Welcome to www.overstockdesigners.com.These terms and conditions (the“General Terms and Conditions of Use”) govern your use of, access to, and purchase of products through www.overstockdesigners.com (the “Site”). By using the Site, you agree to comply with and be bound by these General Terms and Conditions of Use. If you do not agree to these General Terms and Conditions of Use, please do not use the Site.
overstockdesigners.com is a property of Fashion Hub Inc, with registered offices in Vancouver Canada, (“www.overstockdesigners.com”) and is operated under British Columbia Corporation Law.
- SITE POLICIES
- USER’S SUBMISSIONS
We welcome your comments and feedback regarding the website, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, reviews, ideas, suggestions, materials, images, information, and other submissions (collectively, the “Submissions”) disclosed, submitted or offered to the Provider via the Site, or otherwise, are not confidential. You represent and warrant that any Submissions that you submit to the Provider are made in compliance with applicable laws, do not violate any right of any third party, including privacy and intellectual property rights. By disclosing, submitting or offering any Submissions to the Provider, you grant the Provider and overstockdesigners.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, display such Material throughout the world in any media. You are and shall remain solely responsible for any Submissions you disclose, submit or offer to the Provider or www.overstockdesigners.com.
All contents included on www. overstockdesigners.com Site, such as works, images, pictures, dialogues, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the “Content”), is the property of Fashion Hub Inc. or its content suppliers and is protected by national and international copyright and other intellectual property laws.
- What Personally Identifiable Information Does overstockdesigners.com Collect?
overstockdesigners collects the following types of personally identifiable information from you:
- User-Provided Information: You may affirmatively provide overstockdesigners with certain personally identifiable information (such as your name, email address, postal address, phone number, birth date, and credit card information) when participating in various activities the Website.
- Log File Information: overstockdesigners’s servers automatically record certain information that your web browser sends whenever you visit the Website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
- Information Collected by “Clear GIFs”: overstockdesigners and/or third parties that we contract with may employ “clear GIFs” (a.k.a. Web Beacons), tracking pixels or similar devices, which are used to track the online usage patterns anonymously (i.e., in a non-personally-identifiable manner). In addition, overstockdesigners may also use these devices in HTML-based emails sent to users to track which emails are opened by recipients.
- How does overstockdesigners Use Personally Identifiable Information?
- Overstockdesigners will use the information you provide to process and fulfill your order, including sending you emails to confirm your order status and shipment. In addition, it may use personally identifiable information to deliver product offers and other content specific to your interests.
- If you have not opted out from receiving emails from Overstockdesigners, it may use your email address or other personally identifiable information to send commercial or marketing messages. overstockdesigners also may use your email address for non-marketing or administrative purposes (such as notifying you of major Website changes or for customer service purposes). You cannot opt-out of receiving emails for non-marketing or administrative purposes.
- Overstockdesigners uses aggregated information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends. In addition, overstockdesigners may use “cookies,” clear gifs and log file information to deliver product offers and other content specific to your interests and remember information so that you will not have to re-enter it each time you visit the Website.
- Will Overstockdesigner Share Personally Identifiable Information with Others?
Overstockdesigner will not share your personally identifiable information (such as name or email address) with other, third-party companies (other than its subsidiary and other affiliated companies) for their commercial or marketing use without your consent or except as part of a specific program or feature for which you have the ability to opt-in or opt-out, except as set forth herein.
- Commercial or marketing use without your consent or except as part of a specific program or feature for which you have the ability to opt-in or opt-out, except as set forth herein.
- Is My Information Secure?
overstockdesigners has implemented security measures to protect personally identifiable information collected on the Website against loss, misuse or alteration. In addition, your account information is protected by a password for your privacy and security. You must protect against unauthorized access to your password and your computer by logging off once you have finished using a shared computer. Moreover, despite the precautions described above, Overstockdesigners cannot and does not guarantee that the individual user information you have transmitted will not be intercepted by others and/or decrypted or accidentally disclosed. It accepts no liability for any unintentional disclosure.
How Does overstockdesigners Use Personally Identifiable Information?
OVERSTOCKDESIGNERS will use the information you provide to process and fulfill your order, including sending you emails to confirm your order status and shipment. In addition, it may use personally identifiable information to deliver product offers and other content specific to your interests.
- If you have not opted out from receiving emails from overstockdesigners, it may use your email address or other personally identifiable information to send commercial or marketing messages. overstockdesigners also may use your email address for non-marketing or administrative purposes (such as notifying you of major Website changes or for customer service purposes). You cannot opt-out of receiving emails for non-marketing or administrative purposes.
- overstockdesigners uses aggregated information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Website and to create new features, promotions, functionality, and services by storing, tracking and analyzing User preferences and trends. In addition, Overstockdesigners may use “cookies¿ clear gifs and log file information to deliver product offers and other content specific to your interests and remember information so that you will not have to re-enter it each time you visit the Website.
Special Note to International Users
The following General Terms and Conditions of Sale govern the sale of merchandise by Fashion Hub Inc(the “Provider” or “we”) to you through www.overstockdesigners.com (“Site”). The Site is available worldwide. Your use of the Site to purchase merchandise indicates your agreement to follow and be bound by these General Terms and Conditions of Sale.
1. ORDERS & PRODUCTS
All orders are subject to e-mail confirmation by us. Please note that the products displayed on the Site may be out-of-stock or discontinued, and availability is not guaranteed. Please note that while we have tried to display the colors of products accurately, the actual colors you see will depend on your monitor and may not be accurate.
All prices are in CAD Dollars. Prices may change without notice. The total invoice price (Total amount due) is inclusive of Sales Tax applied with individual State and local regulations according to the State of your shipping address. Will indicate an estimation of the tax charges on the Confirmation page of the Shopping Bag. This estimation will also be equal to or less than the exact Sales Tax applied. Exact tax charges will be calculated automatically after your order is shipped. The final order total is indicated in the invoice you will receive with the Shipping Confirmation e-mail. Depending on the tax laws in each state, you may be required to pay Use Tax on purchases for which Sales Tax has not been collected. All prices are inclusive of customs and import duties.
3. SHIPPING COSTS
You are responsible for the shipping costs associated with delivering the products you purchase on the Site as specified on your order confirmation.
4. SHIPMENTS AND DELIVERY
You bear all risks of loss and damage to the products since the same have cleared our fulfillment house. Delivery is deemed complete, and title to the products passes to you upon acceptance of shipment by a common carrier.
5. RETURNS AND REFUNDS
Please refer to our Return and Refund Policy, which forms an integral part of these General Terms and Conditions of Sale.
6. BINDING AGREEMENT
Our order confirmation, these General Terms and Conditions of Sale and our other Site Policies shall be deemed the final and integrated agreement between you and us on the matters contained in these General Terms and Conditions of Sale.
7. GOVERNING LAW AND CHOICE OF FORUM
The laws of the State of British Columbia Canada (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely in the City of Vancouver, State British Columbia, Canada.
8. DISCLAIMERS AND LIMITATIONS OF LIABILITY
THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN THE www.overstockdesigners.com SITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. THE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
If any provision of these General Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.
11. FORCE MAJEURE
Provider shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.