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 Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date.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.
Last Updated: July 10, 2018
1. Personal Information We Collect
What Personal Information we collect depends upon how individuals choose to interact with us. We may collect Personal Information about you from various sources described below. Where applicable, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so. If you do not provide Personal Information when requested, you may not be able to benefit from our Services if that information is necessary to provide you with them or if we are legally required to collect that information.
a. Personal Information Provided by You
Registration. If you register to use the Services or receive our promotions, then you must provide us with your name, email address, and a password in order to create an account. You may also indicate your preferences with regard to receiving our updates and promotions.
Purchases. If you make a purchase on the Services, then we will ask you to provide your name, address, email address, phone number, and payment information, such as your credit card number, so our service providers can process your payments for the applicable service.
Communications. We will collect any information which you provide to us through your communications with us e.g., with our customer-support team, when you post to a bulletin board or other forum available on this Website (e.g., web chats, blogs and community forums). In this context, we will process your message, the date and time of your message, our response and any other Personal Information you provide. If you contact us to apply for a job with Garmentory, we will process your job application, including your resume and other Personal Information you submit to us in that context.
b. Personal Information Obtained from Third Parties
Partners Websites. We may offer some Services through relationships with other companies and websites, including Google, Affirm, Stripe, PayPal, Sift Science, NetElixer, Algolia, Retention Science, Delighted, Airbrake and Full Story. For example, we may offer information and services on third party websites, such as advertising, fraud detection, payment processing, website analytics and customer communication. Personal information that you provide to those websites may be sent to us, including general location, ip addresses, browsing behaviors, email addresses, phone numbers, names, and addresses. We may combine that information with Personal Information you provided to us to communicate information regarding purchases made, improve website customer experience, or communicate further opportunities for purchases.
Social Sign-On. We collect Personal Information about you when you log into the Services via a Social Network. For example, when you log in using your Facebook credentials, we collect the information that you have made available in Facebook and that Facebook shares for social sign-on, such as your name, location, email address and profile picture. We may combine such Personal Information with Personal Information you provided to us to register your user account and communicate purchase information.
c. Personal Information Collected via Automated Means
Cookies and Similar Technologies. When you visit our Website or use the Services, we may send one or more cookies (that is, small text files) to your computer or mobile device. This enables us to 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. Most browsers are initially set to accept cookies, but you can typically change your browser’s settings to refuse all cookies or notify you of a new cookie request. However, some features of the Services will not function properly if cookies are disabled, deleted or refused.
We may use other technology, such as clickstreams to, through and from our Services and web beacons (also sometimes called pixel tags or transparent GIFs) to, among other things, track use of our Services, and habits and preferences of our visitors. We also may use such technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message.
We use this information to improve the Services by assessing how many users access or use our Services, which content, products, and features of our service most interest our visitors, what types of offers our customers like to see, and how our service performs from a technical point of view.
Cookies and other similar technologies used 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.
2. Use of Personal Information
Garmentory may use your Personal Information for the following purposes:
- to provide our Services, for example to respond to or fulfill requests or enquiries, process orders and registrations, and communicate with you in general.
- to 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 "Personal Information We Collect."
- to tailor our Services, content and communications to you in order to provide you with a better experience.
- to send you marketing communications, which may be tailored to you, based on information such as your interests and preferences (including your activities on the Services), and to advertise to you on the Services or other Web sites. For example, we may send you an email to alert you about special offers, updated information and other new products and services.
- to operate, evaluate and improve our business and develop new products and services.
- to analyze data about Website traffic and improve our Services in order to tailor it to customers’ needs.
- to de-identify and aggregate information collected through the Services for statistical analysis and other lawful purposes.
- to process your job applications with us.
- to enforce legal rights and comply with the law.
- to comply with an order from a government entity or other competent authority.
- to prevent or address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage.
- to protect our rights, prevent fraud or comply with judicial proceeding, court order, or legal process served on Garmentory.
- for other purposes for which we provide specific notice at the time of the collection of the information.
If you are located in the European Economic Area, we only process your Personal Information based on a valid legal ground, including: consent (where you have given consent e.g., to receive our marketing communications), contract (where processing is necessary for the performance of a contract with you, for example to deliver the Services or respond to your inquiries), our or a third party’s legitimate interests (for example, to conduct business analytics, and otherwise improve the safety, security, and performance of our Services) or to comply with our legal obligations. We only rely on our or a third party’s legitimate interests to process your Personal Information when these interests are not overridden by your rights and interests.
3. Disclosure of Personal Information
We may share the Personal Information we collect about you in the following ways:
- We may disclose Personal Information about you with our subsidiaries and affiliates.
- Any information that you voluntarily choose to include in a publicly accessible area of the Services (e.g., bulletin board, online discussion, or other public forum) may be shared with individuals with access to such public areas. You should think carefully before disclosing any Personal Information in any public forum.
- We may also share Personal 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 also share de-identified information with other companies for marketing purposes, such as to display effectiveness 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 de- identified information regarding particular users of our Services, such as information about websites or pages visited by the particular user.
- We may share Personal Information where you have consented to share that information for specific purposes. For example, you may choose to allow us to share Personal Information with our partners when you enter a contest. You may also choose to share Personal Information with our partners for marketing purposes (e.g., to send you their offers).
- We may disclose Personal 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; to protect the property or safety of our users, Garmentory, or the public as required or permitted by law; or in connection with a significant transaction involving Garmentory, such as an equity investment or merger or acquisition.
4. Your Rights and Choices
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. You can delete your account at any time by contacting us with that request as specified in the "Contacting Us" section below. 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 may 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).
Each marketing email communication we send you will contain instructions permitting you to "opt-out" of receiving future marketing communications. You may also contact us as indicated below to have your name deleted from our email mailing lists, or you may update your communication preferences in your account settings on our Website.
Other Rights. If you are located in the European Economic Area, you may have the following additional rights:
- Request access to and receive information about the Personal Information we maintain about you, to update and correct inaccuracies in your Personal Information, to restrict or to object to the processing of your Personal Information, to have the information anonymized or deleted, as appropriate, or to exercise your right to data portability to easily transfer your Personal Information to another company. In addition, you may also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work or where an incident took place.
- Withdraw any consent you previously provided to us regarding the processing of your Personal Information, at any time and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before your consent withdrawal.
These rights may be limited in some circumstances by local law requirements. You may exercise these rights by using the Contact Us section below.
5. Third Party Services
6. Information Security and Retention
We use certain physical, managerial, and technical safeguards that are designed to appropriately protect Personal Information against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Information in our possession. 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. The foregoing is subject to requirements under applicable law to ensure or warrant information security, if any.
We take measures to delete your Personal Information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period. When determining the retention period, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, possible re-enrolment with our products or services, the impact on the services we provide to you if we delete some information from or about you, mandatory retention periods provided by law and the statute of limitations.
7. International Data Transfers
We may transfer your Personal Information to countries other than the country where you are located, including to the United States where we are headquartered. By providing your Personal Information to us, you consent to any transfer and processing in accordance with this Policy.
If you are located in the European Economic Area ("EEA") or Switzerland, we comply with applicable legal requirements for the transfer of Personal Information to countries outside of the EEA or Switzerland. In particular, we may transfer your Personal Information to countries for which adequacy decisions have been issued, use contractual protections for the transfer of Personal Information, or rely on a certification to the EU-U.S. and Swiss-U.S. Privacy Shield frameworks where applicable. You may contact us as specified below to obtain a copy of the safeguards we use to transfer your Personal Information outside of the EEA and Switzerland.
Garmentory has filed its certification of adherence to the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the Department of Commerce and the European Commission, and the Swiss Federal Data Protection and Information Commissioner, respectively, with respect to the processing of Personal Information transferred from the EEA and Switzerland to Garmentory. Our Privacy Shield Policy is available here. Garmentory’s Privacy Shield certification is currently pending with the Department of Commerce; this statement will be updated once that certification is complete.
8. 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.
10. Contacting Us
You may also write to us at:
318 1st Avenue, Suite 315
Seattle, WA 98104