Terms of Use ("Agreement")

  Terms of Use Thank you for visiting plvshstyle.com (“PLVSH”), operated by PLVSH, Inc. PLVSH is an e-commerce retailer of premium plus size fashion and a personal styling platform catering to women sizes 14 through 28. The following terms and conditions (the "Terms of Use" or "Terms") form a binding agreement between you and us, and govern your use of the website located at www.plvshstyle.com (the "Site"), our mobile application(s) (the "App"), the services offered through the Site and App, and any orders that you place (collectively, the "Services"). Please read these terms of use carefully. By creating an account, ordering a shipment (a "PLVSH Style Box"), purchasing products, using the Services, or otherwise indicating your assent to these Terms, you agree to be bound by these Terms of Use and you represent and warrant that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the Terms (on behalf of yourself or the entity that you represent). If you do not wish to be bound by these Terms of Use, you may not access or use the Services or order or purchase any Products. These Terms of Use include a class action waiver and require binding arbitration on an individual basis to resolve disputes, rather than jury trials We reserve the right to modify these terms at any time by posting revised Terms of Service on our Website. Any modifications, additions or deletions to these Terms of Service or the Privacy Policy shall be effective immediately upon posting unless stated otherwise. Your continued use of our Website following the posting of updated Terms of Service means you agree to any such changes. If you have any questions about these Terms of Service, please contact us via email at admin@plvshstyle.com. TYPES OF USERS You may simply browse the Site or App as a visitor or you may create an account ("Account") to become a client ("Client"). You must be a Client and complete a style profile in order to place an order for a PLVSH Style Box or other product offered on the site. RULES OF USE Your use of our Site is for your personal, non-commercial use only. You are responsible for:
  • Maintaining the confidentiality of your account;
  • Using your real name when using the plvshstyle.com Site;
  • All activities, acts or omissions that occur under your account, including orders and purchases;
  • Notifying us if you become aware that your account is being used without your authorization;
  • Authorizing us to charge your credit card or other payment method, which you do by providing your credit card information on our Site;
  • Indemnifying us against any claims brought by other parties arising from your use of the plvshstyle.com Site, including information or content that you post to the plvshstyle.com Site.
You may not:
  • Infringe on anyone's intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
  • Submit any content to the Site anonymously.
  • Submit any comments, images, files or any other content unless you have full legal rights to do so;
  • Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the plvshstyle.com Site, Service, or its Users' computers.
PLVSH Style Box Shipments, Returns and Exchanges PLVSH attempts to be as accurate as possible. However, we do not warrant that the product descriptions on our Site are accurate, complete, reliable, current or error-free. You place an order via your account page when you want us to ship a PLVSH Style Box. WE DO NOT SEND YOU A BOX UNTIL YOU REQUEST US TO. The items in the Box are chosen by us, based on the information, which you have provided to your stylist via your style profile. You are charged a nonrefundable styling fee at the time that your order a PLVSH Style Box. The amount of that fee is stated on the account page on our Website before you enter payment information. When you request that we send you a PLVSH Style Box, we will provide you with an anticipated shipping date. That is an estimated, not a guaranteed date, and the actual shipping date may vary in the ordinary course of business. When we provide you with an anticipated shipping date, we will also tell you whether you will have a period of time in which to cancel your order or change the shipping date, and if so how many days you will have to do so. ONCE YOUR PLVSH STYLE BOX HAS BEEN CURATED BY YOUR STYLIST, YOUR STYLING FEE CANNOT BE REFUNDED. Prior to your PLVSH Style Box being shipped, your credit card on file will be preauthorized for the value of the items in the PLVSH Style Box being shipped to you. This is not a charge, however the amount may appear as “pending” on your credit card statement. This information is also provided to you prior to you ordering your first PLVSH Style Box. We do not guarantee that every item will meet your preferences or be to your satisfaction. That is why you have a five-calendar day “try-on” period after you receive your Box to evaluate the items in your PLVSH Style Box. At the end of that “try-on” period, we ask that you rate the items from your Box in your online profile. Those that you do not want you must return to the designated shipping carrier by the fifth day after receipt of the box. We will charge you for the items you keep, minus the styling fee. PLEASE NOTE THAT WE RESERVE THE RIGHT TO CHARGE YOU IF YOU KEEP ANY OR ALL OF THE ITEMS IN THE BOX PAST THE “TRY-ON” PERIOD REGARDLESS OF WHETHER YOU RATE THEM OR NOT. Items returned unworn and in their original condition within the time specified are not charged. PLVSH reserves the right to make a reduced refund or no refund if items are returned not in their original condition. You may ask to exchange an item for one of a different size by including it in the prepaid return envelope and noting in your account that you wish to exchange it. Unfortunately, although we try to fulfill exchange requests, we do not guarantee that we will always be able to do so. You return items by placing them in the prepaid envelope included with your Box, and returning the envelope to a FedEx location by the fifth day after receipt of your PLVSH Style Box. PLVSH does not take title to returned items until the item arrives at our offices. REFERRAL PROGRAM Our Service may offer you opportunities to earn a referral credit. The details of what how you might do so are explained on our Website. Any referral credits will be applied automatically to your account, and are not convertible into cash. If you cancel your registration without using your credits, they are forfeited. SHIPPING AND SALES TAX Plvshstyle.com currently offers free shipping. The PLVSH Style Box and its contents are deemed accepted by you at the time that we convey them to a common carrier. For New York and New Jersey residents, sales tax applies. RIGHT TO SUSPEND PLVSH reserves the right, in its discretion, to suspend your Account, your use of the Services or the sending of PLVSH Style Boxes or products at any time at our discretion including, as necessary to protect the security or operation of the Services. FEEDBACK In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products or the Services (collectively "Feedback"), you agree we may use the Feedback to: (a) improve our Services or any Products and (b) promote the Services and Products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise. MODIFICATIONS TO THE SITE OR SERVICES We reserve the right to modify or discontinue the Services (including PLVSH Style Boxes) with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the Services. PRIVACY We know that your privacy is important. For this reason, we have created a privacy policy here that describes our collection, use and disclosure practices regarding any personal information that you provide to us. Please visit our privacy policy to learn more about how we collect, use and disclose the information that you provide to us or we otherwise learn about you through your use of the Services, including how we market our services. THIRD PARTY CONTENT AND OTHER WEBSITES Content from other users, suppliers, advertisers, and other third parties may be made available to you through the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other Users, advertisers, and other third parties or violation of any third party rights related to such content. The Services may contain links to websites not operated by us, including without limitation the websites of the brands we include in Fixes. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. The Services may also contain links to websites that are operated by us but which operate under different terms of use. It is your responsibility to review the privacy policies and terms of use of any other website you visit. You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third party. LIMITATION OF LIABILITY You acknowledge and agree that we are only willing to collect payment, facilitate the fulfillment of orders, and provide access to the Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the products or for any information appearing on any other site linked to our Services. If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use of the Services. Our total liability to you for all claims arising from or related to the Services is limited, in aggregate, to the greater of (i) the total amount of your orders in the three (3) months prior to the date of the event giving rise to our liability, or (ii) fifty dollars (U.S. $50.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. Effective Date: April 21, 2017