Terms & Conditons
Purchase Agreement
By accepting delivery of any product ordered from POPFashionwear.com ("POPFashionwear.com"), you ("Customer") agree to be bound by the terms and conditions listed below. You and POPFashionwear.com agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and POPFashionwear.com. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from POPFashionwear.com.
Acceptable Payment Methods
- VISA
- MASTERCARD
- Pre-paid company check, cashier's check or money order (Note: Pre-paid methods, including cashier's checks, take slightly longer to process because all payments must first clear with the bank due to the risk of fraudulent checks.)
- WIRE TRANSFER
- No C.O.D. orders.
Shipping Methods
- UPS Ground - 5 to 7 business days + 24-72 hours to process the order.
- UPS 3Day - 3 business days + 24-72 hours to process the order.
- UPS 2Day - 2 business days + 24-72 hours to process the order.
- UPS Next Day Residential - Delivery within 1 business day + 24-72 hours to process the order.
- USPS Priority Mail - Delivery within 2 to 9 business days + 24-72 hours to process the order. (For Hawaii, Alaska, Puerto Rico, Guam, Virgin Island customers)
- APO/FPO orders are ship out via USPS. Delivery will take approximately 1 to 3 weeks + 24-72 hours to process the order.
- All orders require 24-72 hours processing time before shipping.
- POPFashionwear.com does not process orders during weekends.
- Only USPS deliveries will be made on Saturday but not on Sunday.
- No UPS deliveries will be made on Saturday or Sunday.
- POPFashionwear.com does not guarantee same day shipping.
- All orders shipped within New Jersey will be charged state sales tax. Please note that the sales tax for New Jersey orders is calculated based upon the total price of the order, including shipping and handling.
- Exact delivery times to Hawaii, Alaska, Guam, Puerto Rico and Virgin Island cannot be guaranteed.
- POPFashionwear.com will use either UPS or USPS to ship out order.
- Express Shipping is not available for PO Box or Military address. If you select express shipping method to po box or military address shipping difference from express to priority shipping cost will be issued and package will ship priority mail.
POPFashionwear reserves the right to charge customer(s) as needed to cover the full amount that is due for any past due amounts or any monies that are owed to POPFashionwear. POPFashionwear is in no way responsible for any shipment that is not delivered and by purchasing from POPFashionwear. You are agreeing to these terms and hereby forfeit any right to dispute any shipment that has been delayed, lost, stolen, or non-deliverable due to Mother Nature or has been miss-delivered unless the fault is of POPFashionwear.
Free Shipping
Within contiguous United States
Free shipping will automatically show when subtotal of item is over $99.00.
Military Installation (APO, MPO, DPO, etc)
1. Free shipping is only eligible for subtotal of items is over $99.00.
2. Exception: We will offer free shipping to military installation customers when subtotal of items is over $99.00.
Hawaii, Alaska, US Territories
Unfortunately, we don't offer free shipping due to high shipping cost to these areas but offer one of the inexpensive shipping cost to these areas.
International & Overseas
1. Unfortunately, we don't offer free shipping to other countries outside of United States but continue to work with our shipper to give our overseas customers better shipping rates.
2. For Canada customers who select UPS Canada Standard shipping there will be a UPS brokerage fee. For more information see the rate at UPS.
Cross-Ship
POPFashionwear.com cross-ship item(s) under a special circumstance. Items may be cross-shipped if the following criteria are met:
1. The customer first agrees to purchase the replacement item.
2. The same make/model item is in stock. Return shipping costs are the sole responsibility of the customer. Return shipping is a service paid to a shipping courier so they will transport your authorized return to POPFashionwear.com.
3. Under no circumstance will POPFashionwear.com cross-ship merchandise beyond 21 calendar days for US Continental customers and 30 calendar days for international and military installation customers from the original invoice date.
Wrong item
If you received wrong item (color, length, item) please contact us within 5 business days of receiving item(s) for us to investigate on the matter. We require you to take picture of the wrong item and e-mail it to one of our customer care representative to verify that you received wrong items. Once we verify that you receive wrong item we will e-mail or fax you UPS pre-paid return label for you to send the wrong item back to us. However, if you can't drop the item at UPS store or UPS driver or if you are located in military installation or international we ask you to mail the item back to us via USPS Priority mail and enclose the receipt inside box for us to refund the shipping cost back to you.
1. We will ship out correct item once we verify that you have mailed out incorrect item back to us.
2. If you want to get refunded we will refund once we receive item and inspect the item
3. If we don't receive wrong item within 30 calendar days of you contacting us we will void out the UPS return label and reject the wrong item back to you.
Promo Codes
POPFashionwear.com will sometimes furnish a code that can be used for promotions on our Web site. These promotional codes may be found in online advertisements, sent via email to promotion subscribers, presented on the POPFashionwear.com Web site. Some of the specials offered by entering a Promo Code during checkout include free shipping, volume discounts, free gifts or discount. The provisions for a Promo Code will be included with the code itself; if an expiration date or other condition is stipulated, just reference where you acquired the code for the exact requirements. Please note that Promo Codes are not redeemable for cash and you must spend more than the discount price in order for a promotion to be applied. For example, if a Promo Code offered $15.00 off your next purchase, you would need to spend more than $15.00 to redeem your discount.
Sales Tax
Sales tax is only required for orders shipping into state (New Jersey) and where we have or may have nexus for state tax purposes under applicable laws.
Duty tax and Customs fee
International customers (outside of US and military installation customers) need to pay duty tax or/and customs fee. This amount is calculated proportion to your order amount. For more information about duty tax or customs fee contact your customs office.
Money Back Guarantee/Refund Policy
All merchandise unless otherwise indicated may be returned within 21 calendar days (for US Continental orders) or within 30 calendar days (for International or US military installation orders) from the original invoice date for a refund or a store credit. A restocking fee up to 30% may apply. These terms apply to all refunds. Most products are shipped with a refund/store credit guarantee period unless otherwise noted in the product listing. Customers must inform NYFashionwear.com of any order discrepancy within 5 calendar days from the invoice date so that we may investigate and resolve the situation accordingly.
POPFashionwear.com SATISFACTION GUARANTEE - POPFashionwear.com offers our customers a 21 days (for US Continental orders) or within 30 days (for International or US military installation orders) satisfaction replacement or refund guarantee on all purchases, except:
- Any clearance items.
- Any buy one get one free items
Physical Damage Policy
Physical damage to any product purchased at POPFashionwear.com will effectively void return policy. Physical damage includes item that has been altered, cut or damaged, missing item package will void return policy. As a result, POPFashionwear.com will return any physically damaged item back to the customer at the customer's expense.
Lost Package Policy
Lost package will go through trace department (UPS or/and USPS) and trace will take 1 to 30 business days to complete before we can either issue refund, reprocess, or store credit.
Restocking Fee
- A restocking fee up to 30% may apply to all returns for refund or store credit. Shipping charges are non-refundable. No refund or store credit after 21 calendar days (for US Continental orders) or 30 calendar days (for International or US military installation orders).
- For "Return to Sender" or "delivery refused" there will be a 15% restocking fee from the subtotal. For "Return to Sender" or "delivery refused" shipping cost will not be refunded.
- For international orders, if the package returns back to us due to fault not of Hair Sisters (i.e. importation restriction, etc) Hair Sisters will refund less shipping and handling charge and may charge 15% of subtotal restocking fee.
Processing Time
You can expect your order to be processed and ship out within 24-72 business hours from order time, and there are no problems with payment verification. POPFashionwear.com does not guarantee same day-shipping. Orders are not processed on weekends and holidays.
Backorders
Occasional inventory discrepancies may occur due to inaccurate inventory counts. In that instance, you can choose to wait for 30 days or cancel your order for refund. If item is not available within 30 days of first order date we will refund back order item less discount you received. Refund will be processed back to original credit/debit card that was used for the item, along with any applicable tax fees and shipping charges. An automated email will also be sent to your POPFashionwear.com e-mail.
Order status
POPFashionwear.com will keep you informed of your order status via e-mail. All tracking information will be emailed to your POPFashionwear.com ID once your order has shipped (except when an APO/FPO and international is the shipping destination). You may also acquire your order status by logging in to your POPFashionwear account on our Web site.
Security
Security is our number one priority. All on-line transactions are sent through our secure server and encrypted with 128-bit technology. Once we receive your information through the internet, only trusted, authorized employees will process the payment to make sure your information is handled with the utmost level of security.
Privacy
POPFashionwear.com respects your privacy. We will not under any circumstances sell or release your information to anyone except as outlined in our privacy policy. All of the information obtained from our Web site will be used for processing purposes only. The only e-mails you will receive from POPFashionwear.com are updates to any recent orders and/or returns.
Safe Shopping Guarantee
Fair Credit Billing Act: We guarantee that every online transaction you make will be 100% safe. This means you pay nothing if unauthorized charges are made to your card as a result of shopping at our online store. Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00 for fraudulent charges. If your bank does hold you liable for any of this $50.00, we will cover the entire liability for you, up to the full $50.00. We will only cover this liability if the unauthorized use of your credit card resulted through no fault of your own from purchases made while using our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
Changing Order
You may request to change your shipping address or shipping method once you submit your order. However, we can’t make changes to your order item once you submit your order. To make changes to your shipping address or shipping method, contact us at 1-201-939-7867 during POPFashionwear hours of operation. Please, have your order number or customer number ready for better assistance. We do not take order change via e-mail due to email because it is unlikely we will receive the message in time to make an adjustment due to the sheer number of emails we receive each day.
Cancelling an Order
You may request that an order be cancelled provided the order has not already been processed and shipped. Simply call 1-201-939-7867 during POPFashionwear hours of operation to request an order cancellation. You will receive a credit for the full amount to your credit/debit card in approximately 1-3 business days. We do not take cancellation requests via email because it is unlikely we will receive the message in time to void the order due to the sheer volume of emails we receive each day.
Product Listings
POPFashionwear.com strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our Web site. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our Web site is labeled with an incorrect price due to some typographical, informational, technical or other error, POPFashionwear.com shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other Web sites from POPFashionwear.com are provided as resources to customers looking for additional information and/or professional opinion. POPFashionwear.com does not assume responsibility for the claims and/or representations made on these or any other Web sites.
Product Revisions
POPFashionwear.com is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, POPFashionwear.com puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our Web site to become outdated without our immediate knowledge. This includes but is not limited to color revisions, color deviations that may be considered inconsequential by the manufacturer. POPFashionwear.com relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, POPFashionwear.com will not be held responsible for product revision changes.
Product Reviews
POPFashionwear.com reads all reviews before posting them and reserves the right to deny any review.
Here are some of the things that can cause a review to be denied:
- Offensive or abusive language.
- Prices and availability can change very quickly on the POPFashionwear.com Web site, so please leave such information out of your review.
- Hyperlinks/URLs.
- References to other stores/resellers.
- Comments on products that were either physically damaged or misused.
- Replies to existing customer reviews; please do not attempt to initiate discussions here.
- Comparisons to competing brands/products of competing brands.
- Criticism of NYFashionwear service or the service of our operations partners. (UPS, USPS, PayPal, etc.)
- Illegal content
- Invasions of personal privacy
- Pornography or obscenity
- Hate or incitement of violence, threats of harm or safety of a person
- Graphic violence or other acts resulting in serious injury or death
- Any violations of copyright.
We may change these policies at any time without notice.
Satisfaction Guarantee
POPFashionwear.com offers our customers satisfaction guarantee by offering 21 calendar days for US Continental customers or 30 calendar days for international and military installation customers to return issuing store credit or refund guarantee on all purchases, except:
- Any clearance items.
- Any buy one get one free items.
To take advantage of POPFashionwear satisfaction guarantee, the Customer must comply with the Product Return Procedure detailed below. Any breach of NYFashionwear Return Policy Procedure will result in the loss of NYFashionwear refund/store credit guarantee. Furthermore, all return shipments not in compliance with these instructions will be rejected.
Product Return Procedure
To return a product in compliance with POPFashionwear satisfaction guarantee, you must obtain a Return Merchandise Authorization ("RMA") number within the guarantee return period for the product (described above). Please click here to acquire an RMA number. All RMA requests must be filed online. NYFashionwear.com will not accept returns without prior authorization and a RMA number. Once issued, RMA numbers are valid for 15 days within which return products must be received by NYFashionwear.com. RMA numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product.
Customer is solely responsible for shipping any returned product to POPFashionwear.com. Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping and insurance charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, tags and other accessories provided by the manufacturer. If any component of the returned product is missing, POPFashionwear Return Procedure will be breached and POPFashionwear.com may in its sole and absolute discretion reject the entire return or choose to impose restocking charges up to 30% against the customer for replacement of the missing component(s).
POPFashionwear.com will not refund to Customer the original shipping charges. In addition, POPFashionwear.com may assess restocking fee up to 30% against the Customer's account on all returns for refund or store credit.
Warranties; All Product Sold "AS-IS" or "With All Faults"
POPFASHIONWEAR.COM IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY POPFASHIONWEAR.COM ARE NOT MANUFACTURED BY POPFASHIONWEAR.COM. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER'S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). POPFASHIONWEAR.COM ASSIGNS AND PASSES THROUGH TO THE CUSTOMER ANY WARRANTY OF THE MANUFACTURER, AND CUSTOMER ACKNOWLEDGES THAT IT SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS. POPFASHIONWEAR.COM MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. POPFASHIONWEAR.COM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
ALL ITEMS SOLD THROUGH POPFASHIONWEAR.COM ARE SOLD "AS-IS" OR "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR POPFASHIONWEAR.COM , ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
Limitation of Liability
IN ALL CIRCUMSTANCES POPFASHIONWEAR.COM 'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. POPFASHIONWEAR.COM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. POPFASHIONWEAR.COM SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT POPFASHIONWEAR.COM HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
Recordings
POPFashionwear does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. Customer agrees not to record any call with POPFashionwear unless Customer has provided clear and conspicuous notice to POPFashionwear and has received prior written consent from POPFashionwear.
Orders
An order is not binding upon POPFashionwear.com until it is accepted; POPFashionwear.com must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with POPFashionwear.com. You agree to pay the amount(s) due as specified on the invoice.
Shipping Charges
Your total cost for purchase of any product will include the shipping and handling charges shown on your POPFashionwear invoice. However, your original shipping fees are non-refundable in the case of a returned product. Those fees are paid for the services provided by and to the original carrier, and will not be refunded to you if your item is returned for a refund or store credit to POPFashionwear.
Risk of Loss
POPFashionwear.com will arrange for shipment of ordered product(s) to the Customer shipping point and risk of loss passes to the Customer upon delivery to the carrier. POPFashionwear.com will advise Customer of estimated shipping dates, but POPFashionwear.com will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between POPFashionwear.com and Customer shall be governed by the laws of the State of New Jersey, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. POPFashionwear.com and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of New Jersey, Cook County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against POPFashionwear.com that is more than one year after the date of the applicable invoice.
Severability
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable New Jersey law.
Waiver
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement
These terms and conditions, together with POPFashionwear invoice regarding the products ordered by Customer, are the complete and exclusive agreement between POPFashionwear.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between POPFashionwear.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.