TERMS AND CONDITIONS OF SALE
This Terms and Conditions of Sale (the "Agreement") constitutes a binding legal contract between you and Bitch New York, the owner and operator of the bitchnewyork.com website (the "Site"). By ordering any product or service via the Site, you signify your acceptance of this Agreement, as it may be amended or supplemented from time to time. Changes to this Agreement will be effective when posted.
Product prices, availability, shipping/delivery costs, types of shipping method, and terms and conditions of sale, are subject to change without advance notice. Bitch New York is not responsible for typographical errors.
Pricing: 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, Bitch New York 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 priced incorrectly, Bitch New York may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Taxes: Bitch New York’s prices do not include sales, use, excise or similar taxes. Bitch New York collects sales taxes for the state of New York.
Payment Methods: We accept: Visa, MasterCard, American Express, Discover and Paypal.
Shipping: Shipping and handling are additional unless otherwise expressly indicated at the time of sale. The cost of shipping for heavy or oversized items is higher than other items of the same value and will be reflected in the shipping total. Loss or damage that occurs during shipping by a carrier selected by Bitch New York is responsibility of Bitch New York. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify Bitch New York within 48 hours of the date of delivery if you believe any part of your purchase is missing, wrong or damaged. Shipping carriers include but are not limited to UPS, FedEx, USPS and DHL according to the items ordered and the shipping destination.
Delivery: Delivery dates are estimates only. Delivery dates will be anywhere from 4 days to 2 weeks for standard shipping. Non-stock/special order items require approximately 4-6 weeks to ship. Weekends and holidays are not calculated in the delivery days. Bitch New York shall not be liable for delays in delivery due to causes beyond its reasonable control, including shortage of materials, acts of God, acts of civil or military authorities, strikes, war, riot, delays in transportation or car shortages. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost by reason of the delay.
Returns: Within 10 days of receipt of product, new, unused and undamaged items may be returned along with the corresponding packing slip for merchandise exchange or store credit, subject to the following limitations:
* All returns/exchanges must be in original packaging, unused and in sellable condition. We are not responsible for any damage that is caused by your dog to any of the merchandise. We cannot honor returns or exchanges for any merchandise that has been used or is not in its original new condition.
* Shipping and handling fees are non-refundable.
* If an item arrives damaged or defective you must contact us within 48 hours of receipt. If the box appears damaged upon receipt, do not sign for or accept it and it will be returned to us. We will send an exchange or credit you for the item.
* You must contact us within 30 days of order placement if your item has not arrived. We will not be held responsible for notifications after that time.
* We cannot accept returns on the following items: Sale or clearance items, perishable items, seasonal items, formal apparel, custom made, made to order or personalized items, special order items, beds, strollers, treats, toys, or carriers.
* Returnable items may be EXCHANGED FOR STORE CREDIT ONLY. Store credits will not include the shipping and handling costs. If you have any questions regarding the return policy of a particular item, please email us at firstname.lastname@example.org.
* Only one return per order. We will not accept a return on the exchange.
* If the item is defective upon receipt by customer or if there was a shipping error on the part of Bitch New York, we will reimburse you for the cost of returning the package to us, and you will not be charged for the shipping cost of your replacement item. Please note that we will not be held responsible for any damage to a product caused by tear and wear.
* If an item was damaged during transit, we reserve the right to request photographic proof of damage. That is, you may be asked to provide a photo of the damaged item.
All returns require prior written approval by Bitch New York and a Return Authorization Number, which will be issued to you. Once you have received the RA#, you must ship your return within 10 days before it expires. Returns with expired RA# will not be accepted.
Please send your insured, postage-paid package to us via U.S. Mail (insured), FedEx or UPS and retain your receipt. This will ensure protection over loss and damages as well as prompt delivery. Please be advised that until there is proof that we have received your merchandise, it is your property. Bitch New York is not responsible for items damaged or lost in transit. Items returned through the U.S. Mail using only insurance without delivery confirmation can be lost in transit. Insurance by itself does not provide proof of delivery. If an insured item becomes lost, it is the customer’s responsibility to file a claim with the Post Office to recover their loss for their merchandise. Insurance with the post office is a transaction between the individual and the United States Postal Service, and is not affiliated with Bitch New York. We will not accept C.O.D. returns.
To return an item, please email us and let us know the item(s) you want to exchange, and the reasons(s) for the return. You will receive an email response with a Return Authorization Number that must be clearly written on the outside of your package, as well as further instructions. Any item returned without a Return Authorization number issued by Bitch New York will NOT be processed and will be returned to the customer at customer's own expense and/or additional restocking fee of 50% will be incurred.Waiver and Limitation of Liability
YOU HEREBY ACKNOWLEDGE THAT THE WARRANTY PROVIDED HEREIN AND THE ACCOMPANYING OBLIGATIONS AND LIABILITIES OF BITCH NEW YORK ARE EXCLUSIVE AND YOU HEREBY WAIVE ALL OTHER REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF BITCH NEW YORK. YOU ACKNOWLEDGE BY YOUR USE OF PRODUCTS SOLD BY BITCH NEW YORK THAT YOUR USE OF THE PRODUCTS AND ANY RELIANCE UPON THEM IS AT YOUR SOLE RISK. IN NO EVENT SHALL BITCH NEW YORK OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE. IT IS YOUR RESPONSIBILITY TO FOLLOW ALL INSTRUCTIONS AND HEED ALL WARNINGS ACCOMPANYING ANY PRODUCT ORDERED FROM THE SITE. YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST BITCH NEW YORK ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE.
Disclaimer of Warranties
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BITCH NEW YORK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some states do not allow limitations on implied warranties so these limitations might not apply to you. The warranties set forth herein give you specific legal rights and you may have other rights that vary from state to state.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS BITCH NEW YORK FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS PURCHASED VIA THE SITE.
TERMS AND CONDITIONS OF USE
Copyrights and Trademarks
BitchNewYork.com operates this web site for retail purposes only and all materials such as images, photographs, illustrations, texts & other materials and content is the property of BitchNewYork.com. Visitors may not copy, reproduce, modify, distribute, sell, display, publicly perform, repost, prepare other works based upon or otherwise use any of our content in any way for any purpose, use our content on any other web site or in a networked computer environment. Visitors are only allowed to print pages from this website for personal, non-commercial use. Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by BitchNewYork.com, one of its affiliates or by third parties who have licensed their materials to BitchNewYork.com and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of BitchNewYork.com and is also protected by U.S. and international copyright laws. Bitch New York will enforce its intellectual property rights to the full extent of the law.
You agree to defend, indemnify, and hold harmless BitchNewYork.com, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from your use of this website, any items purchased, or our content or your breach of these Terms & Conditions.
DISCLAIMERS AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY BITCHNEWYORK.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. BITCHNEWYORK.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE BITCHNEWYORK.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL BITCHNEWYORK.COM OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING BITCHNEWYORK.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE BITCHNEWYORK.COM, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM BITCHNEWYORK.COM OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO BITCHNEWYORK.COM’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH BITCHNEWYORK.COM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. BitchNewYork.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from BitchNewYork.com on this Site and other than generally available third party web browsers such as Netscape Navigator or Microsoft Explorer.
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