Terms & Conditions
Thank you for visiting pinkpeonykids.com (the "Web Site" or “Site”). YOU SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS WEB SITE. These legal terms and conditions govern the use of and access to this Web Site, and constitutes an agreement between Pink Peony Kids DBA, a California partnership company ("Pink Peony Kids", "we", "our", "us") and you, the visitor.
We reserve the right to periodically revise these Terms with no prior notice and at its sole discretion. By using this Site after any such change, you agree to comply with, and be bound by, the Terms as changed. Should you have any questions concerning any of our policies, please feel free to contact us.
In order to make purchases on this Site, you will be required to provide personal details, including your real name, phone number, email address, payment details, and any other information indicated prior to checking out (“Personal Information”). You hereby represent and warrant that all such information is valid and correct, and you further confirm that you are the person referred to in the billing information provided.
If you are registered with us and would like to delete your registration and personal details from our database, please click on this unsubscribe link.
Ownership of Proprietary Information
Copyright, Trademark & Other Intellectual Property Protection
This Web Site is expressly owned and operated by Pink Peony Kids. This Web Site as a whole and all material on this Web Site, including but not limited to all design and content such as photographs, images, illustrations, text, designs, logos, trademarks, trade dress and other materials, are protected by copyright, trademarks, trade dress, and other intellectual property rights. All worldwide rights, titles, and interests are reserved.
The contents of our Web Site and the Web Site as a whole are intended solely for your personal, noncommercial use. Any use of our Web Site and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of Pink Peony Kids. Unless expressly set forth in writing from us, we do not authorize any reproduction, publishing, display, modification, sale, or distribution of any of its products or materials. You may not create derivative works from, sell or participate in any sale of, this Web Site, any of the materials on this Web Site, or any related software. You may, for your personal, noncommercial use only, download or electronically copy and print any of the page contents displayed on the Web Site. Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you.
The name and mark Pink Peony Kids, the Pink Peony Kids logo, the stylized wording Pink Peony Kids, and all other related marks depicted on this Web Site, whether registered or unregistered, are trademarks or service marks of Pink Peony Kids in the United States and in other countries.
Disclaimer & Limitation on Liability
While we endeavor to present the most accurate information on this Web Site at all times, there may be times when the site contains incomplete or inaccurate data, including typographical errors or inaccuracies. Any errors are wholly unintentional, and we reserve the right to: (i) refuse or cancel any orders placed for product listed at the incorrect price; (ii) refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged (please note, to the extent your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card account in the amount of the incorrect price).
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PINK PEONY KIDS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT PINK PEONY KIDS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Products and Orders
Prices displayed at the site are quoted in U.S. Dollars, exclusive of sales tax, and are valid and effective only in the United States.
All orders are subject to acceptance and availability. Products in your shopping basket are not reserved and may be purchased by other customers.
Once your order is placed, you will receive an email acknowledging the details of your order. This acknowledgment is not acceptance of your order, it is only confirmation that your order has been received. Acceptance of your order will occur once your order is shipped, at which time you will receive a second email confirming that your order has been accepted.
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. If an item you have purchased is out of stock, and not expected to come back in stock, we must cancel the item, in which case, if you paid with a credit/debit card, we will not charge you for the item or any taxes, shipping or handling charges.
You hereby agree to indemnify, defend, and hold harmless Pink Peony Kids, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account, including but not limited to, any infringement by you of the copyrights or intellectual property rights of any third party, or your use or misuse of the Site.
This Site may contain links to other websites. We are not responsible for the availability of, or any content or material contained in, or obtained through, any such sites. We do not endorse those sites or materials. Any questions or comments relating to any other site should be addressed to the operator of those sites. No linking to this website is permitted without prior written permission from Pink Peony Kids.
Correspondence & Use of Submissions
While we welcome your comments and feedback regarding our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this Web Site or any email connection. Any and all communications, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by you to Pink Peony Kids on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Web Site ("Submissions") shall be and remain Pink Peony Kids property. Such Submissions shall constitute an assignment to Pink Peony Kids of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Submissions. We will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any submissions. We shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or knowledge disclosed therein, for any purpose, including the development, manufacturing and/or marketing of goods or services. Pink Peony Kids is under no obligation to (i) respond to any Submissions, (ii) maintain Submissions in confidence, or (iii) pay compensation of any kind for your Submissions. Any Submissions by you is a declaration on your party of the full release of all proprietary claims and/or intellectual rights regarding your Submissions. We will not use your name in connection with any such Submissions unless we first obtain your permission or otherwise are required by law to do so.
Pink Peony Kids reserves the right to extend, modify or discontinue any offer at any time without notice.
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of California, County of Los Angeles. All parties to this Agreement waive their respective rights to trial by jury.
Products purchased by you are for personal or gift use only. You may not re-sell any products purchase on this site for commercial purposes or any other commercial benefit. We reserve the right to restrict multiple quantities of any item being shipped to any one customer or postal address.