Terms and Conditions

 

 

Plus Size Madamma – Terms & Conditions of Service

 

Plus Size Madamma’s (PSM) website(s) (our “Site” or “Sites”) and related services are made available to you pursuant to the following Terms & Conditions of Service (TOS) and any other rules posted on our site.  By visiting www.plussizemadamma.com you are accepting and consenting to the practices described in the TOS.

 

We may modify the TOS from time to time, and your continued use of this Site following such change shall signify your agreement to be bound by the modified TOS.

 

For those persons wishing to use our services, they must read and agree to be bound by our policies relating to those services. In particular, we draw your attention to our policies relating to the terms of purchase and our terms and conditions.

 

Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site.

 

REGISTRATION

To use some of the services or features made available to you on this Site, you may need to register. We may change registration requirements from time to time. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address customercare@plussizemadamma.com  You may want to view our Privacy Policy.  

HANDMADE ITEMS

 

Because each garment is hand crafted, no two are identical.   This is part of what makes PSM special – each item is unique and not industrially made.  PSM believes that only by hand you can have finished buttonholes and hems and texture and dimension – all the special details you deserve.

 

Faulty goods

 

We try to make our listings as accurate as possible.  Goods are classified as faulty only if they are received damaged. Please note that items that are damaged as a result of wear and tear are not considered to be faulty. If you would like to exchange a faulty item, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. You may want to review our Returns & Exchanges policy.

Goods are classified as faulty if they are received damaged. Please note that items that are damaged as a result of wear and tear are not considered to be faulty. If you would like to exchange a faulty item, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items.  You may want to review our Returns & Exchanges policy.    

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the Content as herein described, including PSM Software and all HTML and other code contained in this Site, shall remain at all times vested in PSM and/or are the property of their respective owners.   All such Content, including third-party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by PSM and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties.  

Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

 

CONTENT

In addition to the Intellectual property rights mentioned above, Content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site.  Plus Size Madamma tries to ensure that the information on this site is accurate and complete.  PSM does not warrant or represent that PSM’s Content is accurate, error-free or reliable or that your use of PSM’s Content will not infringe rights of third parties. Your use of the Web Site is at your risk. PSM does not warrant that the functional aspects of the Web Site or PSM’s Content will be error free or that this Web Site, PSM Content or the server that makes it available are free of viruses or other harmful components. If your use of this Web Site, or PSM’s Content results in the need for servicing or replacing property, material, equipment or data, MW is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. Plus Size Madamma makes no warranties about PSM Content, software text, downloads, graphics, and links, or about results to be obtained from using the Web Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. Plus Size Madamma reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that Plus Size Madamma is not liable to you or any third-party for any such withdrawal.  

NO COMMERCIAL USE

This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.  

YOUR ACTIVITY

You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.  

THIRD-PARTY

We may include hyperlinks on this Site to other websites or resources operated by parties other than PSM, including advertisers. PSM has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.  

INDEMNIFICATION

At our request, you agree fully to compensate us fully, defend, indemnify and hold harmless PSM immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.   OUR RELATIONSHIP You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and PSM as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of PSM, and we shall not be liable for any representation, act, or omission on your part.  

ENTIRE AGREEMENT

The TOS (as amended from time to time) constitutes the entire agreement between you and PSM regarding your use of this Site, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and PSM in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this Site conflicts with the terms of the TOS, the TOS shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the TOS. You confirm that, in agreeing to accept the TOS, you have not relied on any representation save insofar as the same has expressly been made a representation in the TOS and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the TOS save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the TOS.

 

NO WAIVER

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

 

GOVERNING LAW

The TOS together with all our policies and procedures will be governed by and construed in accordance with the laws of the United States and you irrevocably submit to the exclusive jurisdiction of the courts of the United States.