Terms and Conditions
Agreement between User and https://www.peachycloudsshop.com/
Welcome to https://www.peachycloudsshop.com/. The https://www.peachycloudsshop.com/
website (the "Site") is comprised of various web pages operated by PEACHY CLOUDS.
https://www.peachycloudsshop.com/ is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of
https://www.peachycloudsshop.com/ constitutes your agreement to all such Terms. Please read
these terms carefully, and keep a copy of them for your reference.
https://www.peachycloudsshop.com/ is an E-Commerce Site.
We offer trending, aesthetic jewelry from the US and sell them worldwide. We also offer our own
secondhand pieces of jewelry which follow our, PEACHY CLOUDS, services and policies. We
do not claim to own or make these pieces of jewelry. They are ordered from another supplier. All
of PEACHY CLOUDS jewelry is managed by us directly; no supplier. At this time, due to
COVID-19, all of PEACHY CLOUDS jewelry is non-returnable. There are only refunds if the
jewelry is broken upon arrival in its original packaging in order to receive a full refund, the
customer must take a picture and send us the complaint within 7 days of receiving the item(s). This
follows an integrity policy. We ask the customers are honest and truly only refund if the jewelry is
broken upon arrival. We are not responsible for customers who did not notice our policies and/or
terms and conditions or change their mind and ask for a refund and/or return. Policies must be
followed by all parties.
Privacy
Your use of https://www.peachycloudsshop.com/ is subject to PEACHY CLOUDS's Privacy
Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data
collection practices.
Electronic Communications
Visiting https://www.peachycloudsshop.com/ or sending emails to PEACHY CLOUDS
constitutes electronic communications. You consent to receive electronic communications and you
agree that all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communications be
in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that PEACHY CLOUDS is not
responsible for third party access to your account that results from theft or misappropriation of
your account. PEACHY CLOUDS and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
PEACHY CLOUDS does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use
https://www.peachycloudsshop.com/ only with permission of a parent or guardian.
Cancellation/Refund Policy
At this time, due to COVID-19, all of PEACHY CLOUDS jewelry is non-returnable. There are
only refunds if the jewelry is broken upon arrival in its original packaging in order to receive a full
refund, the customer must take a picture and send us the complaint within 7 days of receiving the
item(s). This follows an integrity policy. We ask the customers are honest and truly only refund if
the jewelry is broken upon arrival. Refunds will take 5 - 10 business days for the refund to show
on the customer's statement.We are not responsible for customers who did not notice our policies
and/or terms and conditions or change their mind and ask for a refund and/or return. Policies must
be followed by all parties.
Links to Third Party Sites/Third Party Services
https://www.peachycloudsshop.com/ may contain links to other websites ("Linked Sites"). The
Linked Sites are not under the control of PEACHY CLOUDS and PEACHY CLOUDS is not
responsible for the contents of any Linked Site, including without limitation any link contained in a
Linked Site, or any changes or updates to a Linked Site. PEACHY CLOUDS is providing these
links to you only as a convenience, and the inclusion of any link does not imply endorsement by
PEACHY CLOUDS of the site or any association with its operators.
Certain services made available via https://www.peachycloudsshop.com/ are delivered by third
party sites and organizations. By using any product, service or functionality originating from the
https://www.peachycloudsshop.com/ domain, you hereby acknowledge and consent that
PEACHY CLOUDS may share such information and data with any third party with whom
PEACHY CLOUDS has a contractual relationship to provide the requested product, service or
functionality on behalf of https://www.peachycloudsshop.com/ users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
https://www.peachycloudsshop.com/ strictly in accordance with these terms of use. As a condition
of your use of the Site, you warrant to PEACHY CLOUDS that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with any other party's use
and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of PEACHY CLOUDS or
its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
PEACHY CLOUDS content is not for resale. Your use of the Site does not entitle you to make
any unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of PEACHY CLOUDS and the copyright owner. You agree that you do not acquire
any ownership rights in any protected content. We do not grant you any licenses, express or
implied, to the intellectual property of PEACHY CLOUDS or our licensors except as expressly
authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, "Communication
Services"). You agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's computer; advertise or
offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes
or chain letters; download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete
any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded; restrict or inhibit
any other user from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
PEACHY CLOUDS has no obligation to monitor the Communication Services. However,
PEACHY CLOUDS reserves the right to review materials posted to a Communication Service
and to remove any materials in its sole discretion. PEACHY CLOUDS reserves the right to
terminate your access to any or all of the Communication Services at any time without notice for
any reason whatsoever.
PEACHY CLOUDS reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to
post or to remove any information or materials, in whole or in part, in PEACHY CLOUDS's sole
discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. PEACHY CLOUDS does not control or endorse the
content, messages or information found in any Communication Service and, therefore, PEACHY
CLOUDS specifically disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Service. Managers and hosts are
not authorized PEACHY CLOUDS spokespersons, and their views do not necessarily reflect
those of PEACHY CLOUDS.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials Provided to https://www.peachycloudsshop.com/ or Posted on Any PEACHY
CLOUDS Web Page
PEACHY CLOUDS does not claim ownership of the materials you provide to
https://www.peachycloudsshop.com/ (including feedback and suggestions) or post, upload, input
or submit to any PEACHY CLOUDS Site or our associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your Submission you are
granting PEACHY CLOUDS, our affiliated companies and necessary sublicensees permission to
use your Submission in connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in connection with your
Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
PEACHY CLOUDS is under no obligation to post or use any Submission you may provide and
may remove any Submission at any time in PEACHY CLOUDS's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
Third Party Accounts
You will be able to connect your PEACHY CLOUDS account to third party accounts. By
connecting your PEACHY CLOUDS account to your third party account, you acknowledge and
agree that you are consenting to the continuous release of information about you to others (in
accordance with your privacy settings on those third party sites). If you do not want information
about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by PEACHY CLOUDS from our offices
within the USA. If you access the Service from a location outside the USA, you are responsible
for compliance with all local laws. You agree that you will not use the PEACHY CLOUDS
Content accessed through https://www.peachycloudsshop.com/ in any country or in any manner
prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless PEACHY CLOUDS, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
PEACHY CLOUDS reserves the right, at its own cost, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event you will fully
cooperate with PEACHY CLOUDS in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and PEACHY CLOUDS 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.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. PEACHY CLOUDS AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PEACHY CLOUDS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PEACHY CLOUDS
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL PEACHY CLOUDS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY
OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
PEACHY CLOUDS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
Termination/Access Restriction
PEACHY CLOUDS reserves the right, in its sole discretion, to terminate your access to the Site
and the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of New Jersey and you
hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and PEACHY CLOUDS as a result of this agreement or use of the Site. PEACHY
CLOUDS's performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of PEACHY CLOUDS's right to comply with
governmental, court and law enforcement requests or requirements relating to your use of the Site
or information provided to or gathered by PEACHY CLOUDS with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the remainder of the agreement
shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and PEACHY CLOUDS with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and
PEACHY CLOUDS with respect to the Site. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or administrative proceedings based
upon or relating to this agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed form. It is the
express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
PEACHY CLOUDS reserves the right, in its sole discretion, to change the Terms under which
https://www.peachycloudsshop.com/ is offered. The most current version of the Terms will
supersede all previous versions. PEACHY CLOUDS encourages you to periodically review the
Terms to stay informed of our updates.
Contact Us
PEACHY CLOUDS welcomes your questions or comments regarding the Terms:
PEACHY CLOUDS
253 English Place
Basking Ridge, New Jersey 07920
Email Address:
Telephone number:
973-993-6022
Effective as of March 20, 2021