Conditions) from time to time for legal or regulatory reasons or to allow the proper operation of the Website. Any material changes in the Agreement (in particular, these Terms and Conditions) will be notified to you via the email address provided by you on registration or published via a suitable announcement on the Website. You should nonetheless periodically review the up-to-date version of these Terms and Conditions. The changes will apply to the use of the Website immediately after such notice has been given. What constitutes a material change will be determined at our sole discretion. If you do not wish to accept any of the new Agreement, you must not continue to use the Website. If you continue to use the Website after the positing of the amendments on the Website, your use of the Website constitutes your agreement to be bound by the new Agreement (in particular, the new Terms and Conditions). 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 be subject to the Agreement (in particular, the Terms and Conditions).
Termination
We reserve the right to suspend or cancel your Peachy Potter account at any time, without prior notice and at our sole discretion if you breach any of your obligations under the Terms and Conditions. If you wish to terminate your account, you may inform us in writing at hello@Peachy Potter.com. Suspension or cancellation of your Peachy Potter account shall not affect our and your rights and liabilities accrued before such suspension/cancellation. All provisions of the Agreement (in particular, the Terms and Conditions), which by their nature shall survive termination of the Agreement, including, without limitation, intellectual property, representations and warranties, indemnification, disclaimer of warranties, and limitations of liability.
Site Errors
In the event a product is listed on the Website at an incorrect price or with incorrect information, orders for such products will be revised to reflect the correct price or information. We reserve the right to reject any orders placed on the site.
Promotional/Discount Code
Promotional/discount codes are applicable only to items selling at original prices. Items that are already on sale, such as but not limited to Sale Collection, Collaboration Collection and newly launched products are not eligible for further discount. For discounts that are applicable on second/subsequent item, lowest-priced item in the order will be the item to be discounted.
TAXES
It is your responsibility to determine what, if any, taxes apply to the payments you make and it is your responsibility to pay any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes with respect to each of your purchases. Peachy Potter is not responsible for determining whether taxes apply to your transaction or remitting any taxes arising from any transaction. Please note that you may be subject to withholding taxes or other tax liabilities with respect to importing services from a foreign entity. Peachy Potter, in its sole discretion, may charge, deduct, impose reserves and/or withhold on any or all of the payments to cover the amount of your liability on any taxes, duties and/or other tax related deductions.
FOREIGN CURRENCIES
Unless otherwise stated, all fees are quoted in United States Dollars (“US Dollars”). All transactions conducted by or with Peachy Potter, including sale of items shown on the site, issuance of gift certificates and/or credit for returned merchandise, are made in US Dollars.