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PromGirl Terms and Conditions
** Once your order is placed, you cannot change, alter, or cancel your order in any way. In the event an item in your order is not available you will be offered alternatives or the option to receive a full refund for the item to the original payment method. **
** If for any reason you are not completely satisfied with your purchase you may return your merchandise for store credit less applicable fees. We do not issue refunds. Final Sales items cannot be returned or exchanged. Shipping fees are non-refundable.
** Special Occasion dresses are delicate and require extra caution when handling. Our items are carefully inspected before they are shipped to you. If for any reason you receive an item that is less than perfect, you must let us know within 48 hours of receipt of the package.
** All items should be returned in the same condition as when you received them. Items returned without tags, appear to have been worn, washed, altered, stained, have an odor, have pet hair or appear to have been tampered with in any way, may be subject to the return being rejected and the item returned to the customer at their expense.
** We have no control and accept no responsibility for the sizing you select for your merchandise. Please check the provided size chart to ensure correct sizing. **
RETURN AND EXCHANGE POLICY
RETURN INSTRUCTIONS
-A RA# must be requested and the package shipped within 10 days of receipt of the item. Packages without a RA # or outside 10 days will be denied and/or refused.
-Place your item back in the bag or box with your original packing slip. Clearly write your return authorization number on the outside of the return package.
-Once your item is received and inspected, we’ll send you an email notification that your store credit has been processed. Shipping fees are non-refundable.
-All returns are charged a handling fee per order. The handling fee is $8.95. A prepaid shipping label* is included in this fee and can be requested at time of return authorization request. You may also use your own label using any other trackable method.
-*Continental US only. All international customers are responsible to pay any and all fees when shipping back an item. (Duties, taxes, brokerage fees, etc.)
-Once we receive your package, it can take up to ten business days to process your return.
-Final Sale items cannot be returned or exchanged.
For questions, please email us at returns@promgirl.com.Request a return authorization number at www.promgirl.com/pages/returns
INTERNATIONAL SHIPPING
You may be subject to import duties and taxes, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Custom and import duties are not included in our shipping charges.Customs policies vary widely from country to country; you should contact your local customs office for further information before you place your order. Additionally, when ordering from PromGirl.com you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
PromGirl.com reserves the right to approve which countries it will ship to and in the event a country is not approved, the buyer will receive a full refund.
On international shipments, delays may occur that are beyond our control caused by such factors as weather, language barriers, duties, taxes, import restrictions and custom services.
If duties are not paid upon entry to the destination country, or the merchandise is refused, the product will be abandoned in the destination country and the customer will be responsible for 100% of the product cost and shipping. The customer will not receive any type of refund or credit for abandoned products.
ORDER CHANGES AND CANCELLATIONS
Once your order is placed, you cannot change, alter, or cancel your order in any way. In the event an item in your order is not available you will be offered alternatives and the option to receive a full refund to the original payment method.
PRODUCT AVAILABILITY
PromGirl.com has made every effort to display accurately the products featured on the Site. However, the colors we use and the capabilities of your computer monitor will affect the colors you see on your screen. PromGirl cannot guarantee that your computer monitor will accurately display color, texture, or any merchandise details.
PromGirl is not responsible for errors made in selecting a dress size and cannot guarantee a dress will fit. It is the sole responsibility of the shopper to use a tape measure to take their measurements properly and then select the size that best fits them based on the size chart for the particular item purchased. PromGirl reserves the right to change sizes available and the size charts at any time.
SITE CHANGES
In order to keep the site current with our latest fashion ideas, PromGirl frequently changes the merchandise offered. This means that we cannot guarantee that an item displayed on a previous visit to the Site will still be available when you visit again. We reserve the right to make changes to the Site without prior notice. Should you be unable to locate an item you saw on a previous visit, please contact us and we will make every effort to meet your needs. Prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States.
Risk of Loss: Risk of loss or transfer of title to the Buyer or customer occurs when PromGirl delivers the merchandise ordered to a common carrier in good condition for shipment to the customer.
User Comments, Feedback, Postcards, and other submissions: We welcome your comments and feedback regarding the Site, our products and our services. All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to PromGirl on or by the Site or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, the "Comments") shall be and remain PromGirl's property.
Such disclosure, submission or offer of any Comments shall constitute an assignment to PromGirl of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments without payment of any compensation.
Thus, PromGirl will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. PromGirl is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You hereby grant PromGirl an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments (other than your name) for any purpose whatsoever.
Acceptable Uses:
You may use this site for legitimate shopping purposes only. You may not harm the Site in any way or otherwise use the Site in any improper manner, including, but not limited to hacking into the Site's systems, spoofing or faking e-mail headers or slowing or stopping the functionality of the Site.
In the event you register and/or purchase product, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or PromGirl suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, PromGirl, in its sole discretion, has the right to not fulfill your order or suspend or terminate your account and refuse any and all current or future use of the site.
Links to other web sites and services:
The Site may include links to other Internet sites maintained by third parties ("Linked Sites"). Access to Linked Sites are provided to you solely as a convenience, and the inclusion of site links does not imply endorsement by PromGirl. Your access of any Linked Sites is at your own risk and by accessing them you may leave the Site. Linked sites are not under the control of PromGirl and we are not responsible for the contents of any Linked Sites
Disclaimer, Limitation of Liability and Indemnity:
Except as otherwise expressly provided, this site, and all contents and all products and services are provided on an as is basis.
ALL PURCHASES ARE AS IS, WHERE IS. THAT MEANS PROMGIRL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
COPYRIGHT NOTICE
PromGirl respects the intellectual property of others, and we ask our users and visitors to do the same. If you believe that your content has been copied in a way that constitutes copyright infringement, you may submit notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing to the email address of the DMCA agent listed below:
- A description of the copyrighted work that you believe has been infringed, including the URL or location of the original copyrighted work.
- A description of the alleged infringement, including the URL or sufficient details to allow us to locate the alleged infringement.
- A statement that you have a good faith belief that use of the content is not authorized by the owner, its agents or the law.
- A statement that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
- Your contact information including your full legal name, email address, phone number and mailing address.
- Your physical or electronic signature.
DMCA Agent:
New Occasion Brands LLC
298 E Main St, #714
Middletown, DE 19709
Email: legal@occasionbrands.com
Please use email subject line: “DMCA Notice”
LIMITATION OF LIABILITY
PromGirl does not warrant that 1) the contents of this site will be accurate, reliable or free of error 2) that this site or the server that makes it available are free of viruses or other harmful components or 3) that your use of this site will be without interruption.
You use this site at your own risk.
PromGirl nor its affiliated or related entities or it vendors or content providers shall be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise) injury, claim or liability of any kind or character whatsoever based upon or resulting from your use or inability to use the Site or any information or materials provided on the Site. PromGirl is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the Site or any materials on the site, or any of PromGirl's Terms of Use, your sole and exclusive remedy is to stop using this site.
PromGirl shall not be liable for damages of any kind related to your use of or inability to use the Site, even if PromGirl knew, or should have known, of the potential for such damages.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless, PromGirl, its affiliates, parents, and their respective officers, directors, employees, agents, licensors, shareholders, representatives, and third party providers to the Site from and against all third party claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. PromGirl reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with PromGirl in asserting any available defenses.
DENIAL OF ACCESS
These Terms of Use constitute an agreement that is effective unless and until terminated by PromGirl. If in PromGirl's sole discretion you fail to comply with any term or provision of this agreement, PromGirl may deny you access to the Site. In the event of denial of access by PromGirl, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. These Terms of Use constitute the entire agreement between you and PromGirl relating to the subject matter addressed herein.
PRIVACY POLICY
Any personally identifiable information you provide to us shall be subject to the Site's Privacy Policy.
OTHER
If any of these terms of use is unlawful, void, or for any reason unenforceable, then that term shall be deemed severable from the other terms and shall not affect the validity and enforceability of any remaining terms.
These terms of use constitute the entire agreement between PromGirl and you relating to the subject matter herein. PromGirl shall have the right to change or modify these terms of use at any time.