This website, Puffington Clothing is owned, operated by Puffington Clothing Co. Ltd. By using, visiting or shopping at the Puffington.BigCartel.com website, you agree to be bound by these Terms of Service. In these Terms of Use, Puffington Clothing Co. Ltd. is referred to as "Puffington”.
You acknowledge that Puffington Clothing Co. may terminate your account, remove any data or content that you have provided and/or disable your access to the Website, in whole or part, at any time for any reason or no reason, with or without notice and with no liability of any kind. In addition, Puffington Clothing Co. may modify or remove any service or functionality included in the Website at any time, with or without notice and with no liability of any kind.
Puffington Clothing Co. may, at its sole discretion, modify these Conditions of Use at any time. By accessing the Website at any time after such modifications, you are agreeing to such modifications. These Conditions of Use were last modified as of January, 11, 2016.
Transactions on Website
Puffington Clothing Co. reserves the right to refuse any order placed on the Website, and may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event Puffington Clothing Co. makes a change to or cancels an order, it will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Puffington Clothing Co. reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, or to refuse to service a customer for any reason.
Payment
Payment made by credit card or PayPal® in a currency other than US Dollars will be converted to US Dollars at the exchange rate determined by your credit card issuer, PayPal .Please consult your credit card issuer agreement or the User Agreement for the PayPal service for information regarding the determination of exchange rates by them. These exchange rates may include a “spread,” or amount payable to PayPal or the credit card issuer, which may result in the actual price paid being higher than the posted US Dollar price.
Applicable Law
The Site is controlled, operated and administered by Puffington Clothing Co. within the United States and is not intended to subject Puffington Clothing Co. to the laws or jurisdiction of any state, country or territory other than that of United States. By visiting the Site, you agree that the laws of the United States of America without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Puffington Clothing Co. or any other Puffington Clothing.
Product Information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Puffington Clothing Co. reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order). Puffington Clothing Co. has made every effort to display as accurately as possible the colors of the products that appear on the Website. However, Puffington Clothing Co. cannot guarantee that your computer monitor's display of any color will be accurate.
Links to Other Web Sites and Services
The Website may contain links to other Web sites that are not under the control of Puffington Clothing Co. Puffington Clothing Co. has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Websites users.
User Submissions
Content submitted by users of the Web Site for public view is referred to in these Conditions of Use as "User Submissions." You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all content included therein), including the right to authorize Puffington Clothing Co. to use the User Submissions in the manner contemplated by the Web Site and these Conditions of Use. You further represent and warrant that your User Submissions do not infringe any third party's intellectual property rights, do not invade any third party's privacy, and are not illegal, obscene, threatening, abusive, libelous, slanderous, defamatory, fraudulent , misleading, prejudicial or otherwise injurious to third parties.
Intellectual Property Rights
All materials contained on this site are protected by Republic of Korea copyright law. You may not alter or remove any trademark, service mark, copyright or other notice from copies of the content. By using this site, you acknowledge that Bluefly.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the Republic of Korea copyright laws, and Puffington Clothing Co. owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
Puffington Clothing Co. and its related marks are trademarks and service marks of Puffington Clothing Co. All rights reserved. All other trademarks, service marks, product names, company names and logos appearing on Puffington.BigCartel.com are the property of their respective owners.
Warranty Disclaimer and Limitation of Liability
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT THE WEB SITE AND ALL CONTENT INCLUDED THEREIN, AND PRODUCTS PURCHASED THEREBY, ARE PROVIDED TO YOU "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, BLUEFLY PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, YOUR USE THEREOF AND THE PRODUCTS PURCHASED THEREBY. BLUEFLY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEB SITE CONTENT OR ANY CONTENT ACCESSIBLE VIA THE WEBSITE OR PRODUCTS PURCHASED THEREBY AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEB SITE OR PRODUCTS PURCHASED THEREBY, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF BLUEFLY SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY.
IN NO EVENT SHALL BLUEFLY BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Miscellaneous
*Severability
If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these Terms of Service.
*Delay in Enforcement
No delay or failure to take action under these Terms of Use shall constitute any waiver by Puffington Clothing Co. of any provision of these Terms of Use.
*Complete Agreement
These Terms of Use, together with Puffington Clothing’s Privacy Policy and any other policies posted on the Site from time to time, constitute the complete agreement between you and Puffington Clothing Co. with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and Puffington Clothing Co.
*Indemnification
You agree to defend, indemnify and hold harmless Puffington Clothing Co. and the other Puffington Clothing Co. Parties from and against any and all claims, damages, costs and expenses, including attorneys’fees, arising from or related to the use of the Site and any Content available on the Site, any breach of these terms of service and/or any Submissions submitted, in each case by you or any user of any of your accounts.
*Modification to Terms of Use
Puffington Clothing Co. reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you, all Submissions and all other uses of the Site will be subject to the terms and conditions of these Terms of Use, which shall apply until Puffington Clothing Co. posts a modified Terms of Use and then in accordance with such modified Terms of Service.