CasuallyHip Terms and Conditions Revised November 11, 2017
Thanks for choosing to browse and shop with CasuallyHip. Please read these Terms and Conditions, which contain important information about your relationship with CasuallyHip, including mandatory arbitration of disputes between us, instead of class actions or jury trials. You will become bound by these provisions once you accept these Terms and Conditions.
The CasuallyHip Web site located at www. CasuallyHip.com is a copyrighted work belonging to CasuallyHip, (“ CasuallyHip”). CasuallyHip provides an online store offering something special every day.
By clicking “sign in” and entering or otherwise using our Web site or mobile applications (the “Web site”), you agree to and accept these Terms and Conditions. You also agree to and accept our Notice of Privacy Practices , which describes how we use the information you provide CasuallyHip and is incorporated into these terms and conditions by reference. Please read the Terms and Conditions and our Notice of Privacy Practices carefully as you are agreeing to be bound by them.
TOGETHER THESE TERMS AND CONDITIONS AND THE NOTICE OF PRIVACY PRACTICES CONSTITUTE YOUR SERVICE AGREEMENT (“AGREEMENT”) WITH CasuallyHip. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR WEB SITE, ANY MEMBERSHIP YOU MAY ESTABLISH ON THE SITE, AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE WEB SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS WEBSITE, BECOME A CasuallyHip MEMBER, OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE WEB SITE, SIGN UP FOR MEMBERSHIP, OR PURCHASE PRODUCTS OR SERVICES THROUGH THE WEB SITE.
CasuallyHip RESERVES THE RIGHT, AT ANY TIME, TO MODIFY, SUSPEND, OR DISCONTINUE ANY WEB SITE OR ANY WEB SITE FEATURE WITH OR WITHOUT NOTICE. YOU AGREE THAT CasuallyHip WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE WEB SITE.
1.1 Account Creation. In order to use certain features of the Web site (e.g., purchasing products and services (referred to collectively as “Products” herein) from the Web site), you must register for an account with CasuallyHip (“ CasuallyHip Account”) and provide certain information about yourself as prompted by the Web site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Web site does not violate any applicable law or regulation or the terms of this Agreement. You may de-activate your CasuallyHip Account at any time, for any reason, by unchecking the e-mail preference box on the “My Account” section of the Web site. CasuallyHip may suspend or terminate your CasuallyHip Account in accordance with Section 11.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your CasuallyHip Account login information. You are fully responsible for all activities that are associated with your CasuallyHip Account (including but not limited to any purchases, use of the Web site, or correspondence from your account to CasuallyHip). You agree to immediately notify CasuallyHip of any unauthorized use or suspected unauthorized use of your CasuallyHip Account or any other breach of security. When you provide CasuallyHip with such notice, CasuallyHip will suspend or otherwise secure your Account to prevent future unauthorized activity.
2.1 Products and Pricing. All Products or services listed on the Web site are subject to change, as is Product information, pricing, and availability. In the event a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order (as described in Section 2.3 below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card or PayPal account charged. If your credit card or PayPal has already been charged for the order and we cancel your order, we will issue a credit to your credit card account or PayPal account in the amount of the charge.
Unless otherwise noted, the strike-through price displayed for products on our Web site is based on the suggested retail price for the product provided to CasuallyHip by our vendor. The strike-through price is not a price at which CasuallyHip previously sold the product. Because we sell our products over the Internet nationwide and internationally, the strike-through price may or may not represent the prevailing price at any particular time or in every location, and we make no promises about the reliability or accuracy of any such information. Nothing can replace your own comparison shopping, and notwithstanding the strike-through price information provided, if this is an important factor for you in your purchasing decision, we recommend you conduct your own individual research as well.
Some of our vendors provide merchandise to CasuallyHip that is not widely sold elsewhere or that is exclusive to CasuallyHip. For items in this category that are similar - but not identical - to products sold through other retailers, we use the phrase “compare at” next to the strike-through to indicate your savings. This “compare at” price represents the vendor’s estimated original retail value of a comparable item of the same quality, construction and material offered elsewhere. While pricing is not an exact science, our buying team has years of retail experience and partners with our vendors to determine whether an item is comparable based on the type and quality of the material, and the construction of the item. Ultimately, our “compare at” price is an estimate of the original retail price of comparable items. We always strive to provide you with the best prices on the items we sell, but we encourage you to do your own comparison shopping as well.
For items that we offer as a set, the strike-through price is based on the total of all the suggested retail prices for each item in the set. For clothing items that are priced higher for larger sizes, we average the prices across sizes to determine the strike-through price.
For international sales of products from the U.S. to a foreign jurisdiction, the strike-through price reflects the exchange rate conversion from the U.S. strike-through price plus, if applicable, an adjustment for additional international surcharges that cover items such as taxes, duties, and shipping. As a result, the strike-through price you see may be different than what you see at another retailer that uses a different methodology for calculating international surcharges or for which no surcharges apply.
Nothing can replace your own comparison shopping, and notwithstanding the strike-through price information provided, if this is an important factor for you in your purchasing decision, we recommend you conduct your own individual research as well.
2.2 Payment Terms. For each Product you order on the Web site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). CasuallyHip will automatically bill your credit card or PayPal account submitted as part of the order process for such amounts, and you hereby authorize us to do so. You will be solely responsible for payment of all taxes (other than taxes directly imposed on CasuallyHip business activity in a state, such as income taxes), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by CasuallyHip. All payments are non-refundable (except as expressly set forth in Section 2.1 and 2.3).
2.3 Orders. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit to your credit card or PayPal account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) not charge your credit card or PayPal account for the cancelled portion of the order.
2.4 PayPal Purchases. Orders placed using a PayPal account as payment method will be processed upon submission, and funds may be transferred from your PayPal account immediately. This does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to decline or cancel your order as defined in Sections 2.1 and 2.3. This Section does not alter or amend any other Sections of this Agreement.
2.5 Shipping Policy Any delivery dates provided by CasuallyHip are estimates. CasuallyHip reserves the right to make deliveries in installments. CasuallyHip will send you an email when your order has shipped and you may review your order and shipping & handling information on your CasuallyHip My Account page. We ship within the US (including Alaska, Hawaii and APO/FPO/DPO addresses), and to Canada, Australia, the European Union and many other countries throughout the world. Legal title to, right of possession, and risk of loss or damage to or destruction of the products purchased shall transfer to customer upon CasuallyHip delivery to carrier at shipping point. Some products may ship directly from China and customer will be importer of record of such products for U.S. customs and Border Protection. Notwithstanding the foregoing, StrictlyPosh will provide refunds for damaged product as described in Section 2.6(c).
Shipping & Handling
All items are shipped from our warehouses around the world. Some items are shipped from Asia.
Please allows 3-5 business days processing time for the items to be shipped out from our warehouse after your order.
Once items are shipped from our warehouse items will arrive at your address in 5-12 business days. Including the processing time you would receive the item within 17 days in most countries.
If you do not receive your order within the 17 day estimated period. Feel free to contact our dedicated support team
2.6 Return Policy
(a) Return Policy. StrictlyPosh will only accept returns on products that are identified on the Product information page as eligible for return or as provided in Section 2.6(c). Once CasuallyHip confirms that your Product was returned in accordance with Section 2.6, your sole and exclusive remedy is a store credit in the amount charged for the applicable Product; provided that the credited amount will not include the applicable Delivery Fee, which is nonrefundable. Additionally, any applicable return shipping and restocking fees will be deducted from the credited amount. Promotional shipping offers may not be applied to return shipping costs. Store credits may only be used for future purchase of Products on the Web site (excluding gift cards) and are subject to the restrictions set forth in Section 11.
(b) Exchanges. We do not accept any Product exchanges.
(c) Damaged Products. If the Product arrives damaged (“Damaged Product”), CasuallyHip will accept returns for a full refund only in accordance with the Return Procedures below. Once CasuallyHip confirms that you received a Damaged Product that was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that (a) we will issue a refund to your credit card or PayPal account in the amount charged for the Damaged Product (if your credit card or PayPal account has already been charged for the Product) or (b) we will not charge your credit card or PayPal account for the Damaged Product. The refunded amount will include the applicable Delivery Fee.
(d) Return Procedures All returns of eligible product must be initiated within 30 days after the Product delivery date. All returned Products must be unused (e.g., not worn, washed, damaged, or altered), in the original packaging with original tags attached and returned in accordance with the instructions received from contacting customer service at support@ CasuallyHip.com. Once you initiate a return, Once you initiate a return, customer is obligated to ship product back to address provided by CasuallyHip at customer's expense. Unauthorized returns will not be refunded or credited to your account, and we may handle or dispose of those products as we see fit in our sole discretion.
3.1 License. Subject to the terms of this Agreement, CasuallyHip grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the shopping services and features provided on the Web site. This license does not include any resale or commercial use of the Web site features or content, or the right to access or use the Web site for any of the restricted purposes set forth in Section 3.2. CasuallyHip may terminate this license at any time for any reason.
3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Web site or its content without the express written consent of CasuallyHip; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Web site; (c) you shall not access the Web site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant; (d) except as expressly stated herein, no part of the Web site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without CasuallyHip’s express written consent; and (e) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Web site without CasuallyHip’s express written consent. Any future release, update, or other addition to functionality of the Web site shall be subject to the terms of this Agreement.
3.3 Modification. CasuallyHip reserves the right, at any time, to modify, suspend, or discontinue the Web site or any part thereof with or without notice.
3.4 Ownership. You acknowledge that all intellectual property rights in the Web site, including our rights to copyrighted material, patents, trademarks, service marks, and trade secrets (“Intellectual Property”) (excluding any User Content) are owned by CasuallyHip and its licensors, and neither the limited license granted in Section 3.1, nor our provision of the Web site under this Agreement shall transfer to you or any third party any rights, title or interest in or to such Intellectual Property. CasuallyHip reserves all rights not granted in this Agreement.
4.1 User Content. “User Content” of a Web site user means any and all information and content that such user submits to CasuallyHip by any means, including through social media (e.g., Facebook, Twitter), or uses with the Web site (e.g., a user profile or a feedback submission). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Web site as described herein and (ii) your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by CasuallyHip. Because you alone are responsible for your User Content (and not CasuallyHip), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. CasuallyHip is not obligated to backup any User Content, makes no representation that it will do so, and you agree that CasuallyHip may delete User Content at any time.
4.2 License. By submitting your User Content or using it with the Web site , you automatically grant, and you represent and warrant that you have the right to grant, to CasuallyHip an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Web site, CasuallyHip social media platforms or marketing initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.
4.3 Feedback. CasuallyHip will treat any feedback, communications, or suggestions you provide to CasuallyHip as non-confidential and non-proprietary. Thus, in the absence of a written agreement with CasuallyHip to the contrary, you agree that you will not submit to CasuallyHip any information or ideas that you consider to be confidential or proprietary.
The following sets forth CasuallyHip’s “Acceptable Use Policy”:
5.1 You agree not to use the Web site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
5.2 In addition, you agree not to commercially exploit the Web site or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Web site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Web site, other computer systems or networks connected to or used together with the Web site, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Web site.
5.3 We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your CasuallyHip Account in accordance with Section 11, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your StrictlyPosh Account username and password, IP address and traffic information, usage history, and your User Content.
6.1 Third Party Sites. The Web site may contain links to, or advertisements for, third party web sites (collectively, “Third Party Sites”) (for example, social media sites such as Facebook, Twitter, or Pinterest). Such Third-Party Sites are not under the control of CasuallyHip and CasuallyHip is not responsible for any Third-Party Sites. CasuallyHip provides links to these Third-Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third-Party Sites at your own risk. When you link to a Third-Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third-Party Site.
6.2 Other Users. Each Web site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Web site users are solely between you and such user. You agree that CasuallyHip will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Web site user, we are under no obligation to become involved.
Parties other than CasuallyHip provide services, or sell product lines through the Web site. We may provide links to the site of these unaffiliated companies and certain other businesses. We have no control over and cannot warrant the offerings of, any of these businesses or individuals or the content of their websites. CasuallyHip does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree that any dispute or claim relating in any way to your CasuallyHip purchase, use of any Product, or use of the Web site will be resolved by binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract. You agree that the Federal Arbitration Act and federal arbitration law apply to this agreement.
For all disputes whether pursued in small claims court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to CasuallyHip 2221 SW Whitemarsh Way, Palm City, FL 34990. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration. We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or the Agreement. CasuallyHip’s liability is limited to the cost paid for the item in dispute and does not include any shipping costs.
The dispute will be arbitrated by a neutral arbitrator mutually agreeable to both of us.
CLASS ACTION WAIVER. WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you.
JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.