TERMS AND CONDITIONS
Terms And Conditions
Last Updated: Dec 9 2021
Welcome to Shoptorious
Privacy & Security
Information security is important to Shoptorious. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. Shoptorious does, however, reserve the right at all times to disclose any information as Shoptorious deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
Intellectual Property Rights
The Sites contain valuable trademarks and service marks owned and used by Shoptorious, including but not limited to, Shoptorious, the Shoptorious design logo, and the tag line (collectively, the "Shoptorious Marks"). Any use of the Shoptorious Marks without the prior written permission of Shoptorious is strictly prohibited. The arrangement and layout of the Sites, including but not limited to, the Shoptorious Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the "Site Content"), are the sole and exclusive property of Shoptorious.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED.
Shoptorious uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Sites. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us but appear on the Sites are the property of their respective owners.
From time to time, the Sites permit the submission of content, such as comments, blogs and product reviews, generated by you and other users ("User Content").
You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary.
By submitting User Content, you represent and warrant to Shoptorious that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize Shoptorious to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate Shoptorious's Acceptable Use Policy set forth below.
Shoptorious does not endorse any User Content or any opinion, recommendation, or advice expressed therein. Shoptorious reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. Shoptorious has the right to refuse, remove, edit or delete any User Content and/or to terminate any user's access to the Sites for any reason. SShoptorious takes no responsibility for User Content.
Social Media Tag Usage
BY USING #Shoptorious, @Shoptorious AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN ANY WAY RELATED TO ANY OF THE SITES, EACH USER AGREES TO PROVIDE Shoptorious WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING MATERIALS, ON SPONSOR’S WEBSITES, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHTS AND TRADEMARK RIGHTS.
Acceptable Use Policy
By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant Shoptorious all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Sites to harm any person or entity, including Shoptorious; (iv) impersonate any person or entity, including but not limited to, a representative of Shoptorious, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (y) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or (z) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.
You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. Shoptorious reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Shoptorious reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and Shoptorious reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Sites and the Shoptorious Rewards Program described below. Shoptorious reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Shoptorious's sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation. All orders are charged at the time of purchase.
*All prices on website are for reference only and are subject to change anytime. Currently we are updating prices on all products
- Shipping Times may differ depending on shipping address, weather delays, or holiday seasons on stocked items. Please inquire. On stocked items, our general shipping estimate from CA to depending on your delivery state estimate is 5 to 10 business days for Health Products. Beauty Products take estimate 2 to 4 weeks. If you have specific date of receipt required, please notate on order or inquire us at email@example.com.
- Some parts of the city and state may require additional shipping fee based on your shipping location. Certain products may require additional shipping charge for additional care to be shipped. We will notify you of the additional shipping fee.
- THE SHIPPING TIMES WE QUOTE ARE ONLY ESTIMATES, NOT GUARANTEES. We will not compensate due to delays in production and shipping which may occur. Delays in production, back order and shipping may occur. If a delay occurs, don't panic. We will work hard to get your purchase to you. In most cases, delays occur during busy seasons, holidays, due to production delays, weather delays, transit delays or other factors not in our control. We will make all efforts to quote accurate lead times and notify all our customers promptly. Due to increased security by governments, customs delay may also occur, which is beyond our control.
- Orders can only be cancelled within 48 hours of order placement by sending us an email. Cancellation cannot be done over the phone.
- Orders cannot be cancelled after 48 hours of order placement.
- Orders cannot be cancelled after its been shipped.
- Cancellation/Refund will be processed/applied in 5 to 7 business days.
Color representations on computer screens can be different based on settings and various display technologies. Digital or printed image colors can also be slightly different from the originals. It is the customer's responsibility to request additional high resolution pictures so that they may see exactly what they are getting before purchasing. Customer also agrees that they may not dispute the finish, or color or texture or any other physical attribute after taking delivery of a product.
- Request Return Authorization Number by calling (310)465-5897 or email to firstname.lastname@example.org and provide picture of current condition of your order which includes picture of original package for approval by Shoptorious. Once approved of the condition required, we will provide RA # and the warehouse return address.
- We will email you a Return Authorization (RA) number within 72 hours with return instructions on how to return the product.
- Shipping the product back to warehouse:
- Please repack the products for return in the original box with original packaging material and additional tags attached to merchandise. Do not mark the original box, improper labeling may result in the denial of return.
- Ship the product to the warehouse address provided on RA using a carrier that will provide both a tracking number as well as a signature that the item was confirmed delivered. If we are unable to confirm delivery of your item, this may result in the denial of a refund. The package should be fully insured. We will not accept any uninsured packages.
- We require that returns are shipped via a carrier that will provide you with a return tracking number. If a return is shipped without a tracking number the customer will be liable if the item is lost by the carrier and no refund will be issued. Providing a tracking number will also accelerate your return process. Retain your tracking number and email it to us at email@example.com so that we can check on the progress of your return.
- In the event that a return becomes damaged on its way back to the return destination, shoptorious will refuse the delivery or inform the customer via email that the item was received damaged and will hold the product for up to 30 days. It is the customer's responsibility to file a claim with the shipping carrier and instruct shoptorious concerning what to do with the damaged product. If shoptorious has not received notification or response from the customer within 30 days, the item will be moved out from warehouse and donated.
- Once the returned item has been received, verified and also confirmed to be free of damage, modification or wear, then the refund will be processed.
- The refund will be given in the original form of payment.
- Items returned without the proper RA# may delay the refund process. Please read your return instructions carefully to avoid delays and unnecessary expenses.
- Please be patient during this period as it may be a lengthy process, due to transportation management and circumstances that are out of the reach of both parties.
- Any item that has been modified or USED in any way, or that has been assembled.
- Any item that is not in resalable condition.
- Any item not accompanied by a Return Authorization Number issued by shoptorious.
- Any item that has been altered, painted or fixed
- Any item that is not in the original box with sufficient packaging materials.
- Any orders that has already shipped.
Please note that returned items found to be in working condition or shipped as ordered may not be eligible for a full refund and return shipping will be deducted from the refunded amount.
60 Days limited Warranty for Manufacturer Defects from the date of purchase to the original purchaser. The warranty does not cover caused by misuse, abuse or improper maintenance.
About Our Prices
Where a product listing on our Site references a higher price, typically denoted by a strikethrough (e.g. "$549"), such higher price represents the retail price suggested by the manufacturer or supplier. In the absence of a price suggested by the manufacturer or supplier, this price represents the highest price at which we offered or sold the product at some point in the past. For “Flash Deals”, where a product is temporarily being sold at a reduced price, an additional strikethrough price is presented that represents a recent previous price before the Flash Deal promotion.
Notice to California Residents
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. Please call us prior to ordering if you have any questions regarding the safety of these products.
Pursuant to California Civil Code Section 1789.3, Shoptorious provides users of the Sites with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
Communications with Shoptorious For all communications made to or with Shoptorious, including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and Shoptorious will have no obligation to protect your communications from disclosure; (ii) Shoptorious will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Shoptorious will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
Disclaimer of Warranties
Shoptorious intends for the information and data contained in the Sites to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Sites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, SHOPTORIOUS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.
Limitation on Liability
IN NO EVENT WILL SHOPTORIOUS OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF SHOPTORIOUS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if Shoptorious is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.
YOU AND SHOPTORIOUS AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Right to Access
YOU MUST BE AT LEAST AGE 13 TO USE THE SITES. By using the Sites, you affirm that you are over age 13. If you are under age 13, you may not access or use the Sites.
IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER'S REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER'S USE OF THE SITES.
Shoptorious periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that Shoptorious has no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
The Sites are operated by Shoptorious from its offices in California, USA. The Sites are intended for users who reside in the United States of America. Shoptorious makes no representations or warranties that the Sites or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use the Sites outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Shoptorious reserves the right to limit the availability of the Sites and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion. Any software on the Sites is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software from the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.