Terms of Service
Thank you for your purchase! We hope you will be happy with your Simple Wishes products and that they meet your needs and expectations. We are committed to both your satisfaction and to our products, therefore if they do not meet your needs, are the incorrect size or there is a problem with your purchase, please let us know. We will be happy to remedy the situation.
If you need assistance with return/exchange or simply have a question or concern call toll-free 1-888-324-WISH (9474) Ext 0. We are always happy to help!
PRODUCT WARRANTY
All products displaying the Simple Wishes brand carry a 60 day warranty against defects in materials or workmanship (see definition below). Some defects, while rare, may only present over time. If you experience defects, we will exchange for another of the same style or credit the amount you spent towards another style of equal or greater value.
In the unlikely event that you receive goods, that are immediately identifiable as defective, or items that you did not order, please contact us, within 30 days of your order date, to arrange the return shipment and we will exchange or refund you in full (including all shipping charges).
SIMPLE WISHES SATISFACTION GUARANTEE
We hope you are thrilled with your purchase, but if for any reason it doesn’t meet your needs or expectations, the following is our policy and instructions for returning.
What is eligible for Return?
All garments, without defects, (other than underwear) may be returned for a full refund, up to 60 days from the date on the packing slip; provided that they are "in as new condition". This condition is defined as having only been tried on, not worn or washed with the hang tags still attached to garments.
Please examine your garment(s) thoroughly before sending back. Contact us if you have any doubt prior to mailing it back. We are happy to advise you with an exchange of pictures prior to sending your return.
What is not eligible for Return?
For hygienic reasons, underwear (bikini and thong) and personal care items ( nipple cream, belly oil, lactation teas, supplements etc) cannot be returned. Items purchased at final sale cannot be returned.
How do returns work for products purchased during a tiered promo or in the case of free shipping?
When returning an item purchased during a tiered promo that requires a minimum threshold of spend, the amount refunded back to you will be based on a new calculation that takes into account the subtotal minus the returned item. The refund will reflect the applicable discount based upon that new amount. If your original order had a free shipping promo, actual shipping costs that were waived will be deducted from your refund. If you are returning a portion of your original order that had a free shipping promo, a portion of the shipping charges you would have incurred will be deducted.
Product Defects/Warranty
Simple Wishes will replace a manufacturer’s defect on any of our products within 60 days of product purchase. Defects may extend to clips (that are broken, will not stay closed, or will not open), stitching, defects in fabric and/or trims, degradation of ability to securely maintain support of breast pump etc. Some defects only appear with wear. Simple Wishes may replace defective bra merchandise that has been washed and/or worn (provided it is returned within 90 days of purchase).
Can I exchange my bra for another size/color/style?
Absolutely! You can return your “in as new” condition item(s) back to us within 60 days for a refund and place a new order. Contact our Customer Service Department at customercare@simplewishes.com to assist you with this process.
INTERNATIONAL SHIPMENTS
If you are a customer who purchases our products from outside the United States, your products will be imported into your country on your behalf, and by placing your order on www.simplewishes.com you authorize Simple Wishes to import the products on your behalf. Further, you agree that Simple Wishes may delegate the obligation to import the goods on your behalf to a subcontractor. When you place an order on www.simplewishes.com for shipment outside of the United States, you agree to pay the appropriate taxes and duties that we must collect from you in addition to the purchase price of the goods.
PROMOTIONAL CODES AND DISCOUNTS
Any offers, including promo codes entered at checkout or discounts automatically taken at checkout, are only valid on www.simplewishes.com. One code per order. Each offer cannot be combined with other coupons/offers. Codes are not valid on previous purchases or wholesale orders. Promo code(s) or automatic discount(s) are only available for a limited time, while supplies last and may be expired at any time even if an expiration date is noted in the promo. A limit on the number of times an offer may be used may also be noted. Only one Simple Wishes promotional code, referral code, or sales discount code can be applied to any given order. As a result, the check-out system on www.simplewishes.com will allow only one code to be entered per order. In the event that an order happens to be eligible for more than one code, you are responsible for choosing the code that offers the preferred discount.
WEBSITE WARRANTY DISCLAIMER
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.simplewishes.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.simplewishes.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.simplewishes.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
www.simplewishes.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if www.simplewishes.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
TYPOGRAPHICAL ERRORS
In the event that a www.simplewishes.com product is mistakenly listed at an incorrect price, www.simplewishes.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.simplewishes.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.simplewishes.com shall issue a credit to your credit card account in the amount of the incorrect price.
COPYRIGHT
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of www.simplewishes.com. The collective work includes works that are licensed to www.simplewishes.com. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.simplewishes.com or purchasing www.simplewishes.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.simplewishes.com or to purchase www.simplewishes.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.simplewishes.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
TRADEMARKS
All trademarks, service marks and trade names of www.simplewishes.com used in the site are trademarks or registered trademarks of www.simplewishes.com
THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, www.simplewishes.com may link to sites operated by third parties. However, even if the third party is affiliated with www.simplewishes.com, www.simplewishes.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.simplewishes.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.simplewishes.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
PHOTO SHARING
Terms. By submitting a photograph to us or by otherwise agreeing to our use of a photograph according to these Terms, you agree that you have read and fully understand these Terms and will comply with them in their entirety.
Copyright. Don't give us photographs that you didn't take yourself or don't have permission to give to us. You represent and warrant that you have taken the photograph yourself and own the copyright in the photograph, or have received the express permission of the copyright owner to have the photograph used and shared by us in accordance with these Terms.
Permission of any person pictured. Make sure that you have permission to take the photograph of any and all people appearing in the photograph and have their permission to have their image and name used by us. If any people pictured are minors, you must obtain their parent's or guardian's express permission to have their image and name used by us. You represent and warrant that you have express permission of everyone who appears in the photograph (and their parent or guardian, if applicable) to be photographed and have the photograph and their names used and shared by Simple Wishes in accordance with these Terms. Before obtaining their permission and sharing the photo with us, send them a copy of or a link to these Terms.
Simple Wishes use of photographs and content. You keep all of your ownership rights to any photograph or other content but give us permission to use the photograph as determined by us. By submitting, or otherwise agreeing to our use of a photograph or other content, including but not limited to photo captions, your name, and the names of any person appearing in the content (collectively, “Content”), you grant us the worldwide, unrestricted, royalty-free, irrevocable, sub-licensable right to (a) publish, publicly display and perform, modify, edit, alter and otherwise use the Content in whole or in part, without further consent, review or participation from you, for any purpose throughout the world (including commercial and promotional) in any medium or format now existing or hereafter created, including but not limited to print or recorded material, websites, and social media platforms; and (b) use your name, commentary, and other information about you in connection with the Content. We reserve the right to use, not use, or discontinue using any Content in our sole discretion at any time.
The content you submit. You agree not to submit any Content that:
- Infringes any intellectual property rights of any other person or third party, including but not limited to copyright and trademark.
- Defames or invades the privacy or publicity rights of any person, living or deceased, or infringes upon any person's or third party's personal, property, or other right.
- Is inappropriate, sexually explicit, harassing, abusive, harmful, violent, or otherwise objectionable or offensive in any way.
- Contains any virus, worm, corrupt file, or other forms of malicious code or content that may harm a website or computer.
- Violates any law, statute, ordinance, or regulation.
Conflict resolution, waiver, and indemnity. If you have a disagreement with us or think any of your Content has been used without your permission or in violation of your rights, let us know so that we can try to work it out.
You can reach us here:
Simple WishesAttention: Legal Department
4630 Mint Way
Dallas, TX 75236
USA
You irrevocably waive all rights and agree to release and hold harmless Simple Wishes from any and all claims, costs, expenses, damages, causes of action and/or liabilities, of any nature, whether direct or indirect, known or unknown, foreseen or unforeseen, arising out of or relating to the Content, including but not limited to defamation; invasion of the rights of privacy or publicity; violation or any moral or artist rights; personal injury, damage to property, or any other similar matter. You further agree to indemnify, defend, and hold Simple Wishes harmless from any claim or cause of action related to your violation of any these Terms & Conditions.
REFER-A-FRIEND PROGRAM
If you choose to become a Refer-a-Friend member (a “Referrer”), you are subject to the following Terms & Conditions for Simple Wishes Refer-a-Friend program:
Qualified Referral. A Qualified Referral is defined as a purchase made at www.simplewishes.com by a person (a "Referred Customer") who arrives to our website by clicking on your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using multiple email addresses).
Referral Rewards. In order for you to earn a referral reward as a Referrer, the Referred Customer must complete an order having a total value greater than $20 excluding any fees including taxes, discounts, shipping, returns, chargebacks, fraudulent payments, and/or other third-party fees.
Eligibility. Eligibility is limited to first-time customers and individuals only. Simple Wishes Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in Simple Wishes sole discretion.
No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Simple Wishes Refer-a-Friend program.
Right to Close Accounts. Simple Wishes reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Simple Wishes Refer-a-Friend program in a manner that breaches any of these Terms and Conditions or is in violation of any law, statute, or governmental regulation.
Right to Cancel Program or Change Terms. Simple Wishes reserves the right to cancel the Refer-a-Friend Program or to change these Terms and Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at the time of any such cancellation.
TERMINATION
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.simplewishes.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to any of its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.simplewishes.com products) shall be in the state or federal courts located in Contra Costa County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.simplewishes.com products) must be commenced within one (1) year after the claim or cause of action arises. www.simplewishes.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.simplewishes.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
ENFORCEABILITY
If any provision of these Terms & Conditions is deemed invalid, illegal or otherwise unenforceable then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.simplewishes.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
PARTICIPATION DISCLAIMER
www.simplewishes.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.simplewishes.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.simplewishes.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.simplewishes.com in its sole discretion.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless www.simplewishes.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.