Terms and Conditions

This Terms of Use Agreement (this “Agreement”), is a legal agreement between you, either individually or on behalf of your corporation, partnership, sole proprietor, or other business entity (“you” or “your”) and Petticoat Fair, Inc., its affiliates, and each of their respective successors and assigns (collectively, “Petticoat Fair”) governing your use of (i) the Petticoat Fair customer purchasing service or other services identified during the ordering or contracting process, developed, operated, and maintained by Petticoat Fair, or accessible via https://www.petticoatfair.com or another designated web site or IP address (the “Site”), (ii) the content contained therein including data, blogs, messages, newsletters and other communication, and (iii) any offline components provided by Petticoat Fair for use in connection therewith (items (i) (ii) and (iii) are collectively referred to as the “Service”).

BY USING THE SERVICE, OR DOWNLOADING, INSTALLING, ACTIVATING OR OTHERWISE USING ANY OF THE MATERIALS AVAILABLE THEREON, YOU ARE AGREEING THAT YOU HAVE READ, AND AGREE TO COMPLY WITH AND BE BOUND BY, THE TERMS OF THIS AGREEMENT IN ITS ENTIRETY WITHOUT LIMITATION OR QUALIFICATION AS WELL AS PETTICOAT FAIR’S PAYMENT AND REFUND POLICIES AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND PAYMENT AND REFUND POLICIES AND TO FOLLOW ALL APPLICABLE LAWS, DO NOT CLICK THE “ACCEPT” BUTTON OR ACCESS OR USE THE SERVICE.

1. License Grant
Subject to the terms and conditions of this Agreement, Petticoat Fair hereby grants you a limited, non-exclusive, non-transferable, license to access and use the Service solely on a server controlled by Petticoat Fair and solely for your own internal business purposes within the United States of America. The license granted herein is conditioned on your continued compliance with the terms and conditions of this Agreement.

2. Restrictions on License Grant
Your use of the Service is limited to the scope of the license granted in this Agreement and this Agreement does not permit you to use the Service other than as provided herein. You acknowledge that the Service constitutes valuable trade secrets and/or the confidential information of Petticoat Fair or its licensors. You acknowledge and agree that except as otherwise authorized under this Agreement or otherwise specified in writing between the parties:
a. You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to, or commercially exploit, the Service or any information, documents, postings, blog writings, messages, software, products and services contained or made available to you in the course of using the Service (the “Content”) or use the Service to run or as part of a service bureau, outsourced, or managed services arrangement;
b. You shall not copy, reproduce, republish, upload, post, transmit or distribute the Service or the Content in any way;
c. You shall not modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute or display, or create derivative works, compilations or collective works based on the Service or the Content;
d. You shall not knowingly or negligently permit other individuals or entities to use or copy the Service, or create Internet “links” to the Service or “frame” or “mirror” the Service on any other server or wireless or Internet-based device;
e. You shall not access the Service for any reason, including without limitation, in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, (c) copy any ideas, features, functions or graphics of the Service, (d) monitor its availability, performance or functionality, or (e) for any other benchmarking or competitive purposes;
f. You shall not access the Service if you sell or provide any service that may compete with Petticoat Fair’s services or products (a “Competitor”);
g. You shall not attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of Petticoat Fair’s or any of its customers or suppliers, or those of any other party; breach the security of another user or system, or attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you or logging into or making use of a server or account you are not expressly authorized to access;
h. You shall not attempt to probe, scan or test the vulnerability of a system, account or network of Petticoat Fair or any of its customers or suppliers, any Petticoat Fair product or service, or those of any other party;
i. You shall not interfere, or any attempt to interfere, with service to any user, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system or distribute programs that “crack” or make unauthorized changes to, the software;
j. You shall not forge any TCP-IP packet header or any part of any header information, falsify, alter or remove address information or other modification of e-mail headers; collect responses from unsolicited bulk messages, falsify references to Petticoat Fair or the Service, by name or other identifier, in messages; impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity;
k. You shall not restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service (except for tools for safety and security functions), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
l. You shall not restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Petticoat Fair (or Petticoat Fair supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Petticoat Fair (or Petticoat Fair supplier) facilities used to deliver the Service; and
m. You shall not create or use any program, tags, markers, bots, mousetraps, highjackers or other similar computer routines or sub-routines to automatically access or manipulate the Service.

Because of the difficulty associated with quantifying damages, in addition to any other damages to which Petticoat Fair may be entitled, if actual damages cannot be reasonably calculated then you agree to pay Petticoat Fair liquidated damages of $250 for each violation of this Section 2 or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay Petticoat Fair’s actual damages, to the extent such actual damages can be reasonably calculated.

3. Eligibility
By using the Service, you represent and warrant that you (i) are at least 18 years old, (ii) are of legal age to form a binding contract, (iii) have not been removed or suspended from the Service by Petticoat Fair, and (iv) will only use the Service for purchases within the United States of America.

4. Account Obligations and Access
You are responsible for all activity occurring when the Service is accessed through your password and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Petticoat Fair immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Petticoat Fair immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you; (iii) notify Petticoat Fair when you no longer require access to the Service; (v) keep all of your profile information current; and (vi) . Where use of the Service is contingent on you accessing an “account” and/or inserting a “user-identification” and/or “password”, you agree that you will be solely responsible for the user-id and passwords that are provided to you (as such passwords may be changed from time to time in accordance with features of the Service) to log-in to the password protected Service. If non-authorized individuals have access to your systems or to your user-id and password, they may be able to use the Service. You shall keep any correspondence you receive relating to or through the use of the Service (including, but not limited to, your user-id, passwords, and other registration or sign-in information) confidential and in a safe place and not disclose it to any third party. You will be responsible and liable for all communications and actions that take place through the use of your user-id, including without limitation, any actions that occur without your authorization. Accordingly, it is your responsibility to take appropriate actions immediately if any password has been stolen, leaked, compromised or otherwise used without proper consent. You are also solely and exclusively responsible for providing and maintaining all computer hardware, telephone and other equipment necessary to operate the licensed Service and the internet service required to access the Service over the Internet. Petticoat Fair shall have no responsibility for the procurement, operation or compatibility of your hardware or capabilities of your internet service provider.
In addition, as a condition of your use of the Service, you acknowledge and agree that:
a. You shall not restrict or inhibit any other user from using and enjoying the Service;
b. You shall not post, upload, perform, or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation, any images or other material depicting persons with unclothed genitalia;
c. You shall not post, upload, perform, or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of scripts, sound waves or scrolling (repeating the same message over and over);
d. You shall not post, upload, create, or transmit any information, software or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or right holder;
e. You shall not post, upload, or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or phreaking;
f. You shall not solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
g. You shall not impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;
h. You shall not upload, post, email, transmit or otherwise make available any information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
i. You shall not provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization;
j. You shall not “stalk” or otherwise harass another; and
k. You shall not post, provide, or transmit any information constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

Petticoat Fair, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision.

5. Monitoring, Editing and Law Enforcement
Petticoat Fair may from time to time monitor, review, and in its discretion edit or delete anything on our Site, including messages, blogs, discussions, chats, and postings; however, Petticoat Fair is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, danger, illegality or inaccuracy contained in any information transmitted to any such locations on our Site. Petticoat Fair will cooperate with law enforcement or a court order requesting or directing Petticoat Fair to disclose the identity of anyone posting any information or material prohibited by this Agreement. Petticoat Fair may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of Petticoat Fair, its users, customers, or the public.

6. User Comments, Feedback and Other Submissions
All messages, blogs, postings, chats, discussions, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Petticoat Fair on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site or otherwise (collectively, “Posts”) shall be and remain Petticoat Fair’s property. Such disclosure, submission, or offer of any Posts shall constitute an assignment to Petticoat Fair of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Posts. Thus, Petticoat Fair will own exclusively all such rights, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any Posts. Petticoat Fair is and shall be under no obligation (1) to maintain any Posts in confidence; (2) to pay to user any compensation for any Posts; or (3) to respond to any Posts.

7. Intellectual Property Ownership
All right, title and interest in the Service, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to this Agreement, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Petticoat Fair or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Service constitutes a valuable trade secret and/or is the confidential information of Petticoat Fair or its licensors. Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Service, in whole or in part. All content and materials included as part of the Service, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the “Works”) are the property of Petticoat Fair or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and Petticoat Fair owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to this Agreement may cause Petticoat Fair and its licensors irreparable injury, which may not be remedied at law, and you agree that Petticoat Fair and its licensors; remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.

8. Trademarks
The Petticoat Fair name, logo, other related names, design marks, product names, feature names and related logos are trademarks of Petticoat Fair and may not be used, copied or imitated, in whole or in part, without the express prior written permission of Petticoat Fair. In addition, the look and feel of the Service (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of Petticoat Fair and may not be copied imitated or used, in whole or in part, without the express prior written permission of Petticoat Fair.

9. Term; Termination; Suspension of Service
The term of this Agreement commences on your first use of the Service and continues through any subsequent use of the Service thereafter. Any unauthorized use of the Service will be deemed a material breach of this Agreement. Petticoat Fair, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement or Petticoat Fair’s then-current payment or refund policies. In addition, Petticoat Fair may terminate a free account at any time in its sole discretion.

10. Representations & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, you must immediately stop using the Service.

11. Indemnification
You shall defend, indemnify and hold Petticoat Fair harmless from and against any and all losses, damages, liabilities, costs, judgments, charges and expenses, including reasonable attorneys fees, arising out of or relating to any act or omission by you with respect to (i) your use of the Service or (ii) your breach or violations of this Agreement.

12. Disclaimer of Warranties
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, (A) THE SERVICE IS PROVIDED “AS-IS” AND “WITH ALL FAULTS”, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PETTICOAT FAIR, INCLUDING ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUBCONTRACTORS, DISTRIBUTORS, SERVICES PARTNERS, AGENTS AND MARKETING PARTNERS) AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS (COLLECTIVELY, THE “PETTICOAT FAIR PARTY(IES)”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICE, OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND ACCURACY AND NON-INTERFERENCE; (B) NEITHER PETTICOAT FAIR NOR ANY PETTICOAT FAIR PARTY WARRANTS THAT (i) THE SERVICE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS, (ii) THE SERVICE WILL MEET YOUR REQUIREMENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; (C) YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH ERRORS OR VIRUSES ARE THE DIRECT RESULT OF PETTICOAT FAIR’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (D) PETTICOAT FAIR AND THE PETTICOAT FAIR PARTIES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE PRICING, DISCOUNTS, FEATURES, PRODUCTS, RESULTS OR OTHER INFORMATION OBTAINED, GENERATED OR OTHERWISE RECEIVED BY YOU FROM ACCESSING AND/OR USING THE SERVICE OR OTHERWISE RELATING TO THIS AGREEMENT, AND (E) USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND NEITHER PETTICOAT FAIR NOR ANY OF THE PETTICOAT FAIR PARTIES SHALL HAVE ANY LIABILITY OR RESPONSIBILITY THEREFOR.

13. Interruption of Service
YOU AGREE THAT THE OPERATION AND AVAILABILITY OF THE SYSTEMS USED FOR ACCESSING AND INTERACTING WITH THE SERVICE, INCLUDING, THE PUBLIC TELEPHONE, COMPUTER NETWORKS AND THE INTERNET OR TO TRANSMIT INFORMATION, WHETHER OR NOT SUPPLIED BY YOU OR PETTICOAT FAIR, CAN BE UNPREDICTABLE AND MAY, FROM TIME TO TIME, INTERFERE WITH OR PREVENT THE ACCESS TO AND/OR THE USE OR OPERATION OF THE SERVICE. NEITHER PETTICOAT FAIR NOR ANY OF THE PETTICOAT FAIR PARTIES SHALL BE LIABLE FOR ANY INTERFERENCE WITH OR PREVENTION OF YOUR ACCESS TO AND/OR USE OF THE SERVICE.

14. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL PETTICOAT FAIR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST TIME OR GOOD WILL, EVEN IF PETTICOAT FAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. PETTICOAT FAIR SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF PETTICOAT FAIR IN CONNECTION WITH THE SERVICE AND/OR THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, EXCEED THE AMOUNT OF THE PAYMENTS MADE TO PETTICOAT FAIR FOR THE SPECIFIC SERVICE(S) GIVING RISE TO SUCH CLAIM IN THE SIX (6) MONTHS PRIOR TO SUCH CLAIM. NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE SERVICE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE AND THAT, WITHOUT THESE LIMITATIONS, YOU WOULD HAVE PAID A HIGHER FEE FOR THE SERVICE PROVIDED HEREUNDER. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

15. Links
The Service may provide links to other Internet sites or resources. You acknowledge and agree that Petticoat Fair is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Petticoat Fair shall not be responsible or liable, directly or indirectly, for any damage or loss 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 or through any such site or resource.

16. Notice
Petticoat Fair may give notice by means of a general notice via the Service, electronic mail to your e-mail address on record in Petticoat Fair’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Petticoat Fair’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Petticoat Fair (such notice shall be deemed given when received by Petticoat Fair) at any time by any of the following: letter sent by confirmed facsimile to Petticoat Fair at the following fax number: (512) 454-3381; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Petticoat Fair, 7739 Northcross Drive, Suite M, Austin, TX, 78757, addressed to the attention of: President.

17. Modification to Terms
Petticoat Fair reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

18. Assignment; Change in Control
This Agreement may not be assigned by you without the prior written approval of Petticoat Fair but may be assigned without your consent by Petticoat Fair to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a Competitor of Petticoat Fair directly or indirectly owning or controlling 50% or more of you shall entitle Petticoat Fair to terminate this Agreement for cause immediately upon written notice.

19. General
a. This Agreement shall be governed by Texas law and controlling United States federal law, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service, with the exception of claims for injunctive relief, shall be subject to the exclusive jurisdiction of the state and federal courts located in Austin, Texas.
b. Any cause of action you may have with respect to your use of the Service must be commenced within one (1) year after the claim or cause of action arises.
c. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provisions shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provisions, with all other provisions remaining in full force and effect.
d. It may be necessary for Petticoat Fair to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Service or result in a partial or complete outage of the Service. Petticoat Fair provides no assurance that you will receive advance notification of such activities or that the Service will be uninterrupted or error-free. Any degradation or interruption in the Service shall not give rise to a refund or credit of any fees paid by you.
e. No joint venture, partnership, employment, or agency relationship exists between you and Petticoat Fair as a result of this agreement or use of the Service. The failure of Petticoat Fair to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Petticoat Fair in writing.
f. Neither party shall be liable to the other party for any failure to perform any of its obligations (except payment obligations) under this Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control including, but not limited to, fire, flood, war, embargo, strike, riot or the intervention of any governmental authority.
g. If you have not entered into another agreement with Petticoat Fair regarding the subject matter contained herein, then this Agreement comprises the entire agreement between you and Petticoat Fair and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding such subject matter. However, if you and Petticoat have entered into another agreement regarding the subject matter set forth herein that is a written and signed agreement between you and Petticoat Fair, then this Agreement should be read and interpreted in conjunction with such agreement and, in the event of a conflict between this Agreement and a written, signed agreement between the parties, the written, signed agreement shall govern and control.

20. Return Policy

We hope that you are satisfied with every garment you receive, but if not, simply return the garment in unworn condition, with tags attached, within 15 days of delivery and we will provide a refund or exchange. You will receive an email notification once your return/exchange is processed.

What items are returnable?

Any item in new condition, with tags attached, is available to return or exchange within 15 days of purchase except sale items and items that have been altered. All panties, swimwear and shapewear should be tried on over your own underwear. All items shipped back to us will be inspected and will not be accepted as returned if not in new condition. Swim bottoms and one piece suits must have the protective plastic liner still attached. Any items sent to us that are not returnable will be sent back to you at your expense.

We recommend that you do not wear perfume or deodorant when trying on your garments, as they can affect the”new” condition of the garment and it may no longer be accepted for return.

Sale items, altered items, and items not in new condition are final sale and are not returnable.

Who pays for shipping on returns/exchanges?

The first exchange ships free, both ways. You will find a prepaid exchange label in your package. Simply repackage your garment(s) in the original packaging, along with the exchange form, and tape the exchange label on the outside. We recommend you insure any package you send back to us. Your replacement item(s) will be shipped to you at no charge. For subsequent exchanges, the purchaser will be responsible for all shipping costs. For those shipments, $8.00 (plus tax, if applicable) will be charged when we mail the package and no prepaid label will be included.

For items returned for refund, you are responsible for shipping charges. You are welcome to use the prepaid exchange label and we will deduct the shipping amount of $8.00 (plus tax, if applicable) from your refund. Your original shipping fee will not be refunded.

Step-by-step Exchange Instructions

Step 1- Fill out the exchange form found with your original order.

Step 2- Repackage the item(s) you wish to ship back in the original packaging.

Step 3- Tape the prepaid exchange label to the outside of the package.

Step 4- Drop the package in the mail and send it back to us. We recommend you insure your package through USPS. You will receive an email notification when your exchange is processed. If this is the first exchange, you will not be charged shipping on the items you send back or the items for which you are exchanging. For all future exchanges you will be charged $8.00 (plus tax, if applicable) for each shipment we send and you are responsible for shipping charges on any package shipped to us.

Step-by-step Return for Refund Instructions

Step 1- Fill out the return form found with your original order.

Step 2- Repackage the item(s) you wish to ship back in the original packaging.

Step 3- Mail the package back to us at:

Petticoat Fair

Attn: Returns

7739 Northcross Drive, Suite M

Austin, TX 78757

If you would like to use the prepaid label you received with your original order, $8.00 (plus tax, if applicable) will be deducted from your refund. You are welcome to ship back using another carrier, but we encourage you to insure your shipment with any method, including the prepaid label. Original shipping charges will not be refunded.

Step 4- Drop the package in the mail and send it back to us. You will receive an email notification when your refund is processed.

Damaged items or Errors

If you receive the wrong items or damaged merchandise, we will provide a prepaid shipping label for you to send back the items and replace them promptly with no shipping costs to you.

Late returns or exchanges

If you wish to return or exchange items more than 15 days after delivery, we reserve the right to refuse the item(s).

Special Instructions

Please ship molded cup bras in a box, rather than an envelope. The cups can easily be damaged if not protected by a box, in which case they may not be considered in “new” condition.

Please call the store with any questions or concerns at 512-454-2900.

Questions or Additional Information:

If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to info@petticoatfair.com or call Petticoat Fair toll-free at (855) 467-8888.