Terms of Service

Terms of Service for Peach Pocket LLC

1. Agreement Overview

This Terms of Service Agreement (the “Agreement”) applies to all visitors and users of the Peach Pocket LLC website, https://www.peachpocket.com (the “Website”), including related social media platforms such as Facebook, Instagram, Pinterest, Twitter, YouTube, and TikTok. By using the Website, you agree to the terms outlined in this Agreement. If you do not agree with any terms, please do not use the Website.

2. Proprietary Notices and Updates

The Website may contain proprietary notices and copyright information, which must be observed. Information on the Website may contain inaccuracies or typographical errors. Product pricing and availability may change without notice. Peach Pocket LLC reserves the right to refuse service, terminate accounts, and cancel orders at its discretion, especially if it believes that a customer's actions violate applicable laws or harm its interests.

3. Eligibility

By using the Website, you confirm that you are at least 13 years old. If you are between 13 and 18, you must use the Website with the consent and assistance of a parent or legal guardian. You are responsible for ensuring your use of the Website complies with all applicable laws.

4. Amendments to the Agreement

Peach Pocket LLC reserves the right to modify or amend any part of this Agreement at its sole discretion without prior notice.

5. Termination of Access

Peach Pocket LLC may terminate access to the Website for any user, with or without cause, at its discretion.

6. Trademarks

The Website and all associated graphics, headers, and icons are service marks, trademarks, and/or trade dress of Peach Pocket LLC. They may not be used with any product or service not offered by Peach Pocket LLC without permission.

7. Privacy Policy

Peach Pocket LLC may collect personal information from users when visiting the Website, subscribing to newsletters, filling out forms, and through other activities. Data may be submitted by users or collected automatically. Peach Pocket LLC may use content shared by users on social media platforms.

8. Sharing Pictures and Videos

By sharing photos and videos through the Website and social media platforms, you authorize Peach Pocket LLC to use them on the Website, social media, or in physical locations.

9. No Expectation of Privacy

Users may visit the Website anonymously, but there is no expectation of privacy for submitted information, except for payment details. Users assume responsibility for third-party data they share on the Website.

10. Website Use

Peach Pocket LLC owns all rights to the Website, including content, code, data, materials, design, and organization. Users are not granted ownership of any content and must not use, modify, reproduce, distribute, or exploit any content without prior permission.

11. Submitted Content

Users must only submit content they own or are authorized to use. Submitted content may be used, reproduced, shared, and modified by Peach Pocket LLC without compensation.

12. Prohibited Activities

Users must not:

  • Submit false, defamatory, objectionable, or illegal content
  • Impersonate others
  • Misrepresent affiliations
  • Attempt unauthorized access to systems
  • Use the Website unlawfully or harmfully
  • Exploit or harm minors
  • Send unsolicited promotional material
  • Restrict others' use of the Website
  • Use bots or scraping technology
  • Launch attacks or breaches

13. Third-Party Content and Websites

Peach Pocket LLC may provide third-party content or links for informational purposes. It does not control or endorse third-party content or websites and is not responsible for their accuracy or updating.

14. Products and Services

Products and services on the Website are in U.S. Dollars. Additional charges may apply for delivery and taxes. Products must be used according to instructions and precautions. The Website does not provide medical advice; consult healthcare providers for medical concerns.

15. Payments and Billing

Users must provide up-to-date payment information for purchases. Peach Pocket LLC may use third-party services for payments and reserves the right to cancel orders.

16. Shipping and Delivery

Peach Pocket LLC ships to U.S. locations and territories. Risk of loss and title pass to the user upon delivery to the shipping carrier.

17. Sales Tax

Sales tax is charged based on the applicable state rate and shipping location.

18. Return Policy

Products can be returned or exchanged within 30 days of purchase, except for gift cards, which are final sale. Refunds are processed within 10 business days. Return policies may change without notice.

19. Warranties and Disclaimers

The Website content is subject to change without notice. Peach Pocket LLC disclaims all warranties regarding the Website and its content. Services and products are provided "as is" without warranties.

20. Inaccuracies and Errors

The Website content may contain errors. Peach Pocket LLC does not guarantee accuracy and advises verifying information with product or service providers.

21. Liability Disclaimer

Peach Pocket LLC is not liable for any damages arising from the use of the Website or related platforms.

22. Indemnification

Users agree to defend and indemnify Peach Pocket LLC from claims, losses, liabilities, costs, and damages arising from misuse of the Website, violation of the Agreement, or violation of laws or third-party rights.

23. Void Where Prohibited

Products and services may not be available in all locations. Offers are void where prohibited by law.

24. Legal Notices

Notices from Peach Pocket LLC will be posted on the Website and are deemed delivered within 30 days. Notices to Peach Pocket LLC must be sent by first-class mail to 1401 Sawgrass Corporate Parkway, Sunrise, Florida, 33323.

25. No Waiver

Failure to enforce any provision of the Agreement does not waive Peach Pocket LLC's rights.

26. Governing Law

Florida law governs the Agreement. Both parties consent to the jurisdiction of Florida courts or the U.S. District Court for the Southern District of Florida. Jury trials are waived.

27. Severability

If any provision is found invalid, illegal, or unenforceable, it will be modified to be enforceable. The remaining provisions remain in effect.

28. Entire Agreement

This Agreement constitutes the entire agreement between you and Peach Pocket LLC regarding the Website. It supersedes all prior communications. Modifications must be authorized by Peach Pocket LLC.

29. Arbitration and Class Action Waiver

Disputes are to be resolved through arbitration managed by the American Arbitration Association. Users waive the right to class actions or consolidated proceedings. Arbitration is binding and not subject to trial by jury.

If a dispute cannot be resolved directly, binding arbitration will be used. Arbitration rules and procedures will follow AAA guidelines.

For claims under $10,000, hearings may be conducted by phone. For claims over $10,000, AAA guidelines will be followed. Arbitrators can provide written decisions, and courts can confirm arbitration outcomes.

 

SMS Marketing Terms and Conditions 

1. Consent 

By providing your phone number, you consent to receive SMS messages from us regarding promotions, product updates, and other relevant information. You acknowledge that consent to receive these messages is not a condition of any purchase.

2. Opting Out

You can opt out of receiving SMS messages at any time by replying "STOP" to any message you receive from us. After opting out, you may receive one final message confirming your opt-out request.

3. Frequency

The number of SMS messages we send will vary based on your interaction with us and our marketing campaigns. Typically, you may receive up to 4 messages per month.

4. Costs

Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

5. Supported Carriers

SMS messages may be sent using automated technology. Our messages can be delivered via supported carriers including, but not limited to, AT&T, Verizon, T-Mobile, Sprint, and others. However, our SMS service may not be compatible with all mobile carriers.

6. Privacy

We respect your privacy and will use your phone number only for the purposes outlined in these terms and conditions. We will not share your phone number with third parties without your consent, except as required by law.

7. Disclaimer

We are not responsible for any delays in the receipt of any SMS messages. Delivery is subject to effective transmission from your network operator.

8. Modifications

We reserve the right to modify these SMS marketing terms and conditions at any time. Any changes will be effective immediately upon posting to our website. Your continued receipt of SMS messages from us will signify your acceptance of these changes.

By providing your phone number and opting into our SMS marketing program, you agree to these terms and conditions.

Privacy Policy

Shipping Policy

Refund Policy