Terms of Sale

Terms of Sale

Last modified: January 10, 2022

 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH PSD UNDERWEAR, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through psdunderwear.com (the “Site”). These Terms are subject to change without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 9).

1. Order Acceptance.

You agree that your order is an offer to buy, under these Terms, the products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between PSD Underwear and you will not take place unless and until you have received your order confirmation email.

If you do not receive an email from us within a few hours of placing your order, be sure to check your Spam folder. Alternatively, the email address on file might be spelled incorrectly. To check your orders, log into your PSD Underwear account and look for Order History. If you are still unable to locate the confirmation email for your order, please contact our support team by emailing support@psdunderwear.com.

Your order may not be processed for several reasons including if an item is out of stock, we are unable to verify your billing information, or your billing address does not match the credit card on file for the order. If your order is not processed for any of the reasons above, you will receive an email confirming your order’s cancellation or other status. The full amount of the order will be refunded back to the original form of payment used. Refunds can take up to 2-5 business days to clear and 7-10 business days for the amount to post to your account, depending on your financial institution.

2. Cancellation.

We process orders very quickly to get your gear out to you as soon as possible, which means in most cases, we can’t make any changes after an order has been placed. That being said, if you have already placed an order and would like to:

  • cancel an order;
  • add or remove items;
  • change the shipping address;
  • upgrade the shipping method; or
  • forgot a promotional discount code

Please contact our support team with your order number at support@psdunderwear.com. Cancellations and order modifications are not guaranteed and can only be made during business hours.

 

3. Prices and Payment Terms.

(a) All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email.

(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, Discover, Mastercard, American Express, PayPal, Amazon Pay, Google Pay, Apple Pay, and Afterpay. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

4. Shipments; Delivery; Title and Risk of Loss.

(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Further, we do not ship items with a signature, so please make sure your address is a secure location.

5. Returns and Refunds.

Except for any products designated as non-returnable, we, will accept a return of products purchase on the Site for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment and provided such products are unworn, unused, undamaged, and returned in their original condition including with all tags attached and in original packaging. We do not accept returns or issue refunds on items that were part of a special offer. To return products, you must initiate a return on our online Returns Center on the Site. If there is a reason you cannot meet the 30-day requirement, please email us at support@psdunderwear.com. You bear the risk of loss during shipment.

Approved refunds are processed within approximately one to two weeks of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

6. Exchanges.

Within 30 days of the date of purchase, we will exchange orders that meet the below criteria:

  • Exchanges must be started through our Returns Center within 30 days of the date of purchase.
  • Exchanges are only offered for product that are currently available.
  • The item(s) being returned must be unworn, unused, undamaged, and still have original tags and packaging.
  • Exchanges are only offered for domestic US orders. We do not offer international exchanges.

You can start an exchange through our online Returns Center on the Site. Or if you have any questions, please reach out to our customer service team at support@psdunderwear.com.

 

7. Order Errors.

We apologize any errors that may occur in processing your order. If you receive the wrong item, contact us to open a help desk ticket. Please provide your order number or other order information and a picture of the item(s) you received. It may take 2-3 business days to investigate the issue. We will reship the correct item or refund your order.

8. LIMITED WARRANTY.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.

This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.

This limited warranty does not cover damages due to transportation; storage; improper use; modifications; normal wear and tear; or external causes such as accidents, abuse, or other actions or events beyond our reasonable control.

With respect to any defective products, we will, in our sole discretion, either: (i) repair or replace such products free of charge or (ii) refund the purchase price of such products.

(a) Limitation of Liability THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. Intellectual Property.

You acknowledge and agree that: (a) PSD Underwear and its licensors are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks, and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Site, or of any intellectual property rights relating to those products.

10. Privacy.

Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

11. Governing Law and Jurisdiction.

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.

12. No Waivers.

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of PSD Underwear.

13. Entire Agreement.

These Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.