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TERMS AND CONDITIONS OF USE

Welcome to us.sugarbirdfashion.com. These terms and conditions (the “General Terms and Conditions of Use”) govern your use of, access to, and purchase of products from the United States section of us.sugarbirdfashion.com (the "US Site"). By using the US 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 US Site.

 

1. GENERAL

us.sugarbirdfashion.com is the property of Sugarbird Kft., a company having an address at Benczur utca 32., 1068 Budapest, Hungary ("Sugarbird") and is operated under license by Sugarbird Inc., a California corporation having an address at 5967 W. 3rd. Street suite 201. Los Angeles, CA 90036, United States of America (the "Provider").

 

2. OTHER 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 US Site. If you do not agree to our Site Policies, please do not use the US Site. We reserve the right to make changes to the US 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.

 

3. PURCHASE FOR PERSONAL USE ONLY

You may purchase products on the US Site only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale and you accept our General Terms and Conditions of Sale. WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.

 

4. USER'S SUBMISSIONS

We welcome your comments and feedback regarding the US 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 US 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 Sugarbird a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable 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 Sugarbird.

 

5. PRIVACY

We recommend that you read our Privacy Policy, which explains our online privacy practices.

 

6. COPYRIGHT

All content included on us.sugarbirdfashion.com US Site, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the "Content"), is the property of Sugarbird or its content suppliers and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of Sugarbird, or its content suppliers, as the case may be. Sugarbird and its content suppliers shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. Sugarbird and its content suppliers shall have the right, at any time, to claim the authorship of any Content posted on the US Site and to object to any use, distortion or other modification of such Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by Sugarbird or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws.

 

7. LICENSE AND SITE ACCESS

The viewing, printing or downloading of any Content from the US Site grants you only a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any unauthorized use of the US Site and the Content immediately terminates the license granted by the Provider.

You will be solely responsible for all damages and other harm resulting from your use of the US Site and the Content. Sugarbird and the Provider shall not be deemed liable for any use of the US Site and the Content made by you in violation of any applicable laws and regulations and these General Terms and Conditions of Use.

 

8. COPYRIGHT COMPLAINTS

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact a Sugarbird for further information.

 

9. LINKS TO OTHER WEB SITES

The US Site may provide hyperlinks to third party websites (“Third Party Websites"). The Provider and Sugarbird do not operate, control, endorse or guarantee any Third Party Websites. You agree that the Provider and Sugarbird are not responsible for any content, services and/or products provided by any Third Party Website, nor are the Provider and Sugarbird responsible for any practice followed by such Third Party Website with respect to the collection and processing of personal data of their users. When you access any Third Party Website through a hyperlink posted on the US Site, please carefully read the terms and conditions of use, privacy policy and other policies of such Third Party Website. Our policies do not apply to any Third Party Website.

You The Provider provides hyperlinks to Third Party Websites only for the convenience of its users. By providing hyperlinks to Third Party Websites, the Provider does not recommend that its users access such Third Party Websites.

 

YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY THE PROVIDER, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE THE PROVIDER AND/OR SUGARBIRD LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.

 

10. GOVERNING LAW AND CHOICE OF FORUM

The laws of the State of California (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 Los Angeles, State of California.

 

 

11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE US SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THE PROVIDER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PROVIDER DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM THE PROVIDER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. 

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.

RETURN POLICY

We want to make sure that you are completely satisfied with your purchases on this Site. If, for any reason, you are not satisfied with your order, you may return any UNUSED products within twenty (20) days from the date of delivery. Before sending any products back to us, please make sure that all of the following conditions have been correctly satisfied.

The product you wish to return:

can be sent back to us only after you have completed and submitted the online Return Form available on the us.sugarbirdfashion.com US Site within twenty (20) days of delivery; by completing and submitting our online return form you will receive your Return Number, which you must include on your return shipping label;

- must be unused, unworn, unwashed and in the same condition in which it was received by you;

- must have all disposable seals still attached with the disposable seal that must still be intact;

- must be returned complete with all of its parts and accessories;

- must be sent in its original packaging;

- must be shipped back within twenty (20) days of the date of delivery;

- must be sent in one single shipment; products that belong to the same order must be returned to us at the same time; and

- must be shipped from the United States.

If all of these conditions are satisfied, we will refund the value of the returned product(s), Sales Tax included, less any original shipping costs. If you send the package with FedEx, return shipping costs charged to the customer will correspond to $7.00. If you prefer you can send the return at your expense, with a courier of your choice. We will not issue any refunds for returns that do not satisfy all of the conditions indicated above; provided, however, that you will have the option to request within thirty (30) days of being notified that you are not entitled to a refund that your merchandise be shipped back to you, at your own cost, in the condition in which it was received by us.

If you do not request the return of your merchandise within said thirty-day period, you authorize Provider, and any of its affiliates or agents, to dispose of such merchandise as it sees fit.

 

SALES OF BEACHWEAR AND UNDERWEAR ARE FINAL. WE RESERVE THE RIGHT TO DESIGNATE ON THE SITE OTHER NON-RETURNABLE MERCHANDISE. ANY SUCH DESIGNATION WILL BE NOTED ON THE DETAIL PAGE OF THE MERCHANDISE WHICH IS NON-RETURNABLE.

 

REFUND POLICY

Refunds are processed within approximately three (3) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the US Site. If you paid by credit card, refund times will depend on the credit or debit card company’s policies. Be aware that the refund date for the credit will coincide with the date of the original payment, therefore you will not be charged any interest fees. If you paid by PayPal (where available), refunds will be credited to your PayPal account and will be visible immediately. The date of reimbursement to the credit card associated with your PayPal account depends on the company that issued the card. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

 

FEDEX

Your return can be sent to us by Fedex, using the pre-printed label which you can find within the original shipment. If you send the package with Fedex, return shipping costs charged to the customer will correspond to $7.00. If you prefer you can send the return at your expense, with a courier of your choice. In this case return items must be shipped back to: SUGARBIRD Inc. ………………………………………… We are not responsible for any loss or damage to products if you ship your return without using Fedex.

 

WE OFFER NO EXCHANGES ON MERCHANDISE PURCHASED ON THE US SITE

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED ON THE SITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, 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. 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.

 

Force Majeure

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

TERMS AND CONDITIONS OF SALE

The following General Terms and Conditions of Sale govern the sale of merchandise By Sugarbird Inc., (the "Provider") to you through us.sugarbirdfashion.com ("US Site"). The US Site is available only for purchases made and delivered within the United States. Your use of the US 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 registration and an e-mail confirmation by us. Please note that the products displayed on the US 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 US Dollars. Prices may change without notice from time to time. The total amount due is inclusive of sales tax applied in accordance with applicable  state and local regulations based  on your shipping address. The applicable sales tax amount is indicated on the payment page of the cart.

 

The amount of sales tax charged on your order will depend upon various factors, including type of item purchased, sales price and destination of the shipment. Sales tax regulations may change between the time you place an order and the time of credit card charge authorization and this may affect the calculation of sales taxes. The amount appearing on your payment page of the cart may differ from the sales taxes ultimately charged as indicated in the invoice you will receive with the shipping confirmation e-mail.

 

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 US 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 California (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 Los Angeles, State of California.

 

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 US 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 US 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 US Site

 

11. FORCE MAJEURE

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

 

12. ERRORS AND INACCURACIES

Our goal is to provide complete, accurate, and up-to-date information on our website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.