Last updated: (01/01/2023)
Introduction
These Terms and Conditions (“Terms”) govern your access to and use of the Haute Monde® Dress, Jacket, Skirt, Bodysuit, Jumpsuit website (the “Site”) and our mobile application (the “App”) as well as all related products and services made available by Haute Monde® Dress, Jacket, Skirt, Bodysuit, Jumpsuit (collectively, the “Service”).
Please read these Terms carefully before accessing or using any part of our Service. By using any part of the Service, you agree to become bound by all the Terms. If you do not agree to all the Terms, then you may not access or use the Service.
If you have any questions about these Terms, please contact us at:
Email: [email protected]
Phone: (555) 123-4567
Postal Address:
Haute Monde® Dress, Jacket, Skirt, Bodysuit, Jumpsuit
123 Fashion Ave,
New York, NY 10101
USA
Eligibility to Use the Service
You must be at least 18 years of age or the legal age of majority in your jurisdiction to open an account, place orders, and use the Service. If you are under 18, you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
Modification of Terms
Haute Monde® Dress, Jacket, Skirt, Bodysuit, Jumpsuit reserves the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Service user interface, in an email notification or through other reasonable means.
Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms and Conditions.
In addition, when using particular Services, you shall be subject to any posted terms or rules applicable to such services that may be posted from time to time. All such terms or rules are hereby incorporated by reference into the Terms.
Account Creation and Operation
In order to use or access certain features or functions of the Service, you may be required to register for a user account (an “Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all information you provide is accurate and truthful; (b) you will maintain the accuracy of such information; and (c) your use of the Service does not violate any applicable law or regulation.
You are responsible for maintaining the confidentiality and security of your login credentials and are fully responsible for all activities that occur under your Account. You agree to immediately notify Haute Monde® Dress, Jacket, Skirt, Bodysuit, Jumpsuit of any unauthorized use of your Account or any other breach of security. Haute Monde® Dress, Jacket, Skirt, Bodysuit, Jumpsuit cannot and will not be liable for any loss or damage arising from your failure to protect your login credentials or restrict access to your Account and devices.
You acknowledge that Haute Monde® Dress, Jacket, Skirt, Bodysuit, Jumpsuit has no control over and expressly disclaims any liability derived from the actions or inactions of other users.
User Content
The Service may allow you and other users to create, upload, store, send, receive and distribute content, including text, photos, audio, video, or other materials (“User Content”).
You retain all ownership rights in any User Content you create, but you grant Haute Monde® Dress, Jacket, Skirt, Bodysuit, Jumpsuit a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to reproduce, distribute, publicly display, modify (for formatting purposes only), excerpt, prepare derivative works based upon, and otherwise use the User Content solely for the purposes of including your User Content in the Service and as otherwise permitted by these Terms.
You are solely responsible for your User Content. You represent and warrant that: (i) you own all the User Content posted by you on or through the Service or otherwise have the right to grant the licenses to Haute Monde® Dress, Jacket, Skirt, Bodysuit, Jumpsuit set forth below, and (ii) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person. You agree to pay for all royalties, fees, damages and other monies owing any person by reason of User Content you posted on or through the Service.
We do not endorse or control the User Content posted via the Service and do not guarantee the accuracy, integrity or quality of any User Content. Under no circumstances will we be liable in any way for any User Content.
You understand and agree that we may, but are not obligated to, review the Service and may delete or remove (without notice) any User Content in our sole discretion, for any reason or no reason.
Acceptable Use Policy
You agree not to use the Service to:
- Upload, transmit or distribute any User Content that is unlawful, defamatory, obscene, fraudulent, deceptive, threatening, harassing, harmful, hateful, abusive, inflammatory, vulgar, pornographic, or objectionable material or activity.
- Promote sexually explicit material.
- Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other legally protected characteristics.
- Infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other proprietary right of any party.
- Impersonate any person or entity or falsely claim an affiliation with any person or entity.
- Upload, transmit or distribute any viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature.
- Submit false abuse reports or impersonate any person or entity or conduct any misleading and fraudulent activities.
- Harvest or collect personally identifiable information of other users from the Service without their express consent.
- Defame, abuse, harass, threaten or otherwise violate the legal rights of others.
- Engage in any other illegal or fraudulent misconduct or unlawful activity.
Haute Monde® Dress, Jacket, Skirt, Bodysuit, Jumpsuit reserves the right at all times to monitor, review, retain and disclose any User Content or information as necessary to satisfy any applicable law, regulation, legal process or governmental request. We reserve the right to remove any User Content from the Service without notice and at our sole discretion.
Order Processing and Delivery
When placing an order through our Service, you agree to provide accurate and complete information and a valid method of payment. We reserve the right to reject or cancel any order prior to shipment for reasons such as unavailability of goods, errors in product information, inaccuracies in pricing or payment method, or problems identified by our credit or fraud departments. If we cancel an order where payment has already been made, we will issue a refund consistent with our refund policy stated below.
We make every effort to deliver your order according to the estimates provided when you place your order. However, delays are occasionally inevitable due to unforeseen factors. We will keep you informed of any delays and will deliver your order as soon as possible within the timeframe specified.
Risk and responsibility are transferred to you when we transfer the goods to the carrier. We are not liable for any loss or damage in transit after the goods are shipped. We will provide a proof of shipment with carrier tracking information. It is your responsibility to notify us within 3 days if you do not receive your order. Claims made after 3 days may not be eligible for replacement or refund.
For digital goods or services, delivery will be deemed to have occurred when the item is made available for download or streaming by you.
Refund and Returns Policy
Returns Due to Our Error: If we made a mistake on your order, such as sending the incorrect item, wrong size, defective or damaged item etc., we will happily accept returns or exchanges. Please contact us within 14 days of receiving your order and we will provide you a prepaid return label to send back the item. Once we receive the returned item in its original condition, we will issue a full refund of your purchase price and original shipping costs.
Returns Due to Your Error: If you ordered the incorrect size, decided you do not like the item, or changed your mind and no longer need the item, you may return most items within 14 days of the original purchase date for a full refund of your purchase price. You will be responsible for the return shipping costs. Items must be returned in their original condition with tags still attached. Undergarments, swimwear, special occasion items and personalized items cannot be returned.
Receipt of Damaged or Defective Items: If you receive a damaged or defective item, please contact us within 3 days and provide photos showing the damage or defect. We will arrange for a replacement item or refund at our cost.
Late, Lost or Damaged Shipments: If you do not receive your order within the estimated delivery timeframe, if it is lost during transit, or if it is visibly damaged on arrival, please contact us immediately so we can investigate and make it right. In such cases, we will arrange for a replacement or full refund at our cost.
Return Process: To initiate a return, please email us at [email protected]. Please include your order confirmation number and the reason for return. We will respond with a Return Authorization Number and return instructions. All items should be properly packaged with original tags attached and returned within 30 days of receiving Return Authorization. Only items returned according to our policy and with Return Authorization will be accepted. Returns sent to us without authorization may not qualify for refund or replacement.
Refund Timeframe: We will notify you once we have received and processed your returned item. Approved refunds may take up to 7 – 10 business days to reflect in your original payment method. Credit card refunds may take an additional 2 – 3 days for your bank to post it to your account.
Sale Items: Special promotions, discounts, and sale items may have different terms as stated in the offer.
We reserve the right to refuse a refund request for any reason if we find it to be fraudulent or not in compliance with our policies.
Payments
All payments for goods and services offered through the Service must be made through the payment channels integrated in the Service. All transactions are processed by third-party payment gateways and service providers. We do not directly collect or store your credit/debit card information. Payment providers follow required security standards to protect your payment information.
You authorize us to store and continue billing your chosen payment method (such as credit card) even when you are not actively using our Service, unless you specifically request us to stop recurring billing.
We reserve the right to disable your account if a payment is disputed or charged back by the payment provider. Accounts with outstanding dues may be sent to collections agencies.
Subscriptions
The Service may offer various subscription plans for accessing certain features, content or services. You can select and subscribe to the plan that suits your needs.
Your subscription will continue month-to-month or renew at the then applicable rates, until cancelled. We reserve the right to change subscription fees or billing cycles by notifying you in advance prior to your renewal date.
Subscription automatically renews unless cancelled through your account or by contacting us before renewal date. You must cancel the subscription before it renews to avoid billing of the next renewal fee to your payment method on file. We do not provide refunds for partial subscription periods or unutilized subscriptions.
Free Trials
We may offer free trials for new users to access certain subscription plans for limited time periods. At the end of the free trial period, your subscription will automatically begin billing at the standard monthly rate (or other billing cycle) for your selected plan.
To avoid being charged, you must cancel your subscription before the free trial ends. Instructions for cancelling can be found in your account settings or by contacting us.
If you initiate a chargeback or reversal on your subscription fee, your account may be permanently closed and legal action may be taken. We reserve the right to cancel, suspend or block accounts that engage in abusive billing disputes.
Termination of Service
You may terminate your Account and stop using the Services at any time by contacting us at [email protected]. Please retain proof of cancellation request.
We reserve the right, without notice and at our sole discretion, to terminate your right to access or use the Services for any or no reason, and to block or prevent your future access to and use of the Services.
Accounts that remain inactive for extended periods may be terminated and future access revoked. We reserve the right to retain and access any data associated with terminated accounts for legal compliance or fraud prevention purposes.
Upon any termination, all your rights under these Terms immediately cease and your subscription will be cancelled. We shall not be liable to you nor any third party for any claims or damages arising out of termination or suspension or any cessation of your rights hereunder.
Disclaimers and Limitation of Liability
No Warranties: THE SERVICE AND ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY ARISING OUT OF ANY PROPOSAL, SPECIFICATION, OR SAMPLE.
Not Responsible for Conduct: IN NO EVENT SHALL HAUTE MONDE® DRESS, JACKET, SKIRT, BODYSUI, JUMPSUIT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS OR CONTACTS BETWEEN USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
No Liability for Conduct: HAUTE MONDE® DRESS, JACKET, SKIRT, BODYSUI, JUMPSUIT SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM CONDUCT BY ANY OTHER USERS OR THIRD PARTIES.
Limitation of Liability: IN NO EVENT SHALL HAUTE MONDE® DRESS, JACKET, SKIRT, BODYSUI, JUMPSUIT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE THOUSAND DOLLARS ($1,000).
Exclusions: CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES AND DAMAGES. ACCORDINGLY, SOME OF THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THESE TERMS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Indemnification
You agree to defend, indemnify, and hold harmless Haute Monde® Dress, Jacket, Skirt, Bodysuit, Jumpsuit, its directors, officers, employees, agents, and affiliates from any damages, liabilities, claims, and expenses, including reasonable attorneys’ fees, made by third parties arising out of: (i) your improper use of the Services; (ii) your breach of these Terms; (iii) any allegation that any User Content you submit to us infringes or otherwise violates the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and (iv) any activities conducted through your account.
Intellectual Property Rights
“HAUTE MONDE® DRESS, JACKET, SKIRT, BODYSUI, JUMPSUIT”, the Service, and all content therein, including the Haute Monde® Dress, Jacket, Skirt, Bodysuit, Jumpsuit logos, designs, text, graphics, software, photos, video, music, sounds and other files, and their selection and arrangement are the proprietary property of Haute Monde® Dress, Jacket, Skirt, Bodysuit, Jumpsuit and our licensors, and are protected by copyright, trademark and other intellectual property laws.
You may access, copy, download, and print materials on the Services solely for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary rights notices. Any other use of content on the Services without our prior written permission is strictly prohibited.
Copyright and Trademark Disputes
Please let us know about any copyright or trademark violation by contacting us at [email protected]. For claims of intellectual property infringement, provide the following information to us and we will investigate it:
- Identification of the copyrighted work or trademark claimed to be infringed.
- Identification of the allegedly infringing content on our Services that is requested to be removed.
- Your name, email address and phone number.
- A statement that you have a good faith belief the use of the content is not authorized by the copyright owner, agent or applicable law.
- A statement, under penalty of perjury, that the information you provide is accurate and you are authorized to make the complaint on behalf of the copyright or trademark owner.
- A signature or the electronic equivalent from the copyright or trademark holder or authorized representative.
Privacy Policy
Please review our Privacy Policy which describes how we collect, use, and share information about you through your access to and use of the Services. The Privacy Policy is incorporated by reference into these Terms.
Governing Law and Jurisdiction
These Terms and any dispute between you and Haute Monde® Dress, Jacket, Skirt, Bodysuit, Jumpsuit shall be governed by and construed in accordance with the laws of the State of New York, United States, without giving effect to any principles of conflicts of law. You agree that any dispute arising from or relating to the subject matter of these Terms shall be resolved in binding arbitration in the State of New York, United States.
Severability
If any provision of these Terms is found illegal or unenforceable, then it will be deemed amended to the extent necessary to make it enforceable, or, if not possible, then the offending provision will be stricken (without affecting the enforceability of the remaining provisions).
Assignment
These Terms, and any rights granted hereunder, may not be transferred or assigned by you but may be assigned by Haute Monde® Dress, Jacket, Skirt, Bodysuit, Jumpsuit without restriction or notification.
Waiver
No waiver by Haute Monde® Dress, Jacket, Skirt, Bodysuit, Jumpsuit of any term shall be deemed a further or continuing waiver of such term or any other term. A party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by the waiving party.
Entire Agreement
These Terms (including the incorporated Privacy Policy) constitutes the entire agreement between you and Haute Monde® Dress, Jacket, Skirt, Bodysuit, Jumpsuit with respect to the Service and supersedes any prior or contemporaneous agreements.