Terms & Conditions
Last updated: April 21, 2018
1. IN GENERAL
Welcome to the AVANCEBYPCI.COM Website and co-branded versions of the Website located at URLs that resolve to the domain name AVANCEBYPCI.COM (the “Website”). Your use of our Website is subject to the terms and conditions of use set forth below (these “Terms”).
These Terms constitute a binding agreement between you (“you”) and PATHWAYS TO CREATIVE INDUSTRIES, P.B.C., a Delaware Public Benefit Corporation with its principal address at 8 The Green, STE B Dover , DE 19901 selling its products under the brand name of AVANCE BY PCI (“we” or “PCI”), in relation to your use of the Website, the products offered and sold through this Website, and any orders you place through the Website (together, the “PCI Services”).
PLEASE DO READ THESE TERMS CAREFULLY BEFORE USING AND/OR PLACING AN ORDER FROM THIS WEBSITE.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEBSITE, OR PLACE AN ORDER FROM THE WEBSITE.
We may update these Terms and from time to time. When we do so, we will let you know either by posting the updated Terms on the Website or through other communications, including via e-mail.
IT IS IMPORTANT THAT YOU REVIEW THE TERMS WHENEVER WE UPDATE THEM OR YOU USE THE PCI SERVICES.
IF YOU CONTINUE TO USE THE SERVICES AFTER WE HAVE POSTED UPDATED TERMS, YOU ARE AGREEING TO BE BOUND BY THE UPDATED TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE UPDATED TERMS, THEN YOU MAY NOT USE THE PCI SERVICES ANYMORE.
We last updated these Terms on April 21, 2018.
2. ABOUT AVANCE BY PCI
We are a fashion brand that supports underserved youth, primarily in low income communities access creative careers.
3. YOUR USE OF OUR WEBSITE
By using the Website you agree that:
a) You may only use the Website to learn about products we provide and to make legitimate inquiries or orders. You may not, however, use this Website to make any false, fraudulent, or speculative orders or to engage in any behavior that is designed to damage our brand or distort the proper operation of our company. If we reasonably believe that such an order has been made or such a behavior has occurred, we shall have the right to cancel the order and/or inform the relevant authorities.
c) You will not interfere or try to interfere in any way with the Website, our networks or their security. You will also not attempt to use the Website’s service to gain unauthorized access to any other computer system.
d) You will not use the Website to communicate, transmit, or post material that infringes on the intellectual property, privacy or publicity right of us or another person or entity. Further, you will note use the Website to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, state, national or international law or regulation.
e) By placing an order through the Website, you represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
4. SERVICE AVAILABILITY
We only deliver our products to residents of the United States.
5. HOW PURCHASE CONTRACTS ARE FORMED
Purchase contracts (“Contracts”) with regard to our products offered on the Website are formed when we accept your order, as explained below.
First, you will be required to follow the shopping process online and finalize your payment to place you order. Once that happens, we will send you an e-mail acknowledging that we have received your order (the “Order Confirmation”). Your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us. We will confirm our acceptance of your order by sending you e-mail confirming that the product has been dispatched (the “Shipment Confirmation”). We will not be bound to supply any products if the dispatch of them has not been confirmed by a Shipment Confirmation. If we do not accept your order and funds have already been deducted from your account, we will refund the funds to will be fully refunded.
6. REFUSAL OF ORDER
We have the right to withdraw any product from this Website at any time. Accordingly, we may also remove or edit any content on this Website.
We will take reasonable efforts to process all orders. However, in exceptional circumstances we may need to refuse to process an order even after we have sent you an Order Confirmation. We have the right to do at any time, at our sole discretion.
We will not be liable to you or any other third party by reason of our withdrawing any product from this Website, whether it has been sold or not, removing or editing any contents on this Website or for refusing to process or accept an order after we have sent you the Order Confirmation.
7. AVAILABILITY OF PRODUCTS
All orders for products are subject to availability. In case the products that you have ordered are not available, we will provide you with information on substitute products. If you do not wish to order such substitute products, we will refund any monies that you might have paid.
8. REFUNDS AND RETURNS
You have 30 days to decide if a product is right for you. PCI will refund or exchange a product, provided that it has not been damaged, soiled, washed, altered or worn and that all labels and tags are attached. You should also include all of the products instructions, documents and wrappings. Any product which is damaged or not in the same condition as you received it will not be refunded. You should therefore take reasonable care of the product(s) while they are in your possession.
You shall receive a full refund of the price paid for the product(s). Refunds will be credited to your original method of payment.
You will not have any right to cancel a Contract for the supply of any of the following products:
a) Customized items.
b) Underwear or swimwear, unless they are of unsatisfactory quality or unfit for purpose.
Orders should be delivered within 7 to 10 business days following your receipt of the Order Confirmation. Please allow up to 2 additional days for rural zip codes. Please note that during high season and sale, delivery might take a little longer.
Shipping is available within the US and standard orders can be delivered to P.O. boxes. We also ship standard orders to US Territories, Alaska, Hawaii and APO/FPO/DPO addresses (at no additional shipping cost), which requires additional time for delivery and may be subject to delivery restrictions based on the item type, weight and size.
If you decide to pick up your order in our store, you will be required to show an official identification and/or your Order Confirmation.
10. INABILITY TO DELIVER
If we are unable to deliver the products, we will try to find a safe secure place to leave your parcel. Please note that an order can be delivered, upon judgment of the driver, to your neighbor, in case a delivery attempt is unsuccessful. Signature required orders which cannot be delivered will be returned to us.
11. RISK AND TITLE
The product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as described above), whichever occurs later.
12. PRICE AND PAYMENT
The price of the products shall be the one quoted from time to time on our Website, unless there is an apparent error. We strive to make sure that all prices quoted on our Website are accurate. Nevertheless, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as practicable. You will have the option either to reconfirm the order at the correct price or cancel it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund.
We are under no obligation to sell the product(s) to you at the incorrect (lower) price if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. This applies also to situations in which we have already sent you a Shipment Confirmation.
Our prices listed on the Website do NOT include shipping charges and sales tax (if applicable). Consequently, the total cost of every order for you is the price of the product(s) ordered plus the delivery charge and sales tax (if applicable). Any potential changes to our prices will not affect any order for which an Order Confirmation has been already sent, therefore price adjustments on previous orders are not permitted. This does not apply, as explained above, to cases of obvious pricing errors.
We follow all applicable sales tax regulations for the jurisdictions where we do business. Sales tax is charged (if applicable) based on the shipping address of your order.
Payment can be made by debit or credit cards currently operated by our payment system. Upon receiving your order, we will make a pre-authorization on your card to ensure there are enough funds to complete the transaction. The amount of the purchase will not be charged to your card until your order has been shipped to the delivery address. By authorizing the payment to us via our Website, you are confirming that the debit or credit card is yours. Cards are subject to validation checks and authorization by your Card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
13. RETURNS/EXCHANGES POLICY
As stated above, you have 30 days to decide whether a product is right for you. If you wish to return a product within that period, you can send it back to us or return it to any of our stores.
Returns in store are free. Make sure, however, to bring with you the Packing Slip and the debit or credit card used for your purchase.
When returning products by mail, make sure that your package includes a Return Form. You may send your products by mail via USPS. For that purpose, we will provide you with a return label that is pre-paid and pre-addressed. The return shipping fee will automatically be deducted from your refund. You may also use any other carrier to deliver your product to us. We recommend, however, that you use a traceable carrier (e.g. USPS, UPS or FedEx). If you mail in your return, we will send an email confirmation once we receive your product(s). Please note that we are not responsible for your return until it is delivered to us and that you are responsible for shipping costs.
Your refund will be issued to the same credit card you used for the original purchase. Shipping and handling costs are not refundable.
RETURNS OF DEFECTIVE PRODUCTS
In circumstances where you consider that the product does not conform to your order, you should promptly contact us via our web form at avancebypci.com with details of the product and its damage.
You may return the defective product either by bringing it to our store or by sending it by mail. Upon receipt of the returned product, we will fully examine it and notify you of your right to a replacement or refund (if any) via e-mail within a reasonable period of time. We aim to process the refund or replacement as soon as possible.
In case of existence of any defect, defective products will be refunded in full, including a refund of the delivery charges and any reasonable costs incurred by you in returning the item. Your refund will be issued to the same credit card you used for the original purchase.
If you wish to exchange an item by mail, follow the return procedure for your old product(s) and the order procedure for the new one(s). The return and order transactions will be processed as two separate transactions through your account.
You may cancel your order any time before we send you a Shipment Confirmation.
14. LIABILITY AND DISCLAIMERS
Our liability in connection with any product purchased through our Website is strictly limited to the purchase price of that product (shipping cost and sales tax excluded).
We publish information on our Website as a convenience to you. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Website at any time without notice. The products described in the Website may not be available in your region. We do not claim that the information in this Website is appropriate to your jurisdiction or that the products described in this Website will be available for purchase in all jurisdictions.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE WEBSITE, WHICH IS PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE WEBSITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE WEBSITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
We make no warranties of any kind regarding any non-PCI websites to which you may be directed or hyperlinked from this Website. Hyperlinks, if any, are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-PCI websites. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Website.
IN NO EVENT SHALL PCI, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF PCI OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Due to the open nature of this Website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this Website unless otherwise expressly set out on this Website.
To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.
15. INTELLECTUAL PROPERTY
The Website, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, the “Materials”), is PCI property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the Website or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Website in whole or in part, for any public or commercial purpose without the specific prior written permission of PCI. We grant you a personal, limited, non-exclusive, non-transferable license to access the Website and to use the information and services contained on the Website.
We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Website and to terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, the Materials on the Website as well as features and/or hours of availability of the Website, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Website or restrict your access to part, or all, of the Website without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
As between you and PCI (or any other company whose marks appear on the Website), PCI (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Website, and is the copyright owner or licensee of the Materials on the Website, unless otherwise indicated. The PCI logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “PCI Intellectual Property”) are owned by PCI and may be registered in the United States and internationally. You agree not to display or use the PCI Intellectual Property in any manner without PCI’s prior permission. Nothing on the Website should be construed to grant any license or right to use any PCI Intellectual Property without the prior written consent of PCI.
Except as otherwise provided herein, use of the Website does not grant you a license to any Materials or features you may access on the Website and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials, features or materials, in whole or in part. Any commercial use of the Website is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials or screens for any purpose except as otherwise provided by PCI. If you make use of the Website, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Website including, without limitation, all Website design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law. This does not prevent you from using this Website to the extent necessary to make a copy of any order.
You agree to defend, indemnify and hold PCI, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Website, your violation of the Terms or the posting or transmission of any materials on or through the Website by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
17. WRITTEN COMMUNICATIONS
When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
18. REGISTRATION, PASSWORDS, AND SECURITY
You are responsible for the personal protection and security of any password or username that you may use to access the Website. You are responsible for all activity conducted on the Website that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to us.
If you believe someone has used your password or account without your authorization, you must notify Customer Service immediately. We reserve the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests.
19. POSTED CONTENT
From time to time, we may allow users of this Website to post comments, suggestions, ideas, materials and other submissions (“User Comments”) on the Website. These User Comments are provided on a non-confidential basis and, by submitting User Comments, you are granting us an irrevocable and unrestricted license to fully exploit such User Comments. You agree that no User Comments submitted by you to the Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no User Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any User Comments you make.
Although User Comments may be posted on the Website, the posting of those submissions does not constitute our endorsement of such User Comments. We are not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death made in connection with User Comments. We reserve the right to remove any User Comments that we deem to be in violation of the above.
All notices given by you to us should be given to us preferably via our web form avancebypci.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order.
Notice will be deemed received and properly served:
a) immediately when posted on our Website,
b) twenty-four (24) hours after an e-mail is sent, or
c) three (3) days after the date of posting of any letter.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e- mail that such e-mail was sent to the specified e-mail address of the addressee.
21. BINDING NATURE; ASSIGNMENT
22. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a “Force Majeure Event”). A Force Majeure Event shall include any act, event, non- happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
a) Strikes, lock-outs or other industrial action;
b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e) Impossibility of the use of public or private telecommunications networks;
f) The acts, decrees, legislation, regulations or restrictions of any government;
g) Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
23. WAIVER OF RIGHTS
No failure of PCI to enforce any of its rights or remedies under these Terms will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of the clause on Notices above.
If any of these Terms or any provisions of an order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
25. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of these Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and us acknowledge that, in entering into these Terms, neither you nor us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Terms, except as expressly stated in these Terms.
26. LAW AND JURISDICTION
Any disputes, actions or proceedings relating to this Agreement or your access to or use of the Website must be brought in the Federal or state courts of the State of New York and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
PCI makes no claim that the Website may be lawfully viewed or that content may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of the jurisdiction.
28. QUESTIONS AND FEEDBACK
We welcome your questions, comments, and feedback. Please send all questions, comments, and feedback to us avancebypci.com.