Last updated: March 01, 2023
Introduction
Welcome to the Comfort Choice® Bras, Panties, Posture Bra, Underwear website (the “Site”). This Site is owned and operated by Comfort Choice LLC (“Comfort Choice”, “we” or “us”). These Terms and Conditions set forth the terms and conditions under which you may access and use our Site and shop for our products.
Please read these Terms and Conditions and our Privacy Policy carefully before using this Site so that you understand your rights and responsibilities. By accessing or using this Site, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not accept these Terms and Conditions and our Privacy Policy, you do not have permission to access or use this Site.
We may revise these Terms and Conditions at any time by updating this page. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions.
Use of the Site
You must be at least 18 years of age to use this Site. Use of this Site by anyone under 18 is not authorized or condoned by us.
This Site and all content, information, trademarks, logos, graphics, images, text, user interfaces, visual interfaces, software, design, treatments, information and other materials (collectively, “Content”), including, without limitation, the organization and layout of the Content contained on this Site is owned by Comfort Choice, our affiliates or our Content providers and is protected by copyright, trademark and other intellectual property laws. All rights not expressly granted are reserved.
You may use this Site for personal, non-commercial purposes only. You may download, print or store selected portions of the Content, provided you: (1) only use these copies for personal, non-commercial purposes; (2) do not modify the copies; and (3) do not delete or change any copyright, trademark or other proprietary notices. You may not otherwise use, reproduce, distribute, publish, display, modify, create derivative works from, decompile, reverse engineer or disassemble any Content without the prior written consent of Comfort Choice.
Your Account
In order to purchase products on this Site and use certain other features, you must create an account. When you create an account, you agree to provide accurate, complete and up to date account information, as requested. Failure to do so will result in suspension or termination of your account. You agree to promptly notify us of any updates to your account information, including contact information, payment information and information related to your continued eligibility for any offers or promotions.
You are solely responsible for any activity resulting from use of your account, whether authorized by you or not. You may not share your account information with any other person or allow another person to access or use your account. You must protect the confidentiality of your login credentials and restrict access to your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account information or your failure to promptly notify us of unauthorized account activity.
We reserve the right to suspend or terminate your account for any reason at any time without notice. Grounds for account termination include, but are not limited to, violation of these Terms and Conditions or any special terms related to a particular promotion, fraudulent or unauthorized use of your account, or any other unlawful activity or misconduct. If your account is terminated, we reserve the right to refuse to open a new account for you in the future. Cancellation or termination will not affect any previous obligation under these Terms and Conditions.
Product Pricing and Descriptions
All prices and availability of products are subject to change without notice. Errors may occur. In the event a product listed at an incorrect price, we will have the right to refuse or cancel any orders placed for that product listed at the incorrect price. Information about products on this Site is provided by us or our vendors and suppliers. Though we work to keep product descriptions up to date, they do not necessarily reflect the latest details about a product. We make all reasonable efforts to accurately describe our products and their capabilities on this Site; however, we do not warrant that product descriptions or other content on this Site is accurate, complete, reliable, current or error-free. If a product offered by us is not as described, your sole remedy is to return it, unused, in original packaging for a refund.
Payment and Orders
All orders placed through this Site are subject to product availability and acceptance by us. We may, at our sole discretion, choose not to accept orders from certain individuals.
To purchase any products on this Site, you must fully complete the online checkout process. This requires providing complete and accurate payment information. You represent and warrant that you have the legal right to use any credit card(s) provided in connection with your order. By submitting an order, you authorize Comfort Choice to charge the full amount to the provided credit card.
If payment is not received by us from your credit card issuer, you agree to pay all amounts due immediately upon our demand. We reserve the right to terminate or restrict access to the Site due to prolonged periods of inactivity, policies of issuers, fraudulent or unlawful activity, or for any other reason.
All orders placed on business days will be shipped within 2-3 business days. We do not ship or deliver on weekends or holidays. If there will be a significant delay in shipment of your order, we will contact you via email.
By placing an order, you represent and warrant that the products ordered will be used only in a lawful manner. Comfort Choice reserves the right to limit order and item quantities. We also reserve the right to discontinue products or services without prior notice, decline orders based on customer history or suspected fraud, and/or cancel any orders arising from pricing or other errors. If your order is cancelled, you will be notified via email and refunded any prepaid amounts related to that order.
Returns and Exchanges
Due to the intimate nature of our products, all sales are final and no returns or exchanges are allowed, except if your product arrives damaged or defective.
If you receive a damaged or defective product, you must report it to customer service within 3 business days of receipt of the product to receive a prepaid return shipping label to send it back. Upon receipt and verification of the issue, we will send you a replacement product or refund.
Shipping and Delivery
We will ship your order to the address you provide during checkout. You must provide a complete, accurate and deliverable shipping address. Any shipping address errors are your sole responsibility. There may be additional charges for shipments to addresses outside of the continental United States including APO/FPO addresses.
You bear all risk of loss or damage to the products after delivery. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping dates are estimates only and subject to change. We are not liable for any delays in shipments.
You authorize the shipment of your order without your physical presence and signature. If the products are lost or damaged in transit, we will, upon receipt of notice from you no later than 3 business days after delivery, provide you a replacement or refund.
Copyrights and Trademarks
The trademarks, logos and service marks displayed on this Site are our property or the property of our affiliates and/or other respective owners. You are not permitted to use these trademarks without our prior written consent or the consent of such third party which may own the trademarks. All information and content including any software programs available on or through this Site (“Content”) is protected by copyright. We and our affiliates and Content providers have the right to enforce their respective copyrights to the fullest extent of the law. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from us or the applicable Content provider.
User Content
If you choose to post content to any forums, blogs, product reviews, or other features of this Site that allow users to post content for viewing by others (“User Content”), you agree to the following rules:
- You consent to having such User Content posted publicly on this Site.
- You are solely responsible for the User Content you submit. You represent and warrant you own or otherwise have the right to use such content.
- You will not knowingly provide false or misleading information, or misappropriate the identity of another person.
- You will not submit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable.
- You will not submit content that infringes on any patent, trademark, trade secret, copyright or other intellectual property rights of another person.
- You agree that your User Content does not violate these Terms and Conditions or any applicable local, state, national or international law.
We do not endorse or control User Content submitted by users. We have the right, but not the obligation, to monitor User Content and take any action we deem appropriate in our sole discretion without notice. This may include removing, editing or rejecting User Content.
Product Ratings and Reviews
To the extent you are permitted to post product ratings and reviews, you shall ensure they are accurate and truthful. You shall remain solely responsible for any product reviews, ratings and other User Content you submit. You may not provide compensation to others for submitting favorable reviews of your own products or critical reviews of competitors’ products.
We have the right to remove any product reviews or ratings that do not comply with the following rules:
- The review must reflect the honest opinions, findings, beliefs, or experience of the product’s user.
- It should not contain profanity, obscene language, personal information or other inappropriate content.
- Advertisements, chain letters or solicitations are not appropriate.
- Reviews should be relevant to the product. Off-topic reviews will be removed.
- Threats of violence, harassment, intimidation or personal attacks against anyone will not be tolerated.
Reviews are not verified by us for accuracy. The views expressed by users do not reflect the views of Comfort Choice. We do not assume liability for any inaccuracies, errors or problems with the content of user reviews.
Links to Third Party Websites
This Site may contain links to websites owned and operated by parties other than Comfort Choice. We do not control the content or links displayed on these sites. If you decide to access any third party sites linked to this Site, you do so at your own risk. Your use of third party websites is subject to the terms and conditions of those sites. We provide links only as a convenience and the inclusion of any link does not imply endorsement by Comfort Choice. We reserve the right to terminate any link at any time.
Disclaimers and Limitation of Liability
The products on this Site are provided on an ‘as is’ basis without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Under no circumstances, including negligence, shall Comfort Choice be liable for any direct, indirect, incidental, special or consequential damages arising from or relating to the use of or inability to use this Site, including damages from loss of profits, goodwill, data, business interruption or costs of procurement of substitute products or services. Some states do not allow the exclusion or limitation of liability for consequential damages, so the above limitation may not apply to you.
In no event shall Comfort Choice total liability to you from all damages, losses and causes of action exceed one hundred dollars ($100).
You agree to indemnify, defend and hold harmless Comfort Choice and our affiliates from any claims, damages, liabilities, costs and expenses (including reasonable attorney fees) arising from your use of this Site or violation of these Terms and Conditions.
Governing Law and Disputes
These Terms and Conditions are governed and construed in accordance with the laws of the State of Tennessee without regard to conflict of law principles. Any dispute arising out of these Terms and Conditions shall be adjudicated in the state courts located in Davidson County, Tennessee.
Severability
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
Contact Us
If you have any questions about these Terms and Conditions, please contact us at:
Comfort Choice LLC
123 Main St, Nashville, TN 37209
Email: [email protected]