Welcome to Pinkbreath.com. We provide services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any Pinkbreath.com service (e.g. placing an order or writing a customer review), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they are incorporated into this Agreement by this reference. Pinkbreath.com reserves the right to change this site and these terms and conditions at any time.
Accessing, browsing, or otherwise using the site indicates your agreement to all the terms and conditions in this Agreement. Please read this Agreement carefully before proceeding.
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, Pinkbreath.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Pinkbreath.com in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Pinkbreath.com in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Pinkbreath.com in advance. Pinkbreath.com reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Pinkbreath.com believes that customer conduct violates applicable law or is harmful to Pinkbreath.com's interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Pinkbreath.com may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Pinkbreath.com has no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Pinkbreath.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. After registering, you will receive our newsletters with information about sales, coupons, and special promotions. You can unsubscribe by using the link from any email newsletter or your personal subscribe setting after logged in. Default Subscription for Newsletter for Registered Users.
Pinkbreath User Account
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims.Pinkbreath.com assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify the Sponsor against any losses caused due to the use of the entries for any purposes.
Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to the site and/or provide Pinkbreath.com, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to Pinkbreath.com without charge and Pinkbreath.com shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Pinkbreath.com and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by Pinkbreath.com in the future.
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. Pinkbreath.com assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify the Sponsor against any losses caused due to the use of the entries for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the site, you also grant Pinkbreath.com the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this site and that use of your reviews, comments, or other Content by Pinkbreath.com will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Pinkbreath.com or third parties as to the origin of any Submissions or Content. Pinkbreath.com may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
Please kindly note that only orders that are in the paid, processing or partially shipped status may be modified or canceled.
All other orders cannot be changed. We apologize for this inconvenience. In the event that you wish to cancel a shipped or packed order, please contact our dedicated support center for assistance as soon as possible.
If your order, unfortunately, cannot be canceled, we kindly suggest that you accept the package and refer to our warranty policy for more information.
At Pinkbreath all shipments are sent from different warehouses and are delivered duty unpaid. Consequently, any and all customs or import duties are charged once the parcel reaches its destination country. If any, these charges must be paid by the customers. Should the customers refuse the package due to import duties or taxes, they take full liability for all the cost involved in the process. Due to customs regulations, please note that Pinkbreath cannot to declare purchased items as a gift or list an amount lower than the actual product price.
Customer Code of Conduct Policy
At Pinkbreath customer satisfaction is our top priority. We strive to solve all customers problems in a professional and amicable way. However, we will not tolerate any unacceptable or unreasonable behavior towards our Customer Service Team members.
Unacceptable behavior directed towards Customer Service staff or Pinkbreath may, for example, include any of the following:
-Aggressive, abusive and threatening behavior. Examples include any and all direct or implied threats on any communication channel; intimidating language; personal and verbal abuse; sexist, racist, homophobic, or derogatory remarks; rudeness; inflammatory statements; swearing; and unsubstantiated allegations.
-Persistently making habitually demanding or vexatious complaints, despite the matter having been fully addressed; similarly, repeating complaints persisting despite reasonable and fair solutions being offered in accordance with our policies.
-Asking, expecting or demanding staff to breach established company policy guidelines, e.g. refund amount, time-frame, special compensation, etc.; similarly, seeking an unrealistic outcome beyond the scope of our own policies and procedures. By default, the refund amount cannot exceed the original order amount paid to Pinkbreath.
-Repeatedly changing the nature (or focus) of a complaint or the desired outcome, part way, after a formal response has been provided.
-An excessive number of complaints compared to the total purchase value history.
For such behavior, complainants may be advised and formally notified of the following:
-Their language is considered offensive, abusive, threatening, and wholly unacceptable.
-They must refrain from using such language, intimidation, and threats.
-There will be no further exchange of correspondence on the matter if they persist with this behavior.
-Pinkbreath reserves the right to no longer accept orders from the customer in the future without further notice.
Complain Escalation Process
This process applies strictly to Customer Service issues. For separate legal issues such as copyright, please view our legal page.
If the customer is dissatisfied with the solution offered by our Customer Service, the customer may contact our Ticket Supervisor by submitting a new ticket in "submit a formal complaint" section as follows:
Contact us > Submit a ticket > Select Warranty &return > Submit a formal complaint
We will respond to all complaint within 24 hours except on weekends and public holidays.
All text, graphics, photographs or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on the website of Pinkbreath.com (collectively, "Content"), belongs exclusively to Pinkbreath.com or its appropriate content suppliers. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content or otherwise dispose of any of the Content in a way not permitted by Pinkbreath.com, without Pinkbreath.com's express prior written consent. The use of data mining, robots, or similar data gathering and extraction tools on Pinkbreath.com as well as the use of Pinkbreath.com trademarks or service marks in meta-tags is strictly prohibited. You may view and use the Content only for your personal information and for shopping and ordering on the site and for no other purpose. The collection, arrangement, and assembly of all content on this site (the "Compilation") belong exclusively to Pinkbreath.com. You may not use Pinkbreath.com's Content or Compilation in any manner that disparages or discredits Pinkbreath.com or in any way that is likely to cause confusion or violation of any applicable laws or regulations. All software used on this Site (the "Software") is the property of Pinkbreath.com and/or its Software suppliers. The Content, the Compilation and the Software are all protected under state, national and international copyright laws. All rights not expressly granted are reserved by Pinkbreath.com. Violators will be prosecuted to the full extent of the law.
Pinkbreath.com recognizes and respects all copyrights and trademarks. As such, any usage of television, motion picture, music, film festival or other names or titles have no connection to Pinkbreath.com and are the sole property of the copyright or trademark holders. Our dresses are inspired by celebrity style and are our recreations of item's worn by the celebrities on your favorite television shows and the red carpet, however they are not authorized, endorsed by, or connected to these shows in any way and are not meant as infringements of any registered trademarks or copyrights.
Intellectual Property Infringement Policy
It is the policy of Pinkbreath.com to take appropriate action where necessary to uphold and recognize all relevant State, Federal and International laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws. If you are an intellectual property rights owner and you believe that Pinkbreath.com sells, offers for sale, or makes available goods and/or services that infringe your intellectual property rights, then send the following information in its entirety to [email protected]Pinkbreath.com
1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
2. A description of the allegedly infringing work or material;
3. A description of where the allegedly infringing material is located on the site (product(s) URL);
4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
6. Identification of the intellectual property rights that you claim are infringed by the Website(e.g. "XYZ copyright", "ABC trademark, Reg. No. 123456, registered 1/1/04",etc);
7. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
Termination and Effect of Termination
In addition to any other legal or equitable remedies, Pinkbreath.com may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the site and Pinkbreath.com shall, in addition to any other legal or equitable remedies, immediately revoke all password(s), and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. /
Disclaimer and Limitation of Liability
Except as otherwise provided in the standard terms of sale that govern the same of each product on this site, this site, the products offered for sale on it and the transactions conducted through it are provided by Pinkbreath.com on an "as is" basis. Pinkbreath.com makes no presentations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site except as provided here to the full extent permissible by applicable law, Pinkbreath disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy, and system integration. This site may include inaccuracies, mistakes or typographical errors. Pinkbreath.com does not warrant that the content will be uniterrupted or error free. To the maximum extent permitted by law, Pinkbreath.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to,indirect incidental, punitive, exemplary, special, or consequential damages. To the maximum extent permitted by applicable law, Pinkbreath.com's total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to Pinkbreath.com during the month immediately preceding the act allegedly giving rise to Pinkbreath.com's liability.
Pinkbreath and/or the seller will act according with the warranty as shown on the platform when and only when damage is in connection with the product and has valid and confirmed manufacturing defects. Pinkbreath and/or the seller will not be held liable or reponsible for any damages resulting from customers improper use, personal negligence, and/or other reasons that do not attribute to product defects.
Please note that there may be certain orders that we are unable to accept and must cancel. Pinkbreath.com reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
Pinkbreath is not responsible for late deliveries for special occasions, such as birthdays, or other events. We encourage customers to place their order in advance to ensure there is enough time to receive their item.
We have informed our customers of the peak Christmas season in advance via banners and newsletters, and offered suggestions for the final order date and shipping methods for this period. We can therefore not be held responsible if an item does not arrive in time for Christmas.
All orders reported as "delivered" by shipping companies are considered delivered. Pinkbreath cannot be made liable of non-delivery in this case.
For safety and security, each customer is allowed to create only one registered account by default. For customers who attempt to create several accounts, Pinkbreath reserves the right to suspend accounts without further notice.
Both parties agree that, following order dispatch, transportation is the sole responsibility of the third-party logistics company. During this stage, full ownership of the product(s) belongs to the buyer; all associated liability and risks during transportation shall be borne by the buyer.
In accordance with Customs regulations customers must provide valid and accurate data . All consignee names, address and payers name should be valid. Certain countries request that the consignee submit their ID or passport to clear the package or for payment verification purposes. It is the customers sole responsible for the accuracy of data that they provide to us. Should any information be incorrect and prevent any shipment or deliveries or customs clearance, we will not held responsible and will not offer any compensation in such cases.
While Pinkbreath.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Pinkbreath.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Pinkbreath.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, Pinkbreath.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Pricing in Different Currencies
Pricing of products sold by Pinkbreath.com is based upon figures calculated in U.S. Dollars (US$). Prices displayed in other currencies are converted from U.S. Dollars according to the most up to date conversion rates. Due to fluctuating currency values, prices displayed in non-U.S. denominations of currency on the Site, other than on the individual product page, may not be the most current. Areas of the Site where non-U.S. denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages. The price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to Pinkbreath.com, excluding shipping.
Pinkbreath has no knowledge of, and is not responsible for, any additional bank charges or exchange rate fees that are charge by the issuing bank or a third party payment provider. These fees are solely the customers responsibility and will not be reimbursed by Pinkbreath.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Pinkbreath.com is not responsible for the operation of or content located on or through any such site.
Pinkbreath ships from different warehouses. For orders with more than item, we may split your order into several packages according to stock levels at our own discretion for more information please check our terms and conditions.Thank you for your understanding.
Pinkbreath strongly recommends all customers to purchase shipping insurance during the checkout. This ensures that if there are any issue during the delivery process that Pinkbreath will send you the same product free of charge. If the item becomes unavailable we will offer you alternative refund options.
Orders that do not have shipping insurance will not be the responsibility of Pinkbreath in the event that there is an issue during the shipping process.
Whatever the customer orders is what we ship. We can not be held liable for the customer receiving the wrong item if they placed the wrong order.
If a delivery fails for any reason and the address sent to was the correct address as provided by the customer, Pinkbreath cannot be held liable if a package is returned to us.
Please let us know as soon as possible if you have not received your package. With standard shipping, after 3 months from the date we ship your package (for Latin American we will extend this to 4 months for postal deliveries), we will no longer be able to offer any compensation. All expedited delivery issues must also be reported within 3 months from the shipment date. Also kindly note that this does not apply to any packages sent via expedited shipping methods and shown as delivered on the shipping company's tracking site.
You agree that Pinkbreath.com's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Pinkbreath.com shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Pinkbreath.com may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Pinkbreath.com shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by Pinkbreath.com of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.