Terms And Conditions
TERMS AND CONDITIONS
This website is operated by SurgeStyle™ , a YBT, LLC company. These are the terms and conditions regulating your use of our website dedicated to (but not in any way limited to) the sale of clothes and accessories. You hereby agree to adhere to and abide by these terms and conditions (as well as all other conditions, notices, and policies) every time that you access, browse, shop on, or use our website in any other way. You may not use this website and our services if you disagree in any way with any of the following terms. You understand and accept that we may modify, review, or change these terms by deleting from or adding to them at any time using only our discretion and without prior notice to users. Your use of the website and services after a modification/review has been uploaded shall be considered as your acceptance of the new terms and conditions.Your only recourse to a disagreement to any provisions of this legal agreement is to immediately exit the site and stop using our services. This is a binding legal agreement between you and SurgeStyle™ for the provision of this service, and these terms shall govern the agreement between you and SurgeStyle™ to the ruling out of any other terms or conditions.All third-party rights are barred and no third parties shall have any privilege to implement this agreement.
USER ELIGIBILITY- To be able to use our website and/or register for our services, you must be at least 18 years old or must be older, and have the ability to form legally binding contracts. By using SurgeStyleBoutique.com you represent that you are 18 or older. If you are younger than 18, you must have at the very least attained the legal age in your jurisdiction.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION- We have done our all that we possibly can to ensure that the information found on this website is as accurate, complete and current as possible. Despite this, we make no representation and will therefore not be legally answerable towards any user or any other third party if any information uploaded to the website is found to be incomplete, inaccurate or no longer current.You understand and accept that we provide all materials on this website for information reasons only and that such materials should not be depended upon exclusively or be the sole basis for taking actions or inactions. All users rely on the uploaded materials on this website at their own risk. You understand and accept that this website may contain some historical information and that such historical information is not in any way current and has been provided for reference purposes only. Although we reserve the exclusive right to review and modify the contents of this website at any time that we so choose, we are not in any way obligated to bring any of the information uploaded therein up-to-date. There occasionally might be materials or information on our website that have typographical errors, mistakes or omissions as per pricing, product descriptions, promotions, product shipping charges, offers, availability as well as transit times. We reserve the full rights to correct any of such errors, mistakes or omissions, and to review and/or update information or cancel buyers’ orders if any information on our website is inaccurate at any time without giving you notice (even after you have submitted your order).We make no guarantees and give no assurances that we will refresh, revise or explain information in our service, including without limitation, pricing information, except as mandated by law.
USER CONTENT-We have made an allowance for our users to upload their comments and share their experience on the website. You hereby represent that you are the sole and only proprietor of all user-generated content that you make available or that you otherwise have all rights, approvals, releases, and licenses necessary to grant SurgeStyleBoutique.com the license to the user generated content that you make available. You also represent that the user-generated content will not infringe, misuse or disrespect a third party’s exclusive rights, or another person’s/entity’s rights of publicity or privacy, or result in the breach of any applicable law or regulation.Furthermore, you agree that while any user-generated content provided by you remains your property, by providing such user-generated content to SurgeStyleBoutique.com , you grant us a universal, nonstop, permanent, transferrable, and royalty-free license, with full rights to sub-license, reproduce, modify, make derived works of, distribute, publicly perform, openly show, and to otherwise use such user-generated content without requiring consent from you, without having to further notify you, and without needing to financially remunerate you or any other entity.
COMMUNICATIONS TO YOU-You understand that we may send electronic mails to you for purposes that SurgeStyleBoutique.com seems appropriate and that you agree to this by submitting your email address via our email submission form.
CONTESTS AND PROMOTIONS-You hereby agree that all and any contests or promotions that SurgeStyleBoutique.com describes or posts on this website or on our social media will be additionally governed by the rules regulating such event.
USER OBLIGATIONS-Here are the other rules of conduct all SurgeStyleBoutique.com users must abide by in order to continue to gain access to and use our website and services:You are only allowed to access the SurgeStyleBoutique.com website only for personal, non-commercial use. We only grant you the permission to view, download or copy the contents and other downloadable materials shown on the SurgeStyle™ website for your personal use only. You understand and accept that no title, right or interest in any material that you download is transferred to you by reason of any such downloading or copying.You are not permitted to use the website and its services to market and advertise other websites, businesses or services in any way; to purchase or promote other products or services through the platform; and/or to ask for other users’ business.You are not to gain or try to gain unsanctioned access to any information that is available on the website or to any network(s) used in providing our service; post or in any way replicate information in which the IPR (Intellectual Property Right)s belong to a third party from whom you are yet to get a written consent from; and/or abuse the service or any information posted on the service in any way.You are not to send any junk or spam e-mails to other users; ill-use any part of the service for any illegal purpose(s); use the website to spread information or content that encourages racism and/or criminal offenses; and/or use the website and its services to otherwise breach any applicable regulations or laws.You also may not interfere or meddle with any other user’s use of the website; or make, transmit or store electronic duplicates of materials that are protected by copyright without the consent of the owner.You may not allocate, transfer or permit any other individual to use your account in any way; use or attempt to use any procedure, device or software to disturb the proper working of SurgeStyleBoutique.com or intrude upon or attempt to violate its security.You may not email or post to any other user any information, pictures or any other material, which in the opinion of SurgeStyleBoutique.com is threatening, abusive, racist, libelous, obscene, sexually suggestive and/or sexually explicit; and/or email or post to any other user any information, representations or other material, which in the opinion of SurgeStyle™ is capable of offending other users’ political or religious beliefs.If SurgeStyle discovers you to be in the violation of any of the provisions of these terms, we will hold you exclusively responsible for any legal costs and all losses that may arise out of your breach. We may also fully terminate your use of the SurgeStyleBoutique.com website without any prior warning if you violate any of these terms.
LINKS TO OTHER WEBSITES AND RESOURCES-For the sake of convenience only, we may provide links to the websites of third-party websites and resources. You agree not to take the presence of any of these links as our approval of or endorsement of the content, products and/or services, and practices of such third-party websites, except so unambiguously stated by us. Your access and use such third-party websites and resources at your own risk, and we ask that you check these third-party websites’ terms and conditions and other policies before using them.
ONLINE STORE TERMS-You must be 18 years or more (or alternatively the age of majority in your jurisdiction), and must be able to form legally binding contracts to be able to use our website and make purchases off of it. You may under no circumstances use our products for any unsanctioned or unlawful purpose and under no situation are you permitted to breach any laws in your jurisdiction, including without limitation copyright laws.
EXPECTATIONS OF PRODUCTS AND SERVICES-We do not represent in any way that the quality of any products, information, services, or other material acquired or purchased by you will meet your expectations, or that any errors in the SurgeStyleBoutique.com Service will be corrected.
PRICING-Except SurgeStyle™ specifically states so, all the products listed on our website are priced in US dollars. You agree and acknowledge that prices for our products may change without notice. We will not bear any liability to you or to any third-party for any price change.
PAYMENT METHOD-You may make payment either by credit card or debit card online on our website.
ACCURACY OF BILLING AND ACCOUNT INFORMATION- You must provide only current, complete and truthful purchase and account information for all the purchases that you make at our store, and hereby agree to immediately update your account information, as well as your email address, credit card numbers and expiration dates when they change, in order for us to complete your transactions promptly and contact you as needed.
ALTERATIONS TO THE SERVICE AND PRICES- We may change/alter the prices for SurgeStyleBoutique.com products at any time without prior notice. We also reserve the right and may exercise such at any time to alter or discontinue all or part of SurgeStyle™ Services without prior notice at any time. Under no circumstances will we bear the liability to you or to any third-party for any alterations, price change, suspension or termination of the Service.
EXCLUSIVE PRODUCTS OR SERVICES- We offer for sale on some products and services that are made available to the public exclusively online through the SurgeStyleBoutique.com website. You understand and accept that the limited quantities status of these products or services mean that they can only be returned or exchanged as per our Return Policy.
COLORS- We have tried to display the colors of the products that appear on the SurgeStyleBoutique.com website as accurately as is possible. However, there may be a difference in the colors that you see on your monitor/device and the color of actual products, depending on your monitor’s ability to accurately communicate color. SurgeStyle™ will not be held liable for differences between monitor color and the actual color of the product.
SALES RESTRICTIONS- We have the right, and not the obligation, on a case-by-case basis to restrict the sales of our products or Services whether to an individual or to a geographic region or jurisdiction. We also reserve the full rights to limit the quantities of any products or services that we offer. We reserve all rights to refuse any order placed with us and may limit or cancel quantities purchased per individual, per family or per order. These limitations may include orders placed using the same credit card, by or under the same customer account, and/or orders that use the same billing and/or shipping address.
PRODUCT AVAILABILITY- At SurgeStyle™, we try our best to continuously update our stock. Our stock is also in high demand and our items consequently sell out very quickly. Because of this, we may on occasion display items on our website that are no longer in stock. You therefore understand and accept that the display of a particular item, color or size on our website is not a guarantee that that product is still in stock and available.Should you purchase a product which is no longer in stock, we will refund you for the full amount of that product plus all applicable shipping charges.
CANCELLATIONS AND CHANGES- Should we make a change to or cancel an order, we will inform you of such changes/cancellation via email or any other address that you provided at the time of order. We may limit or outrightly cancel orders which appear to be placed by resellers, dealers or distributors.
ORDER CANCELLATION-You are permitted, if you so wish, to cancel your order within the same day of ordering them, provided that we have not yet shipped such orders. In this case, SurgeStyle™ will refund any payments already made by you. You, however, agree that we will be unable to cancel orders after more than two hours of ordering. We may also cancel an order made by you if we suspect any deceitful transaction by you; or if the ordered product becomes unavailable for any other reason.We will always inform you when we cancel an order, by sending you an email to that effect. We do not charge for orders canceled by us and will re-issue a credit in the amount of the charge if our order is canceled after your payment account has already been charged.
DELIVERY- SurgeStyle™ delivers ordered products within several business days after orders are made. You hereby represent that the address to which SurgeStyle™ will make the delivery of the product ordered by you will be correct and proper in all respects. Please look at shipping policy for more information.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY-This website, our products and our service are offered as available and as is, without any representation, warranties or guarantees of any form, whether direct or implied, of merchantability, fitness for a particular purpose, title, durability, and non-infringement. We do not make any representation that your use of the service will be uninterrupted, timely, safe or error-free. We do not give any assurances as per the accuracy or reliability of the results that you may obtain from your use of the service. We may occasionally remove the service for extended periods of time or choose to outrightly cancel the service, without prior notice to you.Your use of or alternatively, your inability to use the service, is therefore at your sole risk.Under no circumstances shall SurgeStyle™, its directors, officers, staffs, associates, agents, interns, suppliers, contractors, service providers or licensors bear liability for any injury, loss, hurt, or any direct, indirect, special, incidental, punitive, or any consequential damages of any kind, including, but not limited to loss of profit, revenue, savings, and data of replacement costs, or any comparable damages, whether based in contract, tort (including negligence), strict liability or otherwise, whether arising from your use of our service or from the procurement of any products using the service, or for other claims in any way connected to your use of the SurgeStyleBoutique.com service or any product, including without limitation any omissions or errors in any content, or as a result of any loss or damage that you may encounter via the use of the service or any product/content posted or otherwise made available through the service, even if SurgeStyleBoutique.com has been advised of their possibility.Nothing included/embedded in these terms and conditions is included therein with the intention to exclude or restrict any legal responsibility for injury or death arising from our carelessness or deception, or from any other liability which may not be limited or exempted by law, or that is directed at inhibiting your statutory rights as a consumer.If certain relevant law does not allow/permit the limitation of liability as set forth above, you will not be subjected to this limitation of liability.
INDEMNIFICATION- You hereby affirm that you will shield, indemnify and hold SurgeStyle™ / SurgeStyleBoutique.com as well as its directors, officers, staffs, associates, agents, interns, suppliers, contractors, service providers or licensors blameless against all and any claims, fees and expenses (including but not limited to attorney costs and accounting costs), and all damages as it relates to your use of the website.
WAIVERS/ ENFORCEABILITY- If any portion of this agreement is found to be unenforceable, the residual portion of this agreement will remain in full effect and force. You agree that our failure to enforce any part of this agreement will not be considered a waiver, as an amendment to or waiver of this agreement in full or in part must be made in writing as well as duly signed by us.
ENTIRE AGREEMENT- This document represents the complete and full agreement between the user and SurgeStyle™ / SurgeStyleBoutique.com. You agree with these terms fully.
CHANGES/AMENDMENTS- Your continued use of the SurgeStyle™ website, following any notice of the changes and modifications to our terms and policies, shall be deemed your acceptance of the modified terms and policies.
TERMINATION- We will first inform/notify you by email if you violate any terms of this agreement or create possible legal risk or exposure for us, and may stop providing all or part of SurgeStyleBoutique.com to you.You may also decide to stop using the website by yourself, and may delete your account (if any) or disable your application (if applicable) at any time..