Terms of service

The use of this application and/or site or any other site owned or maintained by PP HOLDINGS, INC., a company organized and existing under the laws of Texas (“Perfectly Posh”), is governed by the policies, terms, and conditions set forth below. Please read them carefully. Your use of this site signifies your acceptance of the terms and conditions set forth below. Your order placed on this site signifies your acceptance of the terms and conditions set forth below.

Privacy & Security Disclosure
Perfectly Posh's privacy policy may be viewed at www.perfectlyposh.com. Perfectly Posh reserves the right to modify its privacy policy at its reasonable discretion from time to time.

Payment Methods
We accept U.S.-issued credit and debit cards:
• Visa
• Mastercard
• American Express

When placing an order online, you will need:
• The address the card's statement is sent to (billing address).
• The card number and expiration date.
• The 3- or 4-digit code found only on the card (CVV2 code).

Credit card orders can be placed online over our TLS 1.3 encrypted connection. The same credit card may be used only three (3) times in one processing day.

You are entering into a legally binding agreement with PP Holdings, Inc., located at 900 Wilmeth Road, Suite 500, McKinney, Texas, 75069. The official Website for PP Holdings, Inc., and its affiliates is www.perfectlyposh.com. PP Holdings, Inc., has the registered address of:

PP Holdings, Inc.
900 Wilmeth Road
Suite 500
McKinney, Texas, 75069
support@poshstore.com

Shipping Policy
All orders are processed within 2-3 business days. Orders are not shipped or delivered on weekends or holidays. If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone.

Shipping rates & delivery estimates
Shipping charges for your order will be calculated and displayed at checkout. Delivery delays can occasionally occur.

Damages
Perfectly Posh is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim.

Please save all packaging materials and damaged goods before filing a claim.

Refund Policy
If you are not satisfied within 30 days from the delivery date, you may contact Perfectly Posh Support at support@poshstore.com to return the unused portion of the product for a full refund of the product purchase amount, minus shipping and handling charges incurred. Please provide your order number and the reason for your return with your email request. Refunds and exchanges will be made to the credit card with which the product was purchased.

Auto-Ship Cancellation
Please log in to your account at perfectlyposh.com to cancel or modify your Auto-Ship at any time, without penalty. By selecting the "Auto-Ship" option on the Website, you are giving Perfectly Posh authorization to enroll you in the automatic shipping program. Perfectly Posh will ship your products directly to you. You are also authorizing Perfectly Posh to charge your credit card for the products you have ordered on a monthly basis. You may cancel at any time without obligation and without penalty online by logging into your account at perfectlyposh.com. All Auto-Ship cancellations must be performed or delivered to Perfectly Posh within 3 business days of the next shipment to guarantee cancellation of that shipment.

Third-Party Interactions
During use of the Perfectly Posh Website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Website. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. Perfectly Posh shall have no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party. Perfectly Posh does not endorse any sites on the Internet that are linked through its Website. PerfectlyPosh provides these links to you only as a matter of convenience, and in no event shall Perfectly Posh be responsible for any content, products, or other materials on or available from such sites. Perfectly Posh provides products to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware, or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware, or services.

Order Disclaimer
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. Perfectly Posh reserves the right to accept or deny shipment to anyone for any reason. Perfectly Posh reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, Perfectly Posh reserves the right to cancel the order, notify the cardholder, and the proper authorities.

Relationship With Shopify
Perfectly Posh is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Perfectly Posh. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Perfectly Posh, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Perfectly Posh.

Prohibited Uses
By using this Website, you agree not to use the Website for any unlawful purpose or in violation of any applicable laws or regulations; submit false, inaccurate, or misleading information, including during account registration or order placement; attempt to gain unauthorized access to any part of the Website, user accounts, servers, or networks; interfere with or disrupt the security, functionality, or performance of the Website; upload, transmit, or distribute viruses, malware, or other harmful code; use automated tools, bots, scrapers, or similar technologies to access, monitor, or collect data from the Website without prior written permission; infringe upon the intellectual property rights of the Website owner or any third party; engage in fraudulent activities, including payment fraud, chargeback abuse, or identity theft; resell, redistribute, or commercially exploit Website content, products, or services except as expressly authorized; harass, threaten, abuse, or otherwise harm other users, employees, or representatives of the company; use the Website in any manner that could damage, disable, overburden, or impair its operation; or circumvent, disable, or otherwise interfere with security-related features of the Website. We reserve the right to suspend or terminate your access to the Website, cancel orders, remove content, and take legal action where appropriate if you violate these Terms and Conditions.

Product Disclaimers / Disclaimers of Warranty
PERFECTLY POSH MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF ANY INFORMATION ON THIS SITE. PERFECTLY POSH DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE OR PERFECTLY POSH'S PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY PERFECTLY POSH.

Limitation of Liability
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN ANY INFORMATION CONTAINED HEREIN, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential, or certain other types of damages, so the exclusions set forth above may not apply to you.

Notice
Perfectly Posh may give notice by means of a general notice on the www.perfectlyposh.com Website, electronic mail to your email address on record in Perfectly Posh's account information, or by written communication sent by first-class mail or pre-paid post to your address on record in Perfectly Posh's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first-class mail or pre-paid post) or 24 hours after sending (if sent by email). You may give notice to Perfectly Posh (such notice shall be deemed given when received by Perfectly Posh) at any time by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail to Perfectly Posh at the following address: 900 Wilmeth Road, Suite 500, McKinney, Texas, 75069, in either case, addressed to the attention of Legal Department.

Indemnification
You agree to indemnify, defend, and hold harmless Perfectly Posh, its affiliates, subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of materials or features available on the Site in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by you of these Terms of Use.

Termination
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Platform or the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform or the Services at any time without prior notice or liability.

Modification to Terms
Perfectly Posh reserves the right to modify the terms and conditions of this Agreement or its policies relating to its products and services at any time, effective upon posting of an updated version of this Agreement on the www.perfectlyposh.com Website. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

General
This Agreement shall be governed by Texas law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims, or causes of action arising out of or in connection with this Agreement or the Service shallbe subject to the exclusive jurisdiction of the state and federal courts located in Texas. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Perfectly Posh as a result of this agreement or use of this Website. The failure of Perfectly Posh to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Perfectly Posh in writing. This Agreement, together with any applicable Form and policies, comprises the entire agreement between you and Perfectly Posh and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

Electronic Communications
When you visit the Perfectly Posh Site or send emails or feedback to Perfectly Posh, you are communicating with Perfectly Posh electronically. You consent to receive communications from Perfectly Posh electronically. Perfectly Posh will communicate with you by email or by posting notices on the Perfectly Posh Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any feedback you provide at this Perfectly Posh Site will be deemed non-confidential. Perfectly Posh will be free to use such feedback on an unrestricted basis

Class Action Waiver
YOU AND PERFECTLY POSH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Perfectly Posh agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Reporting Copyright Infringement
Perfectly Posh reserves the right to remove any content or any other material or information available on or through our Site, at any time, for any reason. Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Site, you may submit a notification to support@poshstore.com. Any notification to Perfectly Posh under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed.
  • An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
  • An identification of the content or material that you claim is infringing and where it is located on our Site.
  • Information sufficient for Perfectly Posh to contact you, such as your address, telephone number, and/or email address.
  • A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law.
  • A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.

www.perfectlyposh.com is the official Website for PP Holdings, Inc., and its affiliates. PP Holdings, Inc., has the registered address of 900 Wilmeth Road, Suite 500, McKinney, TX, 75069.

Definitions
As used in this Agreement and in any Order Forms now or hereafter associated herewith: “Agreement” means these online terms of use, any Order Forms, whether written or submitted online via the www.perfectlyposh.com Web Site, and any materials available on the Perfectly Posh Website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by Perfectly Posh from time to time in its sole discretion; “Effective Date” means the earlier of either the date this Agreement is accepted by selecting the “I Accept” option presented on the screen after this Agreement is displayed, the Effective date on the subscription form or the date you begin purchasing products from this site; “Order Form(s)” means the form evidencing your purchase from this site and any subsequent order forms submitted online or in written form, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail); “Perfectly Posh” means collectively PP Holdings, Inc., a company organized and existing under the laws of the State of Texas doing business as “perfectlyposh.com” and having an office at, 900 Wilmeth Road, Suite 500, McKinney, Texas, 75069, together with its officers, directors, shareholders, employees, agents and affiliated companies.

Questions or Additional Information
If you have questions regarding this information or wish to obtain additional information, please send an email to support@poshstore.com.