PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AND THE SERVICES AVAILABLE THROUGH THIS WEBSITE. By using or downloading information from this website, you represent that you have read and understand these Terms and Conditions and agree to be bound by them. If you do not agree with these Terms and Conditions, in whole or in part, please do not continue to use this website since your continued use (including, but not limited to, placing an offer on a product) constitutes acceptance of these Terms and Conditions.
1. Changes to these Terms and Conditions. Garmentory Inc (“Garmentory”, “us” or “we”) may modify these Terms and Conditions at any time, without notice, by updating this page. Please check this page periodically for changes since your continued use of this website following the posting of changes will indicate your acceptance of those changes.
These Terms and Conditions were last updated on June 18, 2013.
2. Garmentory as a Facilitator.Garmentory acts as an online marketplace that allows designers and boutiques (collectively, “Sellers”) a platform to advertise and sell apparel, fashion accessories, handbags, and shoes to buyers (“Buyers”) like you. Garmentory is not directly involved in the transaction between Buyers and Sellers and is not liable for any such transaction. Garmentory has no control over the quality, safety, or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of Buyers to pay for items. Garmentory will, however, use its best efforts to work with you and a Seller to resolve any dispute you may have with respect to a product you purchased using this website.
3. Products, Content and Specifications. All features, content, specifications, products, services, and prices described or depicted on this website are subject to change at any time without notice.
4. Accuracy of Information. We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation regarding how current, complete or accurate any information is on this website and have the absolute right to cancel or correct any order for a product due to errors including, but not limited to, errors in pricing.
5. Use of this website. The website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this website are either the property of, or used with permission by, Garmentory and are protected by copyright, trademark and other laws and treaties and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You may not run or display this website or any material displayed on this website in frames or through similar means without our prior written permission.
You shall not upload to, distribute, or otherwise publish through the website any content, information or other material (a) that violates, misappropriates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or entity; (b) that is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under applicable law; (c) that includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; (d) that could disable, overburden, damage, or impair the website or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website; (e) such as a robot, spider or other automatic device, process or means to access the website for any purpose, including to monitor or copy any of the material on the website; and (f) that otherwise attempts to interfere with the proper working of the website. We will have no liability related to the content of any of the foregoing materials, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
6. Purchases. Make an Offer and Sale items may not be returned. Exceptions include damaged items or order discrepancies based on size, color and style. If you would like to return a defective product, you must notify us no later than 14 days after the day your product was shipped. No returns will be accepted if you fail to notify us within the 14 day period or fail to ship the product back to us or the seller (as directed by us) within 30 days after the product was shipped. Store credit will be offered for any returned items.
7. Account Information. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to immediately notify us of any unauthorized use of your password or any breach of security and accept responsibility for all activities and purchases that occur under your account or password. You must keep your account information up-to-date and accurate at all times, including a valid email address and credit card.
8. DISCLAIMERS OF WARRANTIES. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. GARMENTORY PROVIDES THE MATERIALS AND SERVICES ON THIS WEBSITE ON AN "AS IS" AND “AS AVAILABLE” BASIS. GARMENTORY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DUE TO THE COMPLEX NATURE OF SOFTWARE AND THE INTERNET, WE DO NOT WARRANT THAT THIS WEBSITE OR THE MATERIALS CONTAINED ON THIS WEBSITE ARE COMPLETELY ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS. THE FOREGOING EXCLUSIONS OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. THIS DISCLAIMER OF WARRANTY DOES NOT DIMINISH ANY WARRANTY THAT A THIRD PARTY SELLER MAY PROVIDE DIRECTLY TO YOU FOR A PRODUCT PURCHASED ON THIS WEBSITE.
9. LIMITATIONS OF LIABILITY. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, FROM THIS WEBSITE. IN NO EVENT WILL GARMENTORY, ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, PRODUCTS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OF IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. OUR TOTAL AGGREGATE LIABILITY TO YOU WITH RESPECT TO THIS WEBSITE AND ANY MATERIALS, PRODUCTS OR SERVICES PURCHASED, PROVIDED OR ACCESSIBLE THEREIN IS LIMITED TO THE LESSER OF THE AMOUNT YOU PAID TO US FOR PURCHASES ON THIS WEBSITE DURING THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, DAMAGE, CLAIM OR LOSS OR $100. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
10.Trademarks. Certain trademarks, trade names, service marks and logos (collectively, “Marks”) used or displayed on this website are the exclusive property of Garmentory and/or our affiliates. Other Marks used or displayed on this website are the property of their respective owners. Nothing contained on this website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks without our written permission or the written permission of such third party owner.
We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. You represent and warrant that you own or otherwise control all of the rights to the comments and other User Communications that you post on the website and that use of your comments or other User Communications by Garmentory does not and will not infringe upon, misappropriate or violate the rights of any third party. We retain the right to remove any User Communications, in whole or in part, for any or no reason.
13. Legal Age. Our services are available only to, and may only be used by, individuals who are of an age to form a legally binding contract under applicable law. If you are located in the United States, you must be at least 18 years old to use this website. You represent and warrant that you are of legal age and that all registration information you submit is accurate and truthful.
14. Use of website Outside the U.S. We control this website from our offices within the State of Washington, USA. Although accessible by others, this website and its content are intended for access and use by U.S. residents. We make no representation that the content of the website is appropriate or available for use in other locations. You are solely responsible for compliance with all applicable laws and regulations that may govern your access and use of this website including any purchases made through this website.
15. Copyright Infringement Notices. We respond to clear notices of alleged copyright infringement. This section describes the information that should be included in these notices. The form of the notice described below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office website, www.copyright.gov). Our response to notices alleging infringement may include removing or disabling access to allegedly infringing material and terminating users access to our website. If we remove or disable access in response to a notice, we will make a good-faith attempt to contact the provider of the affected content so that they may make a counter notification. In addition to being forwarded to the person who provided the allegedly infringing content, a copy of the notice may be sent to a third party and may be published and annotated.
To file a notice of infringement with us, you must provide the notice by email or regular mail and include the items specified below. You may be held liable for damages (including costs and attorneys’ fees) if you misrepresent that a product or activity is infringing your copyrights. If you are not sure whether material on the website infringes your copyright, we suggest that you contact an attorney. Your notice must include the following (please use the following format, including section numbers):
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim infringes the copyrighted work identified under a above, and information that will allow us to locate that material on the website (such as a link to the material).
- Your name, and contact information sufficient to permit us to contact you in response to your complaint, preferably including, at a minimum, an email address and telephone number.
- Include the following statement: “I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
- Sign the notice.
- Send the notice to the following address:
227 Bellevue Way NE
Bellevue WA 98004
OR email to: email@example.com
Attn: Garmentory DMCA Notices
The provider of affected content may make a counter notification under sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.
17. Choice of Law; Jurisdiction. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of laws and the United Nations Convention on Contracts for the International Sale of Goods. By using this website you unconditionally agree to submit to the jurisdiction of the state and federal courts located in Seattle, Washington, USA.
18. Currency. All amounts stated on this website are in U.S. dollars.
19. Termination. We may suspend or terminate your account or your use of this website at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.
20. Severability. If any term or condition of these terms and conditions shall be deemed to be invalid, void, illegal or unenforceable for any reason, that term or condition shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.
21. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our customer service department at firstname.lastname@example.org.
Information We Collect
What information we collect from visitors to our Website depends upon how visitors choose to interact with us through the Services. You can use most of our Services without providing any personal information to us. However, your election to use our full range of Services will involve providing personal information to us that identifies you or can be used to identify or contact you, such as your name, mobile or other telephone number, email address, postal address or billing information.
The following is a list of types of information we may collect and ways in which it could be collected:
Information you provide. Some Services may require that you provide us with personal information as a condition of accessing and using those Services and some Services may give you the option to provide personal information. If we offer services or promotions that require registration, we will ask you for personal information such as your name and email address. For purchases of products or any other fees that may apply to Services, we will request your name, address, email address, phone number, and credit card number. You may of course choose to submit information to us in various ways as well, such as when you contact us by email. In addition, we may combine information that you provide to us with information relating to you from other Services or from third parties.
Partners Web Sites. We may offer some Services through relationships with other companies and websites. For example, we may offer information and services on third party websites. Personal and other information that you provide to those websites may be sent to us. Logged information. We may automatically collect and store some information that you do not actively provide, such as your internet protocol (IP) address, browser type, the date and time of your visit, and the last website or webpage you visited.
Cookies placed by Garmentory or our partners may incorporate personal information, such as your user name and password, if any, although passwords will not be included unless you request that they be saved for automatic login.
Use and Disclosure of Personal Information
Personal and other information collected is used to provide our Services, for example to respond to or fulfill requests or enquiries, process orders and registrations, and communicate with you in general.
We may also share personal and other information with our selected suppliers, service providers and partner websites in order to facilitate providing the Services to you including selling products to you. For example, we may provide such information to third parties that are involved with operating and maintaining the Services (including for example where another company provides website hosting, customer support or email message deployment services for us), performing business and sales analysis, improving the Services, and fulfilling orders and processing credit card payments.
We may collect and use non-personal information to display customized content and advertising, measure the usage and effectiveness of our Services and our online advertising and other content and activities, and improve our Services. Much of this information is gathered by us or other companies using cookies or other internet technologies, as described above under “Information We Collect.”
We may also share non-personal information with other companies for marketing purposes, such as the display of targeted advertising with or in our Services or the websites or services of other companies. This information may include aggregated information such as usage statistics or demographic trends regarding our users or those of websites or services with which we have a business relationship. It may also include anonymous information regarding particular users, such as information about websites or pages visited by the particular user.
We use and share personal information where you have chosen to allow us to use and share that information for specific purposes. For example, you may choose to allow us to share personal information when you enter a contest. You may also choose to allow us to share personal information with other companies for offer-marketing purposes, among other things.
We disclose personal and other information if we have a good-faith belief that the disclosure is reasonably necessary to comply with the law, legal process or an enforceable government request; to enforce applicable Terms and Conditions for our Services; to detect, prevent or otherwise address illegal activity, fraud, or security issues; or to protect the property or safety of our users, Garmentory, or the public as required or permitted by law.
In connection with a significant transaction involving Garmentory, such as an equity investment or merger or acquisition, we may transfer personal and other information to another company without your consent.
Social Media and Public Forums
If you have an account with us, you can review and update your account information (such as your name, user name, and contact information) online by logging into your account. We make good faith efforts to provide you with access to your personal information and the ability to correct the information if it is inaccurate or to delete it at your request if it is not required to be retained by law or for legitimate business purposes. We require users to identify themselves and the information they wish to access, correct, or remove before processing these requests, and we may decline to process requests that we believe in good faith are unreasonable or unduly burdensome (such as requests that are repetitive, require disproportionate technical effort, jeopardize the privacy of others, or would be impractical to satisfy).
If you send us electronic personal information, we will store it on our computers and/or other media we deem appropriate. We employ firewalls and other electronic and physical measures to help keep your personal information secure. You should be aware, however, that no transmission over the Internet, and no electronic data storage method, is 100% secure. Therefore, we cannot guarantee the absolute security of the personal information you provide us either during its transmission or its storage on our computers.
Online Privacy of Children
Our Services are not directed to children under the age of 18, and we do not knowingly collect, use or disclose personal information from anyone under 18 years of age.