Terms And Conditions

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 the 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 the property of Fashion Hub Inc, with registered offices in Vancouver Canada, (“www.overstockdesigners.com”) and is operated, under British Columbia Corporation Law.

  • SITE POLICIES
    Please review our General Terms and Conditions of Sale, Return Policy and Privacy Policy (collectively, the “Site Policies”). All Site Policies are incorporated in these General Terms and Conditions of Use by this reference and, therefore, apply to your access to, use of and purchase of products from the Site. If you do not agree to our Site Policies, please do not use the Site. We reserve the right to make changes to the Site, the Site Policies, and these General Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
  • USER’S SUBMISSIONS
    We welcome your comments and feedback regarding the web Site, 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.
  • COPYRIGHT

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 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, birthdate, and credit card information) when participating in various activities on the Website.
  • Information Collected by “Cookies”: When you visit the Website, Bluefly and/or third parties that we contract with may send one or more “cookies”, javascript tags or similar devices to your computer. A “cookie” is a small line of text that is stored with your Web browser, which overstockdesigners uses to help provide better service to you. Your browser has options to accept, reject or provide you with notice when a cookie is sent. overstockdesigners may use cookies for many purposes, including (without limitation) to save your password so you don’t have to re-enter it each time you visit the Website, and to deliver content (which may include product offers) specific to your interests.
  • 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.
  • Various features on the Website may allow you to share your information with others by publicly posting that information on the Website and/or sharing that information by other communication methods including (without limitation) email, Facebook or Twitter. To the extent that you choose to share any such information it is no longer considered personal information and is not covered by this privacy policy.
  • How does overstockdesigners Use Personally Identifiable Information?
  • Overstockdesigners will use information you provide to process and fulfill your order, including to send 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.

overstockdesigners may provide personally identifiable information to employees, consultants, affiliates or other businesses or persons for the purpose of processing such information on its behalf. In such circumstances, overstockdesigners requires that these parties agree to protect the confidentiality of such information and to comply in all respects with this Privacy Policy.

Overstockdesigners may share your personally-identifiable information, including your name, address, email address, as well as a record of any transactions you conduct on the Website or offline with overstockdesigners with third-party advertising companies and their service providers in order to deliver to you banner advertisements and other advertising tailored to your interests when you visit certain websites, and may allow such parties to use cookies, java script tags, web beacons, tracking pixels or similar devices in order to gather such information. These advertising companies will make the data provided to them anonymous. To discontinue receiving advertisements from Blue Kai, one of the advertising companies we work with.

To the extent that you use electronic wallet technology provided by another interactive service, we may share some of your purchase information with that service to assist it in serving you better. However, rest assured that we would only share that information with the service you are using and then only to the extent that such service agreed to protect your private information by adopting a privacy policy with appropriate protections.

  • 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.
  • Overstockdesigners may provide personally identifiable information to employees, consultants, affiliates or other businesses or persons for the purpose of processing such information on its behalf. In such circumstances, Overstockdesigners requires that these parties agree to protect the confidentiality of such information and to comply in all respects with this Privacy Policy.
  • 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. It is important that you protect against unauthorized access to your password and to 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, and it accepts no liability for any unintentional disclosure.

How Does overstockdesigners Use Personally Identifiable Information?

OVERSTOCKDESIGNERS will use information you provide to process and fulfill your order, including to send 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 Website is hosted in the United States and is intended for and directed to users in the United States. If you are accessing the Website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Website, which is governed by U.S. law, this Privacy Policy, and our Conditions of Use, you are transferring your personal information to the United States and you consent to that transfer.

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 to 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 accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

2. PRICES
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. An estimation of the tax charges will be indicated in the Confirmation page of the Shopping Bag. This estimation will also be equal or less than the exact Sales Tax applied. Exact tax charges will be calculated automatically after your order is shipped and 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 the delivery of 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 from the time 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 NONINFRINGEMENT, 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.

9. SEVERABILITY
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.

10. PRIVACY
The terms and conditions of the our Privacy policy govern the processing of all personal data collected from you in connection with your purchase of products through the Site

11. FORCE MAJEURE
Provider shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.