Access and Use of the Platform
Platform Description: The Platform is designed for You to purchase goods from brands, retailers, or merchants (“Brands”) via Brand’s designated and authorized sellers (“Sellers”) virtual storefront.
Eligibility: If You are under 13 years of age, You are not authorized to use the Platform. In addition, if You are under 18 years old, You may use the Platform only with the express consent of Your parent or guardian, and You agree to provide true, accurate, current, and complete information as requested by Company to confirm such express consent.
Merchant of Record: Brands, and not Company, sell goods and products through the Platform and are the merchant of record for products sold to Users through the Platform. If You purchase any products through the Platform (for example, through a Seller’s virtual storefront), You are purchasing directly from those Brands, not from Company (even if Your payment is processed through Company’s third party payment processor). If a product offered through the Platform itself is not as described, Your sole remedy is to return it as set forth in the applicable Brands’ return and refund policies. Company is not responsible for examining or evaluating, and does not warrant, the offerings of any of these Brands. Further, Company does not guarantee the availability of any Brand products or offerings on the Platform and reserves the right to remove any such products from the Platform at any time. Company does not assume any responsibility or liability for the actions, product, or content of these or any other third parties.
Payments: To purchase products through the Platform, You will be required to provide information regarding Your credit card or other payment method as required by Company’s Payment Processor (defined below). You represent and warrant to the Company that such information You provide is true, accurate, complete, and current and that You are authorized to use such payment method. You will promptly update Your payment information with the Payment Processor in case of any changes (for example, a change in Your billing address or credit card expiration date) that may occur. You agree to pay the amount that is listed on the applicable order page in accordance with these Terms. Your purchases are subject to the Brand’s refund or return policies. If You dispute any charges or need to return goods You have purchased,You must contact the Brand’s customer service department directly. The Brands reserve the right to change prices for their products listed through the Platform at any time. You will be responsible for all taxes associated with the products purchased through the Platform.
Payment Processing: To facilitate payment through the Services, the Company uses the services of Stripe Connect, a third-party payment processor (“Payment Processor”). The processing of payments will be subject to the terms, conditions and privacy policy of the Payment Processor, and You are responsible for ensuring compliance with the same, including any fees or charges imposed by the Payment Processor. These terms, conditions, and policies are available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Payment Processor Agreements"). By agreeing to these Terms, You agree to be bound by the Payment Processor Agreements, as the same may be modified by the Payment Processor from time to time. You hereby authorize the Payment Processor to store and bill Your specified payment method until payment in full is received for the transaction(s) You authorize through the Platform. Please contact the Payment Processor for more information. We assume no liability or responsibility for any payments You make through the Services. The Company reserves the right to change its providers of Third-Party Services, including third-party payment processor(s), at any time. You hereby acknowledge and recognize the Company does not operate or act as a payment processor and does not directly handle Your financial transaction.
Shipping, Refunds and Cancellations: Your purchases made through the Platform are fulfilled by Brands and not Company and are subject to the shipping, return and refund policies of the applicable Brand. We are not responsible for any shipping delays or other errors with delivery. Payments made by You hereunder are final and non-refundable, unless otherwise determined by Company, permitted by the applicable Brands’ return or refund policies, or applicable law requires otherwise. Under no circumstances is the Company obligated to accept any return or provide any refund to You for any purchase You make through the Platform. All return or refund requests are handled exclusively between You and the applicable Brand. For any shipping, refunds, and cancellation questions, You must contact the customer service department of the applicable Brand. You hereby fully release and discharge the Company of any claim or liability resulting from the goods or products of Brands purchased through the Platform.
Termination: You agree that Company, in its sole discretion, may suspend or terminate Your access to or use of the Platform and remove and discard any content within the Platform, for any reason, including for lack of use or if Company believes that You have violated or acted inconsistently with the letter or spirit of these Terms of Platform. Any suspected fraudulent, abusive, or illegal activity that may be grounds for suspension or termination of Your use of the Platform, may be referred to appropriate law enforcement authorities. Company may also in its sole discretion and at any time discontinue providing the Platform, or any part thereof, with or without notice. You agree that any suspension or termination of Your access to or use of the Platform under any provision of these Terms of Platform may be affected without prior notice. Further, You agree that Company will not be liable to You or any third party for any suspension or termination of Your access to or use of the Platform.
User Disputes: You agree that You are solely responsible for Your interactions with any other User, Brand, or Seller in connection with the Platform, and Company will have no liability or responsibility with respect thereto. Company reserves the right, but has no obligation, to become involved in any way with disputes between You and any other user of the Platform (including Brands and Sellers).
Notice for California Users
Under California Civil Code Section 1789.3, users of the Platform from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at Penny AI Technologies, Inc., 548 Market St PMB 65915, San Francisco, CA, 94104, United States.