Davy Piper reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on this page immediately.
Please check the latest information here to inform yourself of any changes.
PROMOTIONS AND DISCOUNTS
Offer cannot be combined with any other discounts, coupons, or sales. Discount is valid from 12:00 am PST 11/27/2020 to 11:59 pm PST 11/30/2020, while supplies last. Offer cannot be redeemed on purchases made outside the promotional period. Limit one use per person or household. Refunds and exchanges may forfeit any discount received. Void where prohibited by law. Offer has no cash value and is not redeemable for cash. Davy Piper reserves the right to end this at any time. ©️ 2020 Davy Piper®️
Offer cannot be combined with any other discounts, coupons, or sales. Discount is valid from 12:00 am PST 11/27/2020 to 11:59 pm PST 11/30/2020, while supplies last. 2-pack pricing valid from 12:00 am to 11:59 pm PST 11/30/2020, while supplies last. Offer cannot be redeemed on purchases made outside the promotional period. Limit one use per person or household. Refunds and exchanges may forfeit any discount received. Void where prohibited by law. Offer has no cash value and is not redeemable for cash. Davy Piper reserves the right to end this at any time. ©️ 2020 Davy Piper®️
If you have a discount code, you must enter it before you proceed to checkout, as you will not be able to do so once your payment information is processed. You may only use one discount code per order.
Refunds for item(s) from an order which was discounted or part of a promotion will be calculated as follows: Where a discount has been applied to the entire order, the discount will be applied evenly across the items ordered. For example, if a “$10 off” discount was applied and four items were ordered, then each item returned would be eligible for a refund of $2.50 less than the price listed at the time of purchase. If a % discount was applied, then the % would be applied separately to each item. Offer codes are independent of any other promotion and may be restricted and not combined with other promotions on the site or with any other promotional offer code. For example, you will not be able to use a 10% code then add a further 5% code on top. Offer codes may also be withdrawn at any time without prior notification.
REFUNDS AND EXCHANGES
Purchases made at www.davypiper.com
The Davy Piper Promise
If you don’t love it, return it for free within 90 days.
We want nothing more than for you to love your clothes! However, we know that measurements and sizing charts are only a starting point, so if you’re not completely satisfied with your purchase, we’ll work with you to find the perfect fit.
This guarantee excludes items marked final sale, received for free, or purchased on third-party sites. For hygiene reasons, we cannot accept any underwear for return or exchange; if there is a fit or quality issue, please let us know at email@example.com.
For items in "new" condition (tags still attached, and unwashed/unworn) please go here to print your return shipping label within 90 days of your purchase.
Most items processed as returns are eligible for Instant Refunds. Instant Refunds can be used to purchase any item from our website. If your return is not eligible for an Instant Refund, we will process a refund to your original payment method within about 10 business days of receiving your return package. Please be advised that items received for free through a giveaway, sale, special promotion, or other offer are not eligible for return or exchange.
Please note, defective items are eligible for replacement within 90 days of purchase.
All underwear are considered final sale; please contact us at firstname.lastname@example.org for any fit or quality issues with panties.
To return or exchange an unworn, new with tags item you received as a gift, please go here and enter the order number. For eligible items, a gift card for store credit will be issued to you.
For gift purchases without an order number, items that are new with tags and unworn, new condition are eligible for store credit. Please note that the store credit amount may differ from the current price of the item(s). You are responsible for mailing the items to our warehouse:
Davy Piper Gift Returns
3913 OCEANIC DR
OCEANSIDE, CA 92056
Please include a note with your name, phone number, email address, street address, and desired size/color if requesting an exchange.
Exchange requests are subject to availability; Davy Piper reserves the right to substitute an item(s) of equal or greater value.
Items received for free through a giveaway, sale, special promotion, or other offer are not eligible for return or exchange.
Davy Piper respects your privacy and is committed to protecting your personal data.1. Introduction
It also tells you about your privacy rights and how the law protects you.
2. Personal data we collect about you
Personal data, or personal information, means any information about an individual that can identify that individual. It does not include data where the identity has been removed (anonymous data).
We collect a variety of information about our customers and readers/visitors. This personal data falls into these categories:
- Contact Data includes first name, last name, billing address, delivery address, email address, and telephone numbers.
- Financial Data includes credit card details.
- Transaction Data includes details about payments to and from you and other details of products you have purchased from us.
- Profile Data includes your username or similar identifier and an encrypted version of your login/password, preferences, feedback, and survey responses. If you interact with us through social media, this may include your social media username.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, operating system and platform, and other technology on the devices you use to access Davy Piper.
- Usage Data includes information about how you use our website.
- Tracking Data includes information we or others collect about you from cookies and similar tracking technologies.
- Marketing and Communications Data includes your preferences in receiving direct marketing from us and your communication preferences.
We may also collect, use, and share Aggregated Data, such as statistical or demographic data. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. This helps us provide better content and service.
3. How is your personal data collected?
We use different methods to collect data from and about you including:
Direct interactions. You may give us your Contact, and Financial Data by filling in forms or by corresponding with us by mail, phone, email, or through social media.
This includes personal data you provide when you:
- sign up to receive Davy Piper emails;
- request information be sent to you;
- create an account on our website;
- order our products;
- ask for marketing to be sent to you;
- engage with us on social media;
- enter a giveaway or promotion;
- contact customer service; or
- leave comments or reviews on our products.
Automated technologies or interactions. As you interact with us, including via the Davy Piper website, we may automatically collect Technical Data about your equipment, browsing actions, and patterns. We may also collect Tracking Data when you use our website, or when you click on one of our ads (including those shown on third party websites).
Third parties or publicly available sources. We may receive personal data about you from various types of third parties, including:
- Technical Data and/or Tracking Data from analytics providers, advertising networks, and search information providers;
- Contact, Financial, and Transaction Data from providers of payment and fraud prevention services;
- Contact Data from data partners; and
- Data from any third parties who are permitted by law or have your permission to share your personal data with us, such as via social media or review sites. We will only use your personal data when the law allows us to.
4. How we use your personal data
Most commonly, we will use your personal data in the following circumstances:
- When we need to perform the contract we are about to enter into or have entered into with you. For example, when you purchase our products, that’s a contract.
- When it is necessary for our legitimate interests (or those of a third party), and your interests and fundamental rights do not override those interests (e.g., if we carry out fraud screening as part of the check-out process).
- When we need to comply with a legal or regulatory obligation. For example, keeping records of our sales for tax compliance.
Note that we may process your personal data for more than one lawful reason depending on the specific purpose for which we are using your data.
If you ever have any questions about this, please contact us at email@example.com.
5. Advertising, marketing, and communications preferences
We may use your Contact, Technical, Tracking, Usage and Profile Data to determine what we think you may want or need, or what may be of interest to you. This is how we decide which products may be relevant to you and tell you about them. This is what we call direct marketing.
We may carry out direct marketing by email, social media, or mail.
On our website, we always try hard to make it clear what we are doing and what communications you will be sent, and you have a right at any time to opt out or change your preferences.
We advertise in many different ways, and not all use personal data.
We also work with partners to try and promote the reach of our ads. We use Tracking Data to deliver relevant online advertising, including via websites and social media.
Tracking Data, and in particular, cookies, help us to deliver website and social advertising that we believe is most relevant to you and to potential new customers. Cookies are why when you’ve been on the Davy Piper website, you might see an item you were looking at again. Cookies help us work better and make the process of being a Davy Piper customer and/or visitor/reader smoother.
Cookies can also tell us if you have seen a specific ad, and how long it has been since you have seen it. This is helpful because it means we can control the effectiveness of our ads and the number of times people might be shown our ads. Cookies also help us understand if you’ve opened a marketing email because we don’t want to send you things you don’t read.
Almost all the cookies that relate to advertising are part of third-party online advertising networks. We do not control cookies set by advertising networks.
Other cookies collect information about how visitors use Davy Piper, for instance, which pages visitors go to most often. These cookies don't collect information that identifies a visitor. Information these cookies collect is used to improve how Davy Piper works.
There are also cookies that allow Davy Piper to remember choices you make (such as your username or the region you are in) and provide enhanced, more personal features.
There are cookies that collect information about your browsing habits in order to make advertising delivered to you more relevant to you and your interests. They remember that you have visited a website, and this information is shared with other organizations.
When you use Davy Piper, your device or browser may be sent cookies from third parties, for example when using embedded content and social network links. It's important for you to know that we have no access to or control over cookies used by these companies or third-party websites. We suggest you check the third-party websites for more information about their cookies and how to manage them.
7. Disclosures of your personal data
We may share personal data with the following categories of third parties:
- Suppliers and service providers (such as technology service providers, payment processing and fraud prevention providers, and manufacturers);
- auditors and professional advisers like bankers, lawyers, accountants and insurers; and
- government, regulators, and law enforcement.
We share personal data with the following specific third parties:
We also share data with third parties connected to advertising, retargeting, and analytics.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
8. Payment information
Davy Piper uses third party payment processors Amazon, Facebook, Google, Apple Pay, Shopify, and Stripe to process payments made for products via the Website. All online payments will be conducted in accordance with data security standards, and your billing information, which is only used by these payment processors for the purpose of performing fraud protection, is encrypted before being communicated to them.
9. International transfers
If you are a citizen of any country in the EEA, whenever we transfer your personal data out of the EEA, we will comply with applicable data protection law. Some of the mechanisms we may choose to use when undertaking an international transfer are:
- The transfer of your personal data is to a country that has officially been deemed to provide an adequate level of protection for personal data by the European Commission, such as the United States.
- We may use specific contracts approved by the European Commission, which give personal data the same protection it has in Europe (called the “EU Model Clauses”).
10. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who need to know it for business purposes. They will only process your personal data on our instructions, and they are subject to confidentiality agreements.
We have put in place procedures to deal with any suspected data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
11. Third-party links
12. Data retention
We will only keep your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
In some circumstances, you can ask us to delete your data.
13. Your legal rights
If the General Data Protection Regulation applies to you because you are in the European Union, you have rights under data protection laws in relation to your personal data:
- The right of access – that’s a right to make what’s known as a “data subject access request” for a copy of the personal data we hold about you;
- The right to rectification – that’s a right to make us correct personal data about you that may be incomplete or inaccurate;
- The right to erasure – that’s also known as the “right to be forgotten,” where, in certain circumstances, you can ask us to delete the personal data we have about you (unless there’s an overriding legal reason we need to keep it);
- The right to restrict processing – that’s a right for you in certain circumstances to ask us to suspend processing personal data;
- The right to data portability – that’s a right for you to ask us for a copy of your personal data in a common format (for example, a .csv file);
- The right to object – that’s a right for you to object to us processing your personal data (for example, if you object to us processing your data for direct marketing); and
- Rights in relation to automated decision-making and profiling – that’s a right you have for us to be transparent about any profiling we do, or any automated decision-making.
These rights are subject to certain rules about when you can exercise them. If you wish to exercise any of the rights set out above, please contact us.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). We may, however, charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who does not have a right to receive it. We may also contact you to ask you for further information.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Oceanside, California before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Davy Piper’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.