Terms & Conditions

USE OF THE WEBSITES

    Pinky Clothing and its affiliates and subsidiaries (together, "Pinky Clothing", "our", "us" or "we") operates pinkyclothingus.myshopify.com as well as all other domain names owned by us which point to these addresses (the "Websites" for your personal and non-commercial use and information. Your use of the websites is subject to the following terms and conditions of use and sale (the "Terms") and all applicable laws. By accessing and browsing the websites, you accept, without limitation or qualification, the terms. If you do not agree with any of the terms, please do not use the websites. The expression "websites" also includes the Apps and the Loyalty Programs, as such expressions are defined herein.


    Pinky Clothing reserves the right to change, modify, alter, add, remove or otherwise update the terms (or any portion thereof) applicable to the websites without prior written notice at any time, and from time to time, at Pinky Clothing's sole discretion. We will notify you of any such changes, modifications, alterations or updates to the websites by posting notice of same on the websites. Following the posting of any such notice, your continued use of the websites will constitute your acceptance of the new terms and other policies, as modified, and you will be bound by said new terms and policies. Certain provisions of these terms may be superseded by legal notices or terms located on particular pages of the websites.


    Pinky Clothing's products and services available through the websites (the "Product" or the "Products") may be ordered by persons who reside in the United Kingdom, United States, Canada and in other countries or territories as we may determine. The websites are not intended for access or use outside these territories. You are responsible to ensure that your access to the websites and the information and material available on or through them are legal in each jurisdiction in or through which you access or view the websites and such information and material.


    PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITES, AS THEY INCLUDE PROVISIONS, SUCH AS LIMITATION OF LIABILITY, DISPUTE RESOLUTION AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.


    YOUR USE OF THE WEBSITES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.


    ACCEPTABLE USE POLICY

      As a condition of your use of the websites, you hereby represent and warrant to Pinky Clothing that you:

      • will only use the websites for lawful purposes in accordance with the terms and our online privacy policy;
      • agree to honor our intellectual property rights;
      • agree to provide us with accurate information as necessary for the proper conduct of the websites, and to take responsibility for the information you provide;
      • acknowledge that we may be unable to process and shall have no responsibility to process requests, the accuracy of which we cannot validate;
      • agree not to create a link (other than personal "bookmark" or "favorites" entry) to the websites without first obtaining our written permission;
      • will refrain from using profane, vulgar, inflammatory, libelous, or similarly discourteous language in any email or form entry created through the websites; and
      • shall not interfere or attempt to interfere with the operation of the websites in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or other means expressly prohibited by any provision of the terms.

      PRIVACY

        Our privacy practices respecting the information we collect during your visit to the websites are explained in our privacy policy, the terms of which are hereby incorporated herein by reference. Your continued use of the websites implies that you acknowledge that you have read our privacy policy and agree to its terms, and that you consent to our use of your personal information and the content which you provide us through the websites and any social networking pages, such as Facebook, Twitter, YouTube and other social media platforms in accordance with the terms of and for the purposes set forth in our privacy policy, as may be amended from time to time.


        NO USE BY MINORS

          The websites are intended for use by adults only. If you use the websites to purchase products, you represent that you are of legal age to enter into any purchase agreement through the websites and become bound by its terms. If you are under the age of majority in the jurisdiction in which you reside, your parent or guardian should use the websites on your behalf and you should not use the websites on your own or provide any personal information to Pinky Clothing. We do not knowingly collect information from children under the age of 13.


          MOBILE APPLICATIONS

            Pinky Clothing's mobile applications for download to your mobile device (the "Apps") are subject to all sections of these terms, where applicable.


            PINKY CLOTHING LOYALTY PROGRAM

              *The Pinky Clothing Loyalty Programs are a fun and personalized loyalty experience that reward members for shopping at Pinky Clothing in-store, online or on the app.

               

              Program Overview:

              Pinky Clothing Loyalty Program are the loyalty reward programs offered by Pinky Clothing ("Pinky Clothing") (the "Loyalty Programs"). The Loyalty Programs allow members to earn badges and rewards (each defined below) through the purchase of products from the websites, the apps and both the Pinky Clothing brand stores (the "Stores").


              The Loyalty Programs allow persons who have completed the membership enrolment steps described below (the "Members") to earn badges (the "Badges") when making purchases in-store, online and through the apps, and to redeem these badges for rewards, benefits and/or rebates occasionally offered by Pinky Clothing (the "Rewards") as well as have access to exclusive offers, events and contests which may be occasionally offered by Pinky Clothing (the "Offers", and collectively with the Badges and the Rewards, the "Benefits").


              The accumulation of benefits does not entitle members to any vested rights and, in accumulating benefits, members may not rely upon the continued availability of any Benefit or the continued existence of any aspect of the Loyalty Program. Changes to any of these matters may affect the benefits that a member has already accumulated, as well as any future accumulation of any benefits.


              Current Pinky Clothing offerings for the accumulation or redemption of badges and rewards, including information on a member's balance, are available on the "My Profile" section of the pinkyclothingus.myshopify.com website. Pinky Clothing specifically reserves the right to withdraw or terminate the Loyalty Programs and any badges or rewards issued thereunder upon thirty (30) days' notice. By enrolling in the Loyalty Programs, you agree to these Terms and you consent to the collection and use of your personal information in accordance with our Privacy Policy.


              PRODUCT PURCHASES AND USER ACCOUNT

                If you register on the websites for the purchase of products, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your account, and you agree to accept responsibility for all activities that occur under your account or password. Pinky Clothing reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.


                PRODUCT INFORMATION

                  Products which may be purchased from the websites are available for sale and distribution to customers in the United States, Canada, United Kingdom and other countries or territories where Pinky Clothing deems it advisable. We attempt to ensure that information on our websites is complete, accurate and current. Despite our commercially reasonable efforts, information on the websites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the websites.

                  For example, products included on the websites may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the websites. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of our acceptance of your offer to buy a product or service from Pinky Clothing. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.


                  All features, content, specifications, products and prices of products described or depicted on the websites are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Pinky Clothing attempts to be as accurate as possible in describing all products available for sale and/or distribution by Pinky Clothing. However, Pinky Clothing does not warrant that product descriptions or other content of the websites are accurate, complete, reliable, current or error-free. We make commercially reasonable efforts to accurately display the attributes of our products, including the applicable colors. Please note that because the colors of the products you see will depend on your monitor, Pinky Clothing cannot guarantee that your monitor will display the exact, actual color of a product displayed.


                  PRODUCT AVAILABILITY

                    Products which may be purchased from the websites are available for sale and distribution to customers these products will be available at that time as at any other time. The availability of certain products may be limited, and Products may not be available for immediate sale. Pinky Clothing may revise or cease to make available any products at any time without prior notice. In the event that Pinky Clothing is unable to deliver to you a product you have ordered due to lack of availability, we will notify you via email and your order will be automatically canceled with respect to such unavailable product, provided that Pinky Clothing may, at its sole discretion, contact you in order to allow you to maintain your order, subject to a revised delivery time if and when the product becomes available.


                    PRODUCT ORDERS

                      Products which may be purchased from the websites are available for sale and distribution to customers before submitting an order for the purchase of products using the websites, you will be shown an order confirmation screen (the "Order Confirmation") describing, among other things, the product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes.

                      When you submit your order, (by pressing the "Place Order" button) such order will constitute an offer from you to Pinky Clothing to purchase the product(s) described in the order confirmation, for the price and subject to the other charges, terms and conditions set out in the order confirmation. Orders are not binding on Pinky Clothing until accepted by Pinky Clothing. Our acceptance of your order is evidenced by return email from Pinky Clothing indicating that your order has been accepted.


                      THE WEBSITES AND THEIR CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE.


                      Canada orders shall be exempt from payment of American federal goods and services taxes and any applicable provincial or harmonized sales taxes, and other American taxes and duties associated with a product order.

                      Pinky Clothing reserves the right to limit the amount of products customers may order.

                      It is your responsibility to ascertain and obey all applicable local, state, provincial, federal and international laws in regard to the possession, use and sale of any item purchased from the websites. By placing an order, you confirm that the products ordered will be used only in a lawful manner.

                      The merchandise shown on the websites constitutes invitations made to you so that you may offer to purchase our products and does not constitute an offer to sell. Your duly filled in and completed order form is your offer to purchase the products indicated by your order. Your order will be considered accepted by Pinky Clothing only if and when we send you a shipping notification via email. This shipping notification, sent by email, constitutes our acceptance of your offer to purchase and represents a contract with Pinky Clothing, who reserves the right to accept or refuse your contract offer.

                      Although it is rare that Pinky Clothing would refuse to accept an order, we reserve the right to deny any order for any reason, including where the following situations arise:

                      • I. Error in Billing, Payment or Shipping Information
                        Some orders cannot be processed due to an error in information you have provided, which includes, but is not limited to:
                        • an incorrect credit card or debit card number, expiration date and/or card security code, or information regarding other payment types;
                        • incorrect billing information (for example, if the billing information you provide is different from information your financial institution has on record);
                        • an insufficient or incorrect shipping address (including street address, city, state, province, territory, zip or postal code);
                        • or any suspected fraudulent information.

                      • II. Merchandise Shipping Delay or Unavailability
                        If an item of merchandise is delayed out of our fulfillment center or becomes unavailable, or if there is an error on our websites relating to the order, (for example, an error relating to the price or description of merchandise) Pinky Clothing may cancel the order. If this occurs we will contact you so that you are aware.

                      • III. Reshipping of Merchandise
                        Pinky Clothing's policies do not allow merchandise to be reshipped. Any orders shipping to a freight forwarder, forwarder, forwarding agent, also known as a non-vessel operating common carrier (NVOCC), road transportation companies, ocean ship line companies, airline companies, a person or company (third party logistics companies) that organizes shipments for individuals or corporations will not be accepted.

                      • IV. Resale of Merchandise
                        Bloomia LTD's Pinky Clothing and other brands are trademarked brands. To protect Bloomia LTD's intellectual property rights, any suspected resale of our merchandise for personal or business profit is strictly prohibited. We will not accept any order found to have characteristics of reselling. We reserve the right to cancel all subsequent orders from such customers.

                      • V. Previous Fraudulent Order History
                        Pinky Clothing may refuse to accept any order if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history. We may also refuse any orders connected with a previous credit card dispute.

                       

                      PRODUCT PRICING

                        All prices and product orders are quoted and shall be processed in the currency appearing on your web page. Although Pinky Clothing strives to provide accurate product and pricing information, errors may occur. Pinky Clothing reserves the right to correct any errors in pricing or product information and to modify the prices of products, at any time, without prior notice. Pinky Clothing cannot confirm the price of a product until after you submit an order for the product. In the event that the price or related information for a product (as described on the websites and/or the order confirmation) is incorrect due to an error in pricing or product information, Pinky Clothing may, at its sole discretion, refuse or cancel your order, whether before or after Bloomia LTD's acceptance thereof. If there is such an error in pricing, Pinky Clothing will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the product at the correct price.

                         

                        CONSENT TO USE ELECTRONIC DOCUMENTS

                          You hereby consent to the exchange of information and documents between you and Pinky Clothing over the internet or by email or by any other means of electronic communication, and you agree that the terms, together with any applicable order confirmation(s) accepted by Pinky Clothing in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we may provide to you electronically satisfy any legal requirement that such communications be in writing.

                           

                          CANCELLATION

                            Pinky Clothing reserves the right, at its sole discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed or accepted and your credit card or other accounts charged. In the event that your order is canceled after your payment has been processed, Pinky Clothing will issue a full refund.


                            CUSTOMER RETURNS OF ORDERS

                              Once an order is submitted it cannot be modified or canceled. You may return your order by mail. 

                              Items purchased online (except for final sale items) can be exchanged or returned within 30 days from your order date. Your original sales receipt is required. If you return it by mail to our distribution center, a credit will be issued directly toward your PayPal or Virtual Debit account.


                              PAYMENT TERMS

                                Terms of payment for any products purchased through the websites shall be determined at Pinky Clothing’s sole discretion. Payment shall be made by credit card or any other pre-arranged method of payment that has been accepted by Bloomia LTD. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.


                                SHIPPING AND TAXES

                                  Pinky Clothing will ship the product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the order confirmation, as long as that shipping address is compliant with the shipping restrictions contained on the websites. Delivery times provided by Pinky Clothing are estimates only. Pinky Clothing shall not be responsible for any damages or costs resulting from any delays in delivery.

                                  Unless otherwise stated, all product prices quoted do not include shipping and handling charges and applicable federal, state and provincial sales taxes. Separate charges for shipping and handling and taxes will be shown on the order confirmation for each order, as applicable. American customers shall be responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the order. Non-American orders shall be exempt from payment of American federal goods and service taxes and any applicable provincial sales taxes, and other American taxes and duties associated with a product order. However, non-American customers are responsible for all sales, use, and any other taxes and duties imposed by any state or jurisdiction in their country of residence, associated with their order.

                                   

                                  OWNERSHIP; RISK OF LOSS

                                    All Product(s) purchased from Pinky Clothing are delivered to you by a third party delivery company, pursuant to a shipping contract. As a result, risk of loss and title for products purchased from the websites pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

                                     

                                    RETURNS

                                      All Product returns are subject to Pinky Clothing's Return Policy the terms of which are incorporated herein by reference. Some restrictions may apply.


                                      COPYRIGHTS AND TRADEMARKS

                                        The design of the websites and all text, graphics, images, illustrations, articles, information, photographs, software, audio clips and video clips, information, content, and other material displayed on or that can be downloaded from the websites are protected by copyright, trademark and other laws and may not be used except as permitted in these terms or with prior written permission of the owner of such material. The software and other technology components of the websites are protected under applicable copyright laws in favor of Pinky Clothing and/or its affiliates, subsidiaries and suppliers. The contents of the websites are protected under applicable copyright laws in favor of Pinky Clothing and/or its affiliates, subsidiaries and suppliers. All rights reserved.

                                         

                                        You may not modify the information or materials displayed on or that can be downloaded from the websites in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations

                                        The material on the Websites is protected in the United States and in other jurisdictions by the Copyright Act and by virtue of the applicable international conventions and treaties. Pinky Clothing is the owner of the copyright on the websites and, consequently, the material on the websites may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part, in any form whatsoever, including but not limited to text, audio or video, without Pinky Clothing's prior written consent.


                                      1. Copyrights
                                        Users of this site providing, without limitation, feedback, data, questions, comments or suggestions to Pinky Clothing transfer and assign any and all rights attached to such feedback, data, questions, comments or suggestions, to Pinky Clothing and further waive any and all moral rights they may have therein. Pinky Clothing shall be free to reproduce, use, disclose and distribute such feedback, data, questions, comments or suggestions to third parties (excepting personal information allowing to identify such users), without limitation. Additionally, Pinky Clothing shall be free to use any ideas, concepts, know-how or techniques contained in such feedback, data, questions, comments or suggestions for any purpose whatsoever including, but not limited to developing, manufacturing and marketing products, and/or services incorporating such feedback, data, questions, comments or suggestions. Lastly, Pinky Clothing reserves the right to publish reviews from customers using their first name for marketing purposes only.

                                      2. Trademarks
                                        Certain trademarks, trade names, service marks and logos (collectively, the "Marks") used or displayed on the websites are registered and unregistered marks of Pinky Clothing. Other marks used or displayed on the websites are the registered and unregistered marks of their respective owners. Nothing contained in the websites is to be interpreted as conferring a right to use the marks or the material protected by the Copyright Act without the express prior written permission of Pinky Clothing or such other owner. Notwithstanding the foregoing, Pinky Clothing authorizes you to make one electronic or paper copy of the information posted on any page of the websites provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on any such page of the websites. This license does not include any resale of the websites or their contents; any collection of product listings, descriptions or prices; any other derivative use of the websites or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any page on the websites or any trademark, logo or other proprietary information (including images, text, page layout, or form) of Pinky Clothing without express written consent from Pinky Clothing. You may not use any meta tags or any other "hidden text" utilizing Pinky Clothing's name or trademarks without the express written consent of Bloomia LTD. Any unauthorized use of the Websites and/or their contents terminates the permission or license granted by Bloomia LTD.
                                      3. Except as what may otherwise be expressly provided herein, nothing contained in the terms shall be construed as conferring by implication, estoppel or otherwise, any license or right under any copyright, patent, trademark or other intellectual property right of Pinky Clothing or any other person or entity.
                                      4.  

                                        ENGAGEMENT WITH PINKY CLOTHING AFFILIATES

                                          Pinky Clothing reserves the right to block from receiving marketing communications or to remove and unsubscribe from all Pinky Clothing platforms any email address, phone number, and/or mailing address associated with customers determined by Pinky Clothing to have characteristics of reselling and/or customer orders determined by Pinky Clothing to be fraudulent. Pinky Clothing platforms affected by such removal include but are not limited to: (i) any of Pinky Clothing's online accounts; (ii) promotional club memberships; (iii) email marketing lists; (iv) text messaging programs; or (v) direct mailing lists. In addition, affected customers may be prohibited from accessing or registering for all of the aforementioned platforms in the future.

                                           

                                          YOUR MATERIAL

                                            Pinky Clothing is not responsible for any text, image, video, audio, or any information, content or other materials you may introduce into or post through the websites or any other Pinky Clothing websites including any Pinky Clothing pages on social networking websites and webpages such as Facebook, Twitter, YouTube and other social media platforms (collectively, your "Material"). You acknowledge and agree that your material does not necessarily reflect the views, ideas or opinions of Pinky Clothing or any of its divisions, affiliates, subsidiaries, directors, officers, employees, agents, contractors and suppliers and that we disclaim any and all responsibility for any of your material. You agree never to knowingly or otherwise introduce or post material that is defamatory, libelous, slanderous, obscene, abusive, fraudulent, or that violates any other party's proprietary rights, promotes hatred, otherwise gives rise to a criminal offense or civil liability on the part of any person or entity, or that is otherwise unlawful or in contravention of applicable laws and regulations. You hereby agree to defend and hold Pinky Clothing harmless against all claims, damages, liability, losses or expenses resulting from or related to your material. Pinky Clothing reserves the right to edit, alter or delete any material at any time without prior notice. All material must be solely for non-commercial, personal purposes and may be protected by applicable copyright laws.

                                             

                                            CONFIDENTIALITY OF THE MATERIAL TRANSMITTED

                                              Other than your account information and your information needed to process orders, Pinky Clothing does not wish to receive material from you that is confidential, secret or proprietary information.

                                              You acknowledge and agree that any material which you provide including, but not limited to, your ideas, suggestions, comments and other feedback regarding your use of the websites or the products, is not, except as may be required under applicable law or pursuant to Pinky Clothing's Privacy Policy, confidential, secret or proprietary.

                                              You hereby acknowledge and agree that any or all information and material provided by you to the websites may be included in a database owned by Pinky Clothing in which we have rights and interests, including, but not limited to, the compilation copyright, and we reserve the right to use any information or materials you provide to us or that we obtain through your use of the websites to the fullest extent permitted by law. You, therefore, consent to Pinky Clothing using any such information or material provided, in whole or in part by any means or in any manner whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of Pinky Clothing or the disclosure of your identity, in accordance with the Terms and Pinky Clothing's Privacy Policy.

                                              For greater certainty, and without limitation to the generality of the foregoing, by posting messages, uploading files, inputting data or engaging in any other form of communication to or within the websites, you hereby grant Pinky Clothing a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the content of your communications and any ideas or original materials contained therein, in all media now known or developed in the future. This grant shall include the right to exploit any and all proprietary rights in and to any such communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You hereby waive all rights you may have to inspect and/or approve of any use by Pinky Clothing of any material or ideas submitted by you or the right to receive any compensation for such use. You waive all rights to any claim against Pinky Clothing for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with any of the foregoing. You agree and understand that Pinky Clothing is under no obligation to use any material or ideas submitted by you in any way whatsoever.

                                              Furthermore, you acknowledge that unprotected email communications and other transmissions over the Internet are not confidential and may be subject to possible interception, alteration or loss. You acknowledge and agree that by submitting any such communications to Pinky Clothing or the Websites, no confidential, fiduciary, contractually implied or other relationship is created between you and Pinky Clothing other than pursuant to the terms. Pinky Clothing shall not be responsible for the payment of any monies to any other party in connection with Pinky Clothing's use of any information or material provided by you to Pinky Clothing or the websites. You also represent and warrant that any and all such information or material which you provide to Pinky Clothing, whether provided by you electronically by accessing or using the websites or otherwise, and Pinky Clothing's use of this information and material so provided as permitted in the terms, does not infringe the rights of any other person or entity.

                                               

                                              SUBSCRIPTION TO EMAILS, TEXT MESSAGES AND NOTIFICATIONS
                                              1. Emails
                                                You may opt-in to receive email communications from us:
                                                • by default when enrolling in the Loyalty Program; or
                                                • by signing up to receive newsletters on the Website.


                                                Loyalty Program Members will be automatically subscribed to Pinky Clothing newsletters.

                                                Opt out from receiving email communications from us by:

                                                • unsubscribing to the Loyalty Program (see "Termination of the Loyalty Programs" section). Loyalty Program Members who want to remain Members may unsubscribe only from e-blasts (commercial emails) by opting-out on the Website;
                                                • clicking "unsubscribe" on an email; and
                                                • changing communication preferences on the "My Profile" section of the Website.


                                              2. Push Notification on the App
                                                You may opt in to receive push notifications on the App by accepting push notifications when signing up to the App or the first time you use the App.
                                                To opt out of push notification, go to the notification settings of your device, find the Pinky Clothing app and switch notifications to 'off'.

                                              3. Shipping Notification Alerts
                                                Pinky Clothing may also operate separate text message or email shipment notification alerts, which are subject to these Terms where applicable. Shipping alert text messages or emails do not come from the same short code, but instead come from a separate ten digit phone number or separate email address. Therefore, the shipping alert text messages and emails are separate and distinct from any brand's marketing text message or email program, and opting out of the shipping alert text messages or emails will not opt you out of the marketing text messages and emails, and vice versa.
                                                You can opt out of shipping alert text messages or emails at any time by completing the actions as described in the "Email" and "Text Message" sections, as the case may be.

                                              4. General
                                                By opting in to receive emails, text messages and/or push notifications (the "Electronic Communications") from us, you are consenting to receive such ongoing Electronic Communications, including from automatic telephone dialing or automatic email systems. Your consent to receive such Electronic Communications is subject to these Terms, and also is subject to Pinky Clothing's Privacy Policy.
                                                Your consent to receive Electronic Communications is not a condition of purchasing goods or services from Pinky Clothing but is required for participation in our Loyalty Program. You agree that when you submit a request to opt in or opt out of receiving Electronic Communications, you may receive confirmatory text messages and/or emails from us.
                                                In addition to the confirmatory Electronic Communication, you may receive a limited number of marketing text messages per calendar month for each brand for which you have signed up, as part of the ongoing text message program and newsletter email program to which you subscribed, which may include the latest updates on products, contests, special offers, polls and trivia, bestsellers, what's trending on social media or other similar content. You agree that any Electronic Communications sent in response to consumer-initiated communications are in addition to the marketing Electronic Communications set forth above.
                                                You agree that these opt-out instructions, and/or any opt-out instructions in the Privacy Policy, provide the exclusive means of revoking your consent to receive Electronic Communications. You warrant that you have provided your accurate mobile telephone number and/or email address to Pinky Clothing and that you have authority to consent to receive Electronic Communications at these addresses. Before changing, deactivating, or relinquishing your mobile phone number or email address, you agree that you will opt out of Pinky Clothing Electronic Communications. Failure to do so constitutes a material breach of these Terms. To opt back in with your new mobile number and/or email, follow the opt-in procedures described herein.
                                                For help related to the text message or email program, reply HELP/AIDE to any email received from any brand, or text HELP/AIDE to the short code above associated with the brand. For contact information of the sender related to the texts or emails, reply INFO to any email received from any brand, or text INFO to the short code above associated with the brand. You agree that when you initiate a text message to any of our brands' short codes, including STOP/ARRET, HELP/AIDE, INFO, and others, you may receive in reply, related text messages that are in addition to the above-referenced marketing text program messages.
                                                You acknowledge that your request to stop receiving Electronic Communications may take up to 7 business days to take effect and that you may, during that time, continue to receive some Electronic Communications from us. Pinky Clothing will use commercially reasonable efforts to comply with your request during that period of time.
                                                You agree that Pinky Clothing may change these Terms from time to time, through updating the online version of these Terms. Should there be a material change to these Terms, Pinky Clothing will provide notice of such change via text messaging or email, depending on the medium on which you have subscribed to receive promotional materials, and such notices shall be in addition to the general marketing text messages and emails under this program.
                                              5.  

                                                USE OF YOUR MATERIAL BY US

                                                  You consent to Pinky Clothing using any of your material, in whole or in part by any means or in any manner whatsoever, including reproducing, retransmitting or publishing your material for Pinky Clothing’s commercial purposes, in accordance with Pinky Clothing's Privacy Policy

                                                   

                                                  SURVEILLANCE

                                                    Pinky Clothing may monitor the access to the websites (and any other of its websites) and other activities in relation to the websites (and any other of its Websites) and may intervene in this regard. However, Pinky Clothing makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if Pinky Clothing ever decides to do it.

                                                     

                                                    LINKS TO OTHER WEBSITES
                                                    1. Linking to the Websites
                                                      Creating or maintaining any link from another website to any page on the websites without our prior written permission is prohibited. In order to obtain such permission, please refer to the “Contact Us” section below. Running or displaying the websites or any information or material displayed on the websites in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the websites must comply will all applicable laws, rules and regulations.

                                                    2. Third Party Links
                                                      From time to time, the websites may contain links to websites that are not owned, operated or controlled by Pinky Clothing or its affiliates and subsidiaries. All such links are provided solely as a convenience to you. If you use these links, you will leave the websites. Neither we nor any of our affiliates or subsidiaries are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates or subsidiaries endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the websites, you do so entirely at your own risk.

                                                    3. DISCLAIMERS

                                                        Your use of the websites is at your own risk. The information, materials and services provided on or through the websites are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither Pinky Clothing nor any of its affiliates or subsidiaries warrant or undertake that any errors on or relating to the websites will be corrected, or that any server from which the websites are operated is or will be free from viruses or other harmful components. The information, materials and services provided on or through the websites may be out of date, and neither Pinky Clothing nor any of its affiliates or subsidiaries makes any commitment or assumes any duty to update such information, materials or services.


                                                        To the fullest extent permissible by applicable law, Pinky Clothing its affiliates, subsidiaries and suppliers and vendors hereby disclaim all warranties of any kind, either expressed or implied, including any implied warranties with respect to the products and services listed or purchased on or through the websites. Without limiting the generality of the foregoing, Pinky Clothing and its affiliates and subsidiaries hereby expressly disclaim all liability for product defect or failure claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. Pinky Clothing and its affiliates and subsidiaries make no warranties to those defined as “consumers” in the US Magnuson Moss Warranty-Federal Trade Commission Improvements Act, if applicable, or in any Act of a Similar Nature In Any Territory. The Foregoing Exclusions of Implied Warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. 

                                                        Except as expressly provided for in the terms, the websites and all materials, products and information provided through or on the websites are provided to you on an “as is”, “as available”, “with all faults” basis and Pinky Clothing does not make or give any representations, warranty or condition of any kind, whether express or implied, written or oral, statutory or otherwise, including without limitation (I) Warranties as to uninterrupted or error-free transactions, privacy, or security, (II) Accuracy, adequacy or completeness of the websites and the content thereof, the information, materials and functions made accessible by the software used on or accessed through the websites, any products or services or hypertext links to third parties, or for any breach of security associated with the transmission of sensitive information through the websites or any linked site; or (III) Merchantability, quality, title, durability, suitability, non infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade. These exclusions are in addition to any specific exclusion otherwise provided in the terms.

                                                        Because certain federal, state of provincial laws do not permit the exclusion of certain warranties the exclusions may not apply to you. 

                                                        This section shall survive the termination or expiry of these terms.

                                                         

                                                        INDEMNIFICATION

                                                          By using the websites, you hereby agree to indemnify, defend and hold Pinky Clothing harmless from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, commercially reasonable attorneys’ fees) incurred by Pinky Clothing in connection with any claim arising out of, based upon or resulting from your use of the websites. Pinky Clothing reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any matter without Pinky Clothing’s written consent.


                                                          FOR THE PURPOSES OF THIS SECTION, “PINKY CLOTHING” SHALL INCLUDE PINKY’S DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, MANDATARIES, CONTRACTORS, LICENSORS, LICENSEES AND THIRD-PARTY SUPPLIERS.


                                                          THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THESE TERMS.

                                                           

                                                          LIMITATION OF LIABILITY

                                                            Neither Pinky Clothing nor any one of its affiliates and subsidiaries assumes any responsibility, and will not be liable to you for any damages or losses resulting from viruses, data corruption or failed messages that may infect your computer, telecommunication or failed messages, that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the websites, or your downloading of any information or materials from the websites.

                                                            In additions, neither Pinky Clothing nor any one of its affiliates and subsidiaries may be held liable for any damages arising as a result of transmission errors or problems, telecommunications service providers, Pinky Clothing’s contractors the internet backbone, third party suppliers of products or services, damages or losses caused by you, or your respective employees, agents, mandataries or subcontractors, or other events beyond the commercially reasonable control of Pinky Clothing.

                                                            Furthermore, under no circumstances shall Pinky Clothing or any one of its affiliates and subsidiaries be liable for any losses or damages from the use of, or reliance on, the information, or use of the websites. Pinky Clothing and its affiliates and subsidiaries make no warranty, or guarantee as to the content, accuracy, timeliness or completeness of the information or that the information may be relied upon for any reason. In no event will pinky or any one of its affiliates and subsidiaries, or any of their respective officers, directors, employees, shareholders, affiliates, subsidiaries, agents, successors or assigns nor any party involved in the creation, production or transmission of the websites, be liable to you or anyone else for any direct, indirect, special, exemplary, punitive, incidental or consequential damages, including but not limited to, any lost data, lost profits, lost savings, loss of goodwill, lost business, loss of use or lack of availability of facilities including computer resources, routers and stored data, arising of the use, inability to use, or the results of use of the websites, any website linked to the websites, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.

                                                            In the event of any problem with the websites or any content, you agree that your sole remedy is to cease using the websites. In the event of any problem with the products or services that you have purchased on or through the websites, you agree that your sole remedy, if any, is to seek a return and refund for such product or services in accordance with the return policies posted on the websites. You further agree to defend, indemnify, and hold Pinky Clothing and its affiliates and subsidiaries harmless from any and all liabilities, costs, expenses, and attorneys’ fees, arising from the use of the websites. Certain federal, state or provincial laws may 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. please refer to your local laws for any such prohibitions.

                                                            If, despite the limitations above, Pinky Clothing is found liable for any damage or loss in connection with the websites, in no case will Pinky Clothing’s total liability arising under any cause whatsoever (including without limitation breach of contract, negligence, gross negligence or otherwise) be for more than, in the aggregate, the lesser of $100 or the amount paid by you for the specific products purchased by you and to which the claim relates.

                                                            For the purposes of this section, “Pinky Clothing” shall include Pinky Clothing’s directors, officers, employees, agents, mandataries, contractors and third party suppliers. 

                                                            This section shall survive the termination or expiry of these terms.

                                                             

                                                            MODIFICATION OF WEBSITES; RESERVATION OF RIGHTS

                                                              Pinky Clothing may, for any reason in its sole discretion and without notice to you, terminate, change, suspend or discontinue the websites or any aspect of them, including but not limited to any of the websites’ content, features or hours of availability and Pinky Clothing will not be liable to you or any third party for doing so. Pinky Clothing may also impose rules for and limits on use of the websites or restrict your access to part, or all, of the websites without notice or liability. All rights not expressly granted in the terms are reserved to Pinky Clothing.

                                                               

                                                              ENUREMENT

                                                                The Terms shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.

                                                                 

                                                                GOVERNING LAW

                                                                  The websites are controlled and operated by Pinky Clothing from London, United Kingdom, and the terms, the websites, any use of the websites and any transaction conducted on or from it shall be governed by the laws of the London and the laws of United Kingdom, applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

                                                                   

                                                                  DISPUTE RESOLUTION

                                                                    You acknowledge and agree that any dispute that may arise between you and Pinky Clothing with respect to the terms and the transactions contemplated herein shall be resolved by the provincial and federal courts and tribunals sitting in the Judicial District of London, Province of United Kingdom, and you hereby irrevocably submit and attorn to the personal and exclusive jurisdiction and venue of these courts.

                                                                     

                                                                    SEVERABILITY

                                                                      If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

                                                                       

                                                                      JURISDICTION

                                                                        Pinky Clothing makes no representation that materials, information or products provided on or through the websites are appropriate or available for use in other locations or jurisdictions than the United Kingdom. Those who choose to access the websites from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

                                                                         

                                                                        COOKIES

                                                                          Pinky Clothing may use "cookies" to track your preferences and activities on the websites. Cookies are small data files transferred to your computer’s hard drive by a website. They keep a record of your preferences, making your subsequent visits to the websites more efficient. Cookies may store a variety of information, including, the number of times that you access a website, your registration information and the number of times that you view a particular page or other item on the website. The use of cookies is a common practice adopted by most major websites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of the websites’ functions will not be available, and the user will lose some of the benefits of the websites.

                                                                           

                                                                          NO WAIVER

                                                                            Pinky Clothing's failure to enforce any provisions of the terms or to respond to a breach or default by you or any third party of the terms shall not in any way waive Pinky Clothing's right to subsequently enforce any of the terms contained herein or to act with respect to similar breaches or defaults.

                                                                             

                                                                            EXPORT LAWS

                                                                              Products sold or delivered under the terms shall be subject to export control laws and regulations of the United States. You agree to comply at all times with all such laws and regulations. You hereby agree to indemnify, defend and hold Pinky Clothing harmless against all claims, damages or liability resulting from breach of the foregoing.

                                                                               

                                                                              ENTIRE AGREEMENT

                                                                                The terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and Pinky Clothing with respect to the use of the websites and any transaction conducted on or from the websites and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified, except in writing or by Pinky Clothing making such amendments or modifications available to it pursuant to the terms hereof.

                                                                                 

                                                                                NO ASSIGNMENT

                                                                                  You may not assign your rights or obligations herein without Pinky Clothing’s express written consent.

                                                                                   

                                                                                  TERMINATION

                                                                                    Pinky Clothing reserves the right, at its sole discretion, to terminate your access to all or any part of the websites, with or without notice.

                                                                                     

                                                                                    HEADINGS

                                                                                      The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the Terms herein.


                                                                                      CONTACT US

                                                                                      1. BY EMAIL - pinkyclothingusa@gmail.com

                                                                                      2. BY MAIL - Bloomia LTD. 

                                                                                      71-75 Shelton Street, Covent Garden

                                                                                      London, United Kingdom, WC2H 9JQ

                                                                                      United Kingdom

                                                                                      NOTE: Please be sure to include your full name and the relevant information you wish for us to remove. It may take up to 10 business days to process your postal mail request, during which period the information will remain available.