ADDITIONAL TERMS OF USE FOR BUYERS (AND BROWSERS)

Last Modified: November 28, 2017

 

If you are interested in browsing fashion items on the Platform and/or purchasing items on the Platform, please review these Additional Terms of Use for Buyers in addition to the general Terms of Use (which define terms used below) posted here. By creating a user account on the Platform, you also accept and agree to be bound and abide by these Additional Terms of Use for Buyers, plus any changes to these terms if you continue to use your user account after they are modified. If you do not agree to these Additional Terms of Use for Buyers, do not create or use a user account.

 

User Accounts

 

You can access some features of the Platform without an account, but you must have a user account to fill out the style questionnaire, browse recommended styles, and make a purchase on the Platform.

 

You can set up a user account by providing a unique username and password or logging in using a supported third-party account, such as Facebook or Google ID. Once you log in, you can complete a short style questionnaire that will help us match your style preferences with our unique boutique offerings. Your responses to the questionnaire will be saved in your account, and you can modify and update your responses at any time.

 

You have the option to make your profile public or private. If you make your profile public, other users, including buyers, browsers, and boutiques, can view your profile and follow your User Contributions on the Platform. If you keep your profile private, your account information will not be shared with other users, except to the extent required to facilitate purchases that you make on the Platform.

 

User Contributions

 

We are endeavoring to create a community around fashion, and there are many places on the Platform that you can engage with other users of the Platform by posting comments, reviews, photos, and other feedback (“User Contributions”). We also want you to feel safe and in control of how you are interacting with the Platform and other users. Therefore, we encourage you to use the privacy settings available in your account to decide who can see your User Contributions and be mindful of what you are posting on the Platform. For more information about your User Contributions, please see our Terms of Use here.

 

Order Acceptance and Cancellation

 

If you place an order to purchase an item on the Platform, you agree that your order is an offer to buy all items listed in your order. All orders must be accepted by the merchant or it will not be obligated to sell the items to you. The merchant may choose not to accept orders at its sole discretion, even after it sends you a confirmation email with your order number and details of the items you have ordered.

 

Prices and Payment Terms

 

All prices posted on the Platform are subject to change without notice. The price charged for an item will be the price in effect at the time the order is placed and will be sent out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes, and all applicable taxes will be added during the ordering process and listed in your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability, which we reserve the right to correct at any time and to cancel any orders arising from such occurrences.

 

Payment must be received by us before the merchant will be instructed to accept your order. Payments are processed through Stripe, and Stripe’s terms and policies govern all payments made on the Platform.

 

Shipping

 

The merchant will arrange for shipment of the items that you purchase to you according to the merchant’s Shipping Policy posted on its website. Title and risk of loss pass to you upon the merchant’s transfer of the items to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments or orders that you do not receive. If you do not receive an order, contact the merchant directly using the contact information on the merchant’s profile page.

 

Returns, Exchanges, and Refunds

 

Returns, exchanges, and refunds are handled in accordance with the selling merchant’s policies posted on its website. For questions or concerns related to any purchased items, please contact the merchant directly. The Company is not responsible for the policies or actions of any merchant on the Platform.

 

Manufacturer’s Warranty

 

We do not manufacture or control any of the items offered on our Platform. The availability of items through our Platform does not indicate an affiliation with or endorsement of any item or manufacturer. Accordingly, we do not provide any warranties with respect to the items offered on our Platform.

 

Accessing and Downloading the Application

 

The following applies when you access or download the Company’s Couture Lane mobile application (“Application”) through a store such as the Apple App Store or Google Play:

 

  • You acknowledge and agree that (i) this agreement is concluded between you and the Company only, and not Apple, Google, or any other third-party (“Download Provider”), and (ii) the Company, not the Download Provider, is solely responsible for the Application and content thereof. Your use of the Application must comply with the terms and conditions of the Download Provider, which you are responsible to review from time to time.
  • You acknowledge that the Download Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
  • In the event of any failure of the Application to conform to any applicable warranty, you may notify the Download Provider, and the Download Provider will refund the purchase price for the Application to you and to the maximum extent permitted by applicable law, the Download Provider will have no other warranty obligation whatsoever with respect to the Application. As between the Company and the Download Provider, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.
  • You and the Company acknowledge that, as between the Company and the Download Provider, the Download Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • You and the Company acknowledge and agree that the Download Provider, and the Download Provider’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the Application, and that, upon your acceptance of the terms and conditions of this Agreement, the Download Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the Application against you as a third party beneficiary thereof.
  • Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the Application.

 

Force Majeure

 

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these terms, for any failure or delay in our performance under these terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, or national emergency.

 

Delete Account

 

You may stop using your user account at any time without penalty. You may also delete your user account at any time within your account settings on the Platform or by emailing a request to delete your account to customers@couturelane.com. Once your account is deleted, we may not be able to recover any information related to your account.

 

If you have any questions, please contact us via email at legal@couturelane.com.