WOW CLOTHING CLUB TERMS AND CONDITIONS
Effective 10/3/09
Acceptance of Terms of Use
These Terms and Conditions govern your use of the Wow Clothing Club service and website. By using, visiting, browsing or signing on to our children’s designer clothing boutique and Rewards Program on the Wow Clothing Club website, you accept and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not purchase from the Wow Clothing Club website.
Privacy
All information submitted on the Wow Clothing Club website is subject to our Privacy Policy, which can be found by clicking on the Privacy Policy link at the bottom of the Wow Clothing Club website. Please review our Privacy Policy to understand our practices, which are incorporated into these Terms and Conditions. The date of any changes to our Privacy Policy will be noted at the top of the page.
User Registration
To become a VIP member of the Wow Clothing Club designer children's boutique, you must first register with a username and password through our website. As part of the registration process, you must supply Wow Clothing Club with certain personal information, such as your full name, email address, phone number, mailing address, billing address and payment information, in order for us to verify your account. You must be 18 years of age or older to become a member or use the Wow Clothing Club website. You agree to provide true, accurate, current and complete information about yourself on the user registration form and agree to keep the information, accurate, complete and up-to-date. If you fail to provide us with true, accurate, current and complete information, or we suspect that you have failed to do so, we reserve the right to suspend or terminate your order with us and/or use of the Wow Clothing Club website.
About Our Website
Wow Clothing Club is an online boutique for designer children’s clothes, in girl’s sizes from 12 months to 6x / 7. Browse our inventory of unique, boutique-style designer clothing, and then purchase the items, plus any applicable shipping costs. If you choose to sign up for the Wow Clothing Club Rewards program, at no additional cost, you may be eligible to receive additional discounts, credits or offers by email.
Payment and Billing
You are responsible for paying all purchases, plus any applicable taxes or charges. If an item is in the incorrect size or you wish to return the clothing for whatever reason, you must do so within 7 days of receiving your order. In order to return new items, you must return the clothing with its original sale tags still attached. Wow Clothing Club will provide a postage-paid return label for any returns within the 7-day time period.
Users are responsible for maintaining updated account and payment information. If the payment method listed on your account becomes expired, or is no longer valid, please update it on the My Account section of the Wow Clothing Club website, or contact us immediately. You are still responsible for any uncollected amounts and any collection costs.
Wow Clothing Club may modify the price, content or nature of the products on its website at any time, and upon doing so, we will notify you of any such changes by email, upon login or on our website.
Taxes
By agreeing to these Terms and Conditions, you agree to pay all applicable local, city, and state taxes.
Right to Terminate Service
We reserve the right to terminate or restrict your use of the Wow Clothing Club website, without notice, for any or no reason whatsoever.
Cancelling, Upgrading or Downgrading Rewards Program
To cancel your membership in Wow Clothing Club Rewards Program, you can login and visit the My Account section of the website. You will forfeit all credits to your account upon cancellation. Wow Clothing Club will not issue cash or store credit upon cancellation.
Shipping and Returning Clothing
Wow Clothing Club ships its designer children’s garments to the user’s address listed on the account via U.S.P.S. Priority Mail, in reusable, waterproof poly bags. Wow Clothing Club cannot guarantee delivery times. Wow Clothing Club can provide a pre-paid return label for returns within 7 days of receipt, if the user returns any new items with their original sales tags and the items in new condition. Users are responsible for returning the garments within the specified time period and in the original poly bags, or they may be subject to return shipping charges. Users may drop off postage-paid boxes at any U.S. Post Office, or visiting www.usps.com to request a pickup. In the event that a user did not save the return box, the U.S. Postal Service will provide one at no charge, or the user may ship in a box of similar size.
Garment Care
Before shipping any of our gently-used designer clothing to our customers, Wow Clothing Club launders each garment in eco-friendly, dye- and fragrance-free laundry detergent, to protect delicate children’s skin. Consequently, you do not need to launder the items prior to wearing them. Please read the manufacturer's care instructions on all garments prior to laundering them.
Disclaimers of Warranties and Limitations on Liability
The Wow Clothing Club website and service, including all features associated therewith, the website and its contents are provided "as is" with all faults and without warranty of any kind and we make no representations or warranties of any kind with respect to the Wow Clothing Club service, the web site and its contents. We assume no liability or responsibility for any errors or omissions in the content of the Wow Clothing Club website, any failures, delays, or interruptions in the shipment of clothing, delivery of any content contained on the Wow Clothing Club website, any losses or damages arising from the use of the content provided on the Wow Clothing Club Web site, or the Wow Clothing Club service. To the extent allowable by law, we and our licensors disclaim all representations and warranties, including, for example, warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not represent or guarantee that your use of the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Wow Clothing Club or its affiliated parties. In no event shall Wow Clothing Club, LLC., its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the Wow Clothing Club website, its contents or our service, including any features associated therewith. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our website, its contents or our service, including any features associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month's subscription fee on your subscription plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Standard Hold Harmless Agreement
For good and valuable consideration, the customers of Wow Clothing Club jointly and severally agree to indemnify and hold harmless Wow Clothing Club and all employees therein from any claim, action, liability, loss, damage or suit, arising from the following: Any injury incurred by damaged clothing received from Wow Clothing Club and any corruption on any electronics used to access the Wow Clothing Club website.
Submissions
Wow Clothing Club, LLC., is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Wow Clothing Club ("Content"), including, without limitation, responses to questionnaires or through postings to the Wow Clothing Club website without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Wow Clothing Club website or other websites. Furthermore, by posting any Content on our website, submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future. Please note Wow Clothing Club does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Wow Clothing Club. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against Wow Clothing Club and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent. In light of operational constraints, Wow Clothing Club is unable to return any personal clothing or other items submitted to Wow Clothing Club. We apologize for any inconvenience and encourage you to be careful in returning items to us. By becoming a Wow Clothing Club member, you grant Wow Clothing Club sole ownership of any correspondence between the parties for Wow Clothing Club’s use at its sole discretion.
Your Conduct on the Wow Clothing Club Website
By accessing the Wow Clothing Club website, you agree to use the Wow Clothing Club website and service, including all features associated therewith, the website and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Wow Clothing Club website. You also agree not to interfere with the servers or networks connected to the Wow Clothing Club website or to violate any of the procedures, policies or regulations of networks connected to the Wow Clothing Club website. You also agree not to impersonate any other person while using the Wow Clothing Club website, conduct yourself in a vulgar or offensive manner while using our service, or use the Wow Clothing Club website for any unlawful purpose.
Access Limits
Unless otherwise specified, the content on the website is for your personal and non-commercial use; Wow Clothing Club grants you a limited license to access the website solely for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, offer for sale, or use in any other way the service, or any information contained on, or obtained from, the website without the express written consent of Wow Clothing Club. Any and all unauthorized uses of the Website or the contents therein will terminate the limited license granted to you. Without our expressed written consent, you may not (a) use any automated means to access the Website or collect any information from the Website (including without limitation robots, spiders or scripts), or (b) frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.
Information Collection & Use
In order to use this website and service, you are required to give contact information such as your name and email address. We use this information to contact you about the services on our site in which you have expressed interest, as well as for billing and subscription processing. We will send you service-related announcements on rare occasions when it is necessary to do so. Wow Clothing Club may also send you information by email, such as newsletters, updates on product availability, shipping or order status. We may also use optional information you have provided in the form of surveys or contents from our website or from an email campaign. We use this information and results to provide a more personalized experience and service for you. We may use a third party service provider to conduct these surveys or contests; that company will be prohibited from using our users’ personally identifiable information for any other purpose. We will not share the personally identifiable information you provide through a contest or survey with other third parties unless we give you prior notice and choice. Wow Clothing Club is not responsible for the content or handling of information on these websites.
We store information that we collect through cookies, log files and clear gifs to create a “profile” of your preferences. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We also use a third-party tracking service called Google Analytics that uses log files to track non-personally identifiable information about visitors to our site in the aggregate. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. We tie your personally identifiable information, and your purchasing history, to information in the profile, in order to provide tailored promotions and marketing offers and to improve the content of the site for you. We share your profile in aggregate form only. We are not responsible for cookies, log files or clear gifs used by any advertisers or outside websites.
We use an outside credit card processing company to bill you for goods and services. These companies do not retain, share, store or use personally identifiable information for any other purposes. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our website.
Advertisers
Wow Clothing Club may provide, or third parties may provide, links to other websites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. Wow Clothing Club is not responsible for the content on the internet or web pages that are contained outside the site.
Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the website.
Intellectual Property
Wow Clothing Club is a trademark of Wow Clothing Club, LLC. All Wow Clothing Club graphics, content, software and service names are trademarks and property of Wow Clothing Club, and are protected by United States and international copyright laws. Any trademarks not owned by Wow Clothing Club that appear on the website are the property of their respective owners, who may or may not be affiliated with or sponsored by Wow Clothing Club. Therefore, no material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.
Use Limitations
You must be 18 years of age or older to use the Wow Clothing Club service. While individuals under the age of 18 may use the service, they may do so only with the involvement of a parent or legal guardian. While Wow Clothing Club does distribute products that will be used by children, we do not intentionally seek to collect information from individuals 18 years of age and younger. Unless otherwise specified, the content on the Wow Clothing Club website is for your personal and non-commercial use. You may not download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Wow Clothing Club website without our expressed written consent.
Links to Other Sites
This Website contains links to other sites that are not owned or controlled by Wow Clothing Club. Please be aware that Wow Clothing Club is not responsible for the privacy practices of such other sites.
Security
The security of your personal information is important to us. When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Business Transitions
In the event Wow Clothing Club goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via email and via prominent notice on our website of any such change in ownership or control of your personal information.
Governing Law and Jurisdiction
These Terms and Conditions are governed in all respects by the laws of the State of Indiana as such laws are applied to agreements entered into and to be performed entirely within Indiana between Indiana residents. By accepting this agreement and using the service, you accept and consent to the personal jurisdiction and venue of the federal and state courts in Hendricks County, Indiana, for any court action or proceeding deemed necessary by Wow Clothing Club to collect amounts due hereunder, to recover its property, and/or to protect Wow Clothing Club from theft or fraud. We may also commence any court action or proceeding to collect amounts due hereunder, to recover its property, and/or to protect Wow Clothing Club from theft or fraud, in the federal or state courts in the state where you reside, or in the state where the property is located.
Changes to Terms and Conditions
Wow Clothing Club reserves the right to change these Terms and Conditions at any time, with or without notice. The most current version of the Terms and Conditions will supersede all previous versions. Your use of the Wow Clothing Club website or continued use of our service after we have made such changes indicates that you agree to be bound by such changes. You can review the most current version of these Terms and Conditions by clicking on the ‘Terms and Conditions’ link at the bottom of the Wow Clothing Club website.
Contact Us
If you have any questions or suggestions regarding our Terms and Conditions, please contact us.
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