Terms & Conditions

PowerPointz grants you access to its websites, accessible via www.powerpointz.com/shop (the “site”) or App, conditioned on your acceptance of the terms, conditions and notices contained herein (these “terms of use”). For the purposes of these terms of use, “content” means, collectively, any text, images, graphics, software, source code, applications, specifications, audio files, videos, articles, trademarks, logos and other information or content available through the site & APP that are not submissions (as that term is defined below), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content.

ACCEPTANCE OF TERMS

Please read these terms of use and POWERPOINTZ' privacy policy carefully. By using the site & APP, you agree to these terms of use, and you consent to the collection, use and disclosure of information as described in these terms of use and our privacy policy. If you do not agree to these terms of use and the terms and conditions of our privacy policy, you must exit the site immediately and discontinue any use of the sites and any of their content. Your use of the sites shall be deemed to be your agreement to abide by each of the terms set forth below. POWERPOINTZ can change these terms at any time by posting updated terms of use on the sites or by sending registered users an email notice of the changes. If any modification is unacceptable to you, you shall cease using the sites. If you do not cease using these sites, you will be deemed to have accepted the change. These terms of use do not alter in any way the terms or conditions of any other agreement you may have with POWERPOINTZ or its affiliates for other products or services. You are also subject to the POWERPOINTZ's privacy policy.

These terms of use were updated as of December 1, 2020.

USE & RESTRICTIONS

The sites may be accessed and used only by individuals who can form legally binding contracts under Bahamas laws, who are 18 years of age or older, and who are not barred from using the sites under applicable laws. You may access and use the sites only in accordance with all applicable laws and regulations and with these terms of use. You acknowledge and agree that Evolve Clothing Gallery POWERPOINTZ, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the sites.

Any unauthorized use of the sites will terminate the permission or license granted by these terms of use, will result in you being barred from use of the site.

The content and the site, as well as the selection and arrangement thereof, are the sole property of POWERPOINTZ and/or its licensors and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these terms of use or with express written consent. Other than as necessary for your use of the site in accordance with these terms of use, PowerPointz grants no other privileges or rights in the content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the content. Any content owned by PowerPointz licensors may be subject to additional restrictions. Except as expressly provided in these terms of use, no part of the site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without PowerPointz express prior written consent.

TRADEMARK

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “marks”) that appear on the site are proprietary to PowerPointz/Capital City Marketing or such marks’ respective owners.

In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of PowerPointz/Capital City Marketing or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission.

YOUR ACCOUNT

In order to purchase products or services through the use of the site, you can establish an account with PowerPointz. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer/mobile device and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the site that occur under your account or your account password.

You acknowledge and agree that PowerPointz may access, preserve, and disclose your account information, all submissions (as defined below), all communications to and from you, all information relating to your use of the site, and all information relating to the use of the site under your account or account password if PowerPointz/Capital City Marketing is required to do so by law or legal process or if PPEC determines, in its sole discretion, that such action is necessary to protect the rights of its entity, third parties, and other users of the site or for purposes of responding to your request for customer service. PowerPointz's right to disclose any such information shall govern over any terms of our privacy policy.

TERMS OF SALE

All product sales from the site are governed by any terms of sale that may be posted on the site. You should refer to our contact page to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale(of the individual merchant). The terms of sale are subject to change without prior notice at any time, in the merchant's sole discretion so you should review the terms of sale each time you make a purchase.

ELECTRONIC COMMUNICATIONS

You consent to receive electronic communications from PowerPointz either in the form of email sent to you at the email address listed on your account or by communications posted on the site. You acknowledge and agree that any electronic communication in the form of such email or posting on the site shall satisfy any legal requirement that such communication be in writing.

MODIFICATIONS

Any content offered or posted on the site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, PowerPointz reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or content offered through the site, at any time and from time to time.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless PowerPointz/Capital City Marketing, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) arising out of your account, your use of the site, and your submissions and any personal rights contained therein.

WARRANTIES & DISCLAIMERS

The site, submissions and any content provided via the site, including links, are provided on an “as is” and “as available” basis with no warranty of any kind. To the maximum extent permitted by law, PowerPointz disclaims all representations, warranties and conditions, express or implied, with respect to the site, submissions, the content and any products or services, including, without limitation, warranties or conditions of merchantable quality, merchantability, durability, fitness for a particular purpose, title, non-infringement, freedom from errors, omissions, computer viruses or other malicious or unauthorized code or programs, and implied warranties or conditions arising from course of dealing or course of performance.

In addition, the site may contain typographical errors or inaccuracies and may not be complete or current. PowerPointz therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and to the extent permitted by Bahamas law, PPEC reserves the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

In addition, if an item becomes unavailable for whatever reason after an order is accepted, the merchant may terminate the order by giving you written notice. In such event, the merchant will contact you to arrange for a refund or provision of credit against future purchase. We apologize for any inconvenience.

LIMITATION OF LIABILITY

Evolve Clothing Gallery and its parent, affiliates, subsidiaries, officers, directors, employees, agents, suppliers, licensors and third party partners will not be liable for any indirect, special, punitive, incidental, exemplary, multiplied or consequential damages, lost profits or revenues or failure to realize expected savings, or any damages whatsoever, whether or not such party has been previously advised of the possibility of such damages, whether under contract, tort (including negligence) or any other theory, including, without limitation, arising out of or in connection with any loss or other damages in connection with any unavailability or nonperformance of the site, errors, omissions, viruses and malicious code. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy.

Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

COPYRIGHT & TRADEMARK INFRINGMENTS

Notification: Capital City Marketing/PowerPointz respects the intellectual property rights of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, terminate service and/or access to the site for users who infringe the intellectual property rights of others.

GOVERNING LAW

All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the site and/or the content must and will be venued exclusively in Nassau, Bahamas.

MISCELLANEOUS

If any provision of these terms of use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these terms of use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. The official language of these terms of use exclusively shall be, and all communications and agreements exclusively shall be made in, the English language.

7. Privacy statement to appear on Privacy Policy page and check out- see the attached

8. Return/Refund Policy to appear as part of the description and at check out. Customer must accept/Acknowledgement.

RETURNS & EXCHANGES

Online returns are easy. If for any reason you are unhappy with an item that you purchased from our site you may contact the merchant directly and unique merchant policies will apply. All returns must be authorized by the individual merchants, and must be received within the time period specified by them. All products returned must be in original unused condition, without any tags removed. Products returned damaged, worn or altered may not be accepted and may be sent back to the customer. All charges related to shipping are your responsibility and are non-refundable. Payment of VAT/ tax charges is still the responsibility of the customer (where applicable). Select items are not eligible for store credit returns, including but not limited to jewelry and eyewear and other items at the discretion of the individual merchant. All items sold at a discounted price will be considered as final sale. All returns and exchanges must be accompanied by a receipt. PowerPointz merchants reserve the right to refuse any returns at any time. All canceled orders are subject to a restocking fee

. 9. Order Confirmation page statement advising card holder to retain cc of transaction( you have details of what should be included)

10. SSL must be visible on home page