TERMS & CONDITIONS OF USE

IMPORTANT LEGAL INFORMATION - USE OF THIS WEB SITE CONSTITUTES THE FOLLOWING:

Welcome and thank you for visiting picnic fashion’s website. By using our website, you accept these Terms of Use. picnic fashion may, in its sole discretion, change these terms from time to time. You should periodically visit this webpage to review the most current terms. By using our website after any of these changes means you accept any such changes. We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to refuse any order you place with us. 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 we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address or phone number provided at the time the order was made. picnic fashion will undertake to ship products according to the shipping & handling option selected by you at checkout, but picnic fashion reserves the right to change the shipping options as needed.

Trademarks, Copyright, etc.

This website is expressly owned and operated by picnic fashion, LLC. Unless otherwise noted, the material included herein, including without limitation all design and content featured on this website, including illustrations, product designs, icons, navigational buttons, images, artwork, graphics, so called "look and feel", photography, text, audio and video clips or content, software and the like, (collectively, the "Materials") is the property of picnic fashion or one or more of its content suppliers or is licensed to picnic fashion. This website, as a whole, is protected by copyright, trademark, trade dress, intellectual property and other applicable laws. All worldwide rights are reserved. This website and its content are intended solely for your personal, noncommercial use. Any use of our website or its content other than for personal, noncommercial purposes is prohibited. You may not copy, reproduce, republish, transmit, disseminate, distribute, post, display, modify, create derivative works from, sell, license or participate in any sale of, or commercially exploit in any way, in whole or in part, any of the materials or other content from this website without the prior written consent of picnic fashion.  However, you may download or electronically copy and print any of the content displayed on our site for your personal, noncommercial use. If you download, copy or forward via email any part of the content, no right, title or interest in those materials is transferred to you. You further agree not to change or delete any proprietary notices from materials downloaded from the website.

Privacy

We may collect your personal information in an effort to provide you with an enhanced customer experience and to administer our business. Your personal information also allows us to communicate with you about special offers, promotions and other marketing programs that may be of interest to you. This website is not intended for use by children under the age of 13. We do not knowingly collect or solicit any personal information from children under the age of 13. Should we learn that someone under the age of 13 has provided any personal information to or on this website, we will remove that information as soon as possible. Click here to see our privacy and security policy, which is incorporated herein by reference. You agree and accept those provisions as part of these Terms of Use.

Product Display

picnic fashion has made every effort to display accurately the products featured on this website. However, the colors we use and the capabilities of your computer monitor will affect the colors you see on your screen. picnic fashion cannot guarantee that your monitor's display of any color, texture or merchandise details will be accurate. Please remember, however, that if for any reason you are not satisfied with your purchase, please return the item for an exchange or refund.

Product Availability

In order to keep our website current, we frequently change the merchandise offered. This means that we cannot guarantee that an item displayed on a previous visit to picnic fashion’s website will still be available when you visit again. Please understand that some of our featured items are available only in limited quantities. When an item is no longer in stock, we will take reasonable steps to remove that item from this website or otherwise to indicate that the item is no longer available. If you cannot find an item you previously saw on picnicfashion.com or for any other help with our merchandise, please call us at 1-888-742-6420, or email us for assistance from our customer service department by clicking  here .

Information Accuracy

picnic fashion makes reasonable attempts to provide the most recent, accurate and reliable information on our website. However, there may be occasions when information featured on this website may contain incomplete data, typographical errors, inaccuracies or omissions as to merchandise price, color, size or other matters, or an item that is no longer in stock. picnic fashion does not warrant or accept any responsibility or liability for the accuracy, completeness or currency of the information accessible via this website. picnic fashion reserves the right to correct errors and to update information on our website at any time. Of course, we will make reasonable efforts to provide you with current prices at the time you place your order. In the event that a product is mistakenly listed at an incorrect price, picnic fashion reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. If your credit card has already been charged for the purchase and your order is cancelled, picnic fashion shall issue a credit to your credit card account in the amount of the incorrect price.

Compliance with Laws

You represent, warrant and covenant that in accessing and using this website you shall comply with all applicable laws, rules, regulations and by-laws of the United States or the country in which you reside, including, without limitation, those relating to the Internet, data, e-mail, privacy and the transmission or exporting of data from the United States or the country in which you reside. Furthermore, you represent, warrant and covenant that you are not located, a resident of or domiciled in any country or jurisdiction that picnic fashion is prohibited from communicating with or exporting to and you agree that you shall not access this website from such country or jurisdiction.

Product Pricing

The prices displayed on this website are quoted in U.S. currency. Prices are subject to change at any time. All prices displayed on this site apply only to the products and services available on the Web Site and may not necessarily reflect the prices of such products, or services, or similar items, available through our retail store. 

Comments, Feedback, and Other Submissions

All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered in connection with your use of this website (collectively, the "Comments") shall be and remain the exclusive property of picnic fashion. Such disclosure, submission or offer of any Comments shall constitute an absolute assignment and license to picnic fashion of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. In addition, you agree to waive all moral rights in any Comments in favor of picnic fashion. Thus, picnic fashion will own exclusively all right, title and interest in and to the Comments and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We may, at our option and in our sole discretion, use, post, distribute, critique, quote from, characterize and/or refer to your Comments or any portion thereof in whole or in part. We are not in any way obligated to use, post or respond to any Comments submitted by you in connection with your use of this website. We may remove Comments in whole or in part at our option and in our sole discretion. picnic fashion is and shall be under no obligation to maintain any Comments in confidence, to pay the user any compensation for any Comments or to respond to any user Comments. You are and shall remain solely responsible for the content of any Comments you offer or submit. Harassment in any manner or form on the website, including via e-mail, chat or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a picnic fashion or other licensed employee, host or representative, as well as other members or visitors on the website is prohibited. You may not upload to, distribute or otherwise publish through the website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization. Use of the website for any illegal or unauthorized purpose is strictly prohibited. picnic fashion does not and cannot review all communications and materials posted to or created by users accessing the website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the website, picnic fashion is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the website. However, picnic fashion reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory or obscene, (b) fraudulent, deceptive or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive, inappropriate or otherwise unacceptable to picnic fashion in its sole discretion. picnic fashion may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. You understand and agree that picnic fashion cannot be responsible for the content posted on the website and that your use of the website is at your own risk. picnic fashion is under no circumstances liable in any way for any content posted on the website or for any damages of any kind incurred as the result of the use of any content posted or otherwise made available on the website.

Account Security

This website allows you to register or obtain a password so that you may use certain services available on this site. You are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password, whether or not authorized by you. For further information regarding picnic fashion’s protection of your personal information, please read our Privacy and Security Terms.

Disclaimer of Warranties and Limitation of Liability

picnic fashion does not warrant that this website will operate uninterrupted or error-free, that defects will be corrected or that this site or its server will be free of viruses or other harmful elements. As a user of this website, your access is undertaken at your own risk. picnic fashion shall not be liable for damages of any kind related to your use of or inability to use this website, even if picnic fashion knew or should have known of the potential for such damages. If your use of this website or the site's material results in any costs or expenses, including, without limitation, the need for services or replacing equipment or data, picnic fashion shall not be responsible for those costs or expenses. THIS WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS"  “AS AVAILABLE” BASIS. PICNIC FASHION, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT, MATERIALS PRODUCTS AND SERVICES PROVIDED HEREIN, AND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH PICNIC FASHION STRIVES TO PROVIDE THOROUGH AND ACCURATE CONTENT ON THIS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEST, GRAPHICS AND LINKS. PICNIC FASHION SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Disclaimer of Liability

In no event shall picnic fashion, or any of its officers, employees, agents, licensors and suppliers be in any way liable to any party for any direct, indirect special, punitive, consequential or exemplary damages, or any other damages whatsoever arising from or relating to the use of or inability to use this site or the content, materials and functions thereof, harmless from and against any and all losses, claims, damages, costs, liabilities and expenses, including attorneys' fees, arising from or related to your use of the site, your breach or alleged breach of these Terms of Use, your unauthorized use of the Content or your violation of any rights of any other person.

Links

This website may contain links to websites owned by third parties. As a convenience to you, and for informational purposes only, and are not an endorsement by picnic fashion of the contents on those other sites. picnic fashion expressly disclaims any responsibility for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. picnic fashion has no control over these linked sites, all of which have separate privacy and data collection practices, independent of picnic fashion. If you decide to visit any third-party sites using links from this website, you do so at your own risk.

Termination

This agreement is effective unless and until terminated by either party. picnic fashion may terminate this agreement at any time and may do so immediately and without notice if in picnic fashion’s sole and absolute discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of this agreement by either you or picnic fashion, picnic fashion may deny you access to this website and you must promptly destroy all materials downloaded or otherwise obtained from this website, as well as copies of such materials, whether made under the terms of these Terms of Use or otherwise. The Site Contents Ownership, Comments, Feedback, Postcards and Other Submissions, Disclaimer of Warranties and Limitation of Liability, Indemnification, Termination and Applicable Law sections shall in all events survive any termination of these terms and conditions.

Applicable Law

This WebSite is created, controlled and maintained by picnic fashion in the Commonwealth of Massachusetts. Accordingly, the laws of the Commonwealth of Massachusetts shall in all events govern any disputes relating to this WebSite, including those relating to any transaction conducted hereon, and shall likewise govern the terms, conditions, disclaimers, policies and notices contained herein, all without regard to any conflict of law provisions. You irrevocably and unconditionally consent to the exclusive jurisdiction of the state and federal courts located in Massachusetts for any litigation or dispute arising out of or relating to your access to this website and the agreement created thereby. Any cause of action or claim you may have with respect to this website must be commenced within one (1) year after the claim or cause of action arises or be barred forever. picnic fashion’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. These terms and conditions constitute the entire agreement between you and picnic fashion with regard to your use of this website. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. picnic fashion may assign its rights and duties under this Agreement to any party at any time without notice to you.