Terms & Conditions
By making a purchase on this web site, you agree to, & confirm the review of, the following terms & conditions. This is a binding contract between the user and owner of this site:
The following Terms and Conditions apply to the use of this web site as well as all transactions conducted through the site.
All content appearing on this web site is the property of:
MDW Innovations LLC, PouchWear LLC and PouchWear at Ostomy Bag Holder, 2554 W. 16th St Ste 136 Yuma, AZ 85364 Copyright © 2010-2020 PouchWear. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2010-2020 PouchWear & Ostomy Bag Holder. All rights reserved.
All brand, product, service, and process names appearing on this web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by PouchWear or Ostomy Bag Holder. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Ostomy Bag Holder and PouchWear, or any third party, except as expressly granted herein.
VALIDITY OF CONTRACT
By making a purchase on this web site, the following agreement between the buyer (you) and PouchWear is a legally binding agreement. Purchase of products from the site implies & confirms that all relevant information (i.e. shipping & tailoring time frames & policies, measuring instructions, product applications & functions, available product options & preferences, & site terms & conditions) have been reviewed & agreed upon. As soon as the order has been placed by you, PouchWear will send out a confirmation email to the email address stated in your customer profile. It is your responsibility to provide a functioning address, accurate measurements & preferences as acquired using the measuring guides/information, and to check the order confirmation thoroughly for possible errors. It is important that you contact us immediately, in writing, via email: firstname.lastname@example.org, in the event you wish to change or correct any details in, or to cancel, your order. Cancellations must be processed in accordance to the cancellation policy noted in these terms. Once materials & templates for a custom-made item have been cut (i.e. production has started), approximately 3 days after purchase, and immediately for rush orders, no further changes can be applied. All time frames, standard, rush, or otherwise, are noted as an average since demand & materials can sometimes increase/decrease the time needed; up to 30 days. Since all items are made in-house, delays may include material, tailor, machinery, or dispatching delays. All time frames are noted as business days, which are Monday through Friday, 9:00AM to 5:00PM Arizona time, and do not include weekends, U.S. holidays, or days when the office is closed.
While you are purchasing products, we are offering a tailoring service; we build the product from scratch to fit the information noted on the order invoice. Payment is initially collected, for the services we provide, the materials that we prepare, and to reserve your place in the manufacturing process. Once the product(s) complete the manufacturing, quality control, and packaging process, the order will ship using the shipping method chosen during checkout. Information about the status of the order is accessible via the customer's account at any time. As soon as the order has been shipped, a confirmation email containing possible tracking information is sent. Upon the completion & dispatching of the goods to the customer, the contract is regarded as concluded. Any attempt to abuse our services, which include but are not limited to, fraudulent claims, rejection of policies, intentional or malicious damage of goods, etc. will be prosecuted to the maximum extent possible under applicable law.
Rush manufacturing options are available to reduce the time frames required to complete the custom tailoring process. All invoiced items must contain the same rush manufacturing option to apply, otherwise, the order will be processed with the standard manufacturing time frame and the rush manufacturing fees will be credited to your store account. Due to the nature of the products, the customization, and possible unforeseeable delays, rush manufacturing services cannot be guaranteed. All current rush manufacturing options can be reviewed on the product pages and measuring guide pages.
If we are unable to meet the requested rush manufacturing time frames, the next time frame is applied, and the difference is credited to your store account. If preferring your credit be placed back to your original payment method, the rush would be fully cancelled, and the order processed with the standard manufacturing time frames noted at the time of purchase; this change must be submitted in writing, via email: email@example.com, prior to the order being processed & shipped to apply. Rush orders, or orders that have completed manufacturing, are awaiting pick-up for shipping, or that have shipped, cannot be cancelled &/or modified.
SHIPPING & DELIVERY
At this time, PouchWear ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, PouchWear ships merchandise to Canada and Mexico, and all other international locations. The risk of loss and title for all merchandise ordered on this web site pass to you when the merchandise is in the shipping carrier’s possession, USPS. Customs and import duties may be applied to International orders when the shipment reaches its destination. Any fees/duties imposed by those customs agencies are not associated with PouchWear and such charges are the responsibility of the recipient of the order, which can vary from country to country. Contact your local customs office for details. PouchWear is not responsible for any delays, damages, or fees due to customs, and will not be held responsible for packages lost or delayed due to incorrect shipping information or location information being provided.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. PouchWear is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices or shipping delays. Additional information about shipping to include time frames and possible international fees can be located on the Shipping web page.
Custom orders can be cancelled for a full refund within five days of placing the order, or after the required manufacturing time frames. Rush orders are considered final and can only be cancelled after the requested manufacturing time frames. All orders, including orders with rush manufacturing, can be cancelled after the noted estimated time frames, without incurring a service fee. Standard and rush orders that have completed manufacturing, are awaiting pick-up for shipping, or that have shipped, cannot be cancelled.
Cancellation of any custom-tailored items, standard or rush, after the alotted time frames, will incur a deduction of refund, in the amount of 25% of the order total, for services rendered. Services rendered may include, but are not limited to, labor, cutting & gathering templates & materials, and any initiated sewing &/or modification to said materials.
All cancellations must be submitted in writing, either via email: firstname.lastname@example.org, or via mail: PouchWear 2554 W 16th Street Suite 136 Yuma, AZ 85364. Cancellation requests made via mail must arrive prior to the order being completed, awaiting pick-up, or having shipped. It is the customer's sole responsibility to ensure that the request is submitted appropriately, and that all applicable information is provided, to process a successful cancellation of an order within the policies outlined herein. All successful cancellations will be confirmed via email and are not considered cancelled until that confirmation is submitted to the customer. Disputes, charge-backs, or package/shipment refusals will incur additional service or administrative fees if the cancellation policy has not been initiated. You accept responsibility for any fees incurred, or litigations initiated, to satisfy the policies agreed to within this binding contract.
You may purchase merchandise from this web site by using any one of the payment options listed. PouchWear reserves the right to change its payment procedures at any time without prior notice to you. Because all products, in the Premium Custom Collection, are custom made per your order specifications and due to the nature of the products sold, ALL SALES OF CUSTOM TAILORED ITEMS ARE FINAL and cannot be returned. These orders are non-returnable & non-refundable for any reason. No replacement or return will be possible except: if an item is defective, it will be exchanged for another one of the same or, modified to function, if it is determined to have been a manufacturing defect/error. If said item is a sale item and no longer available, a credit in that amount will be applied as store credit to be used toward another product. Please notify a representative of any issues, at email@example.com, within 3 days of delivery. Items reported after said 3 days of delivery are not guaranteed to have modification options available. Please do not continue to use the product. An authorization code will be provided for any items being sent in for modification. Packages returned to the facility without prior authorization or notice are subject to refusal of receipt or additional shipping fees.
Please be sure of your measurements before you order. Information on how to order/measure is located throughout the site, and on every product page, for your reference. All packages returned to the facility, without prior authorization & written communication from a PouchWear representative, are subject to automatic refusal. PouchWear is not responsible for any loss of, damage to, or fees incurred for, any packages that are refused as per the policy herein. Purchases are subject to policies reviewed in the policies outlined in these terms.
Belts, bands, and wraps can be modified, via the 30-Day Fit Guarantee. Modifications include reduction or increase of the 'stoma waist size' (belts & bands), the 'wrap waist size' (wraps), the 'hip measurement' (wraps), the 'upper thigh' (thigh wraps), the 'lower thigh' (thigh wrap), the 'upper leg' (leg wrap), or the 'lower leg' (leg wrap). Completion of the 30-Day Fit Guarantee will provide additional information on how to process the modification.
If your PouchWear belt, band, or wrap needs modification, you must ensure any support products are not soiled, either by waste or adhesive, and washed before sending to be modified. No exceptions will be made and soiled products will be returned immediately without the ability for further modifications. Any item that is damaged or modified, outside of our internal tailors, will void the ability to modify as this would not allow us to guarantee the structural integrity of the supports. Additional customization charges may apply if modifying options outside of those mentioned above; contact us at firstname.lastname@example.org for these options. Modification requests made after the 30 day time frame may not be accepted.
USE OF SITE
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including policies, terms, product pricing, availability, may be changed or updated without notice. PouchWear and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if PouchWear believes that customer conduct violates our terms, applicable law, or is harmful to the interests of PouchWear and its subsidiaries.
PouchWear use of personal information, that you may submit to PouchWear through this web site, is confidential and is only accessed and accessible by PouchWear Support Associates for the purpose of manufacturing, referencing contact information, &/or quality control. Information provided or stored on any accounts created are not sold, shared, or distributed to any outside parties.