1. Acceptance of Terms of Use Welcome to Girl Meets Dress! These Terms of Use & Service and any other rules posted on our Sites (collectively, the "TOS") govern your use of Girlmeetsdress.com (the "Site") and the Girl Meets Dress service and sale of products (the "Service"). By using the Service or visiting or browsing the Site, you accept these Terms of Use and any modifications that may be made to the Terms of Use from time to time; if you do not agree to these Terms of Use you should not use the Service, or visit or browse the Site. These Terms of Use constitute a binding legal agreement between you and Girl Meets Dress. ("Girl Meets Dress," "we," "us," and "our"). Please read them carefully. 2. Modifications to Terms of Use We reserve the right to modify these Terms of Use at any time and in any manner at our sole discretion. Notice of any modification of these Terms of Use will be posted in this section of the Site, and any such modifications will be effective upon the posting of such notice. Your continued use of the Site constitutes your binding acceptance of such modifications. Please check this section of the Site before using the Site to determine whether a change has been made to these Terms of Use. If you do not agree to any changes in the Terms of Use as they may occur, please arrange to terminate your registration with the Site immediately (a) by notifying Girl Meets Dress of your unwillingness to accept the changes to the Terms of Use and Service by emailing enquiries@girlmeetsdress.com or calling us on UK +44 (0)207 498 9131; and (b) by discontinuing your use of the Service and the Site. You agree that we shall not be liable to you or to any third party for any modification of the Terms of Use. 3. The Girl Meets Dress Service The Service allows customers to access the Site and purchase or borrow products from Girl Meets Dress in accordance with these Terms of Use. The customer can choose products to borrow from our expansive on-line selection, and have them shipped to the customer's address. This is done with a return date. We reserve the right to limit the number of items that a member may borrow at any time. The currently available borrowing options and rates, are outlined in detail on the Site. Also, the current shipping policies governing the delivery and return of products are detailed on the Site. Delivery time for products you have selected to borrow may vary based upon (a) inventory availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery. Accordingly, Girl Meets Dress makes no guarantees as to actual delivery time. The risk of loss for items shipped passes to you upon our delivery to the carrier. We will send you an email letting you know when your product is shipped. If a product is returned in a damaged or dirty condition that exceeds normal wear and tear, as determined by Girl Meets Dress in its sole discretion, you agree that Girl Meets Dress may invoice you for the full cost of replacing such product as well as charge you the full amount of any lost earnings or incurred costs resulting from the damage. The product replacement fee will vary depending on the specifics of each dress and its amount is to the full discretion of Girl Meets Dress. Under no circumstances are customers to attempt to clean any products themselves (i.e. dresses, bags, etc) by any means (dry cleaned or otherwise). If done so, Girl Meets Dress reserves the right to invoice for part or full replacement value of the items and charge you the full amount of any potential lost earnings or incurred costs regardless of whether any damage has been caused. Any discounts, vouchers or offers made available on the site or through third party channels which are redeemable on the Girl Meets Dress site are subject to change without notice. It is hereby confirmed that only one may be used at a time; this also will be subject to change at Girl Meets Dress' discretion The £10 off Welcome Voucher we offer is only valid on items ordered to rent. This code can be used for UK deliveries only and for the hire of dresses with a value of over £50. The discount is not valid on any item for purchase on the Girl Meets Dress website. The voucher must only be used by a customer who has not rented from Girl Meets Dress previously. The voucher must not be used in conjunction with any other promotion code. Girl Meets Dress reserves the right to cancel the discount after an order has been, should the code be used incorrectly, not following the conditions in our policy. If a further payment then needs to be made to Girl Meets Dress before the order can be dispatched, an invoice will be sent by email to the customer and this must be paid before we ship the item. 4. Billing When you borrow a dress you will be required to provide Girl Meets Dress with accurate, complete and current credit card information for a valid credit card that you are authorized to use. By signing up for the Service, you authorize Girl Meets Dress or its agent to bill your credit card the applicable fees, per-item or borrowing fees, shipping charges, any and all applicable taxes, and any other charges you may incur in connection with your use of the Service. The applicable fees will be charged to your credit card on the date your purchase is made. If your dress is not returned on the due return date agreed when the purchase was made, Girl Meets Dress will charge your credit card for each overdue day, at the rate set for that dress as stated on the site, until a return shipment has been booked by the customer and Girl Meets Dress are notified by the courier company. If Girl Meets Dress does not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Girl Meets Dress reserves the right to take all steps necessary to collect amounts due from you, including but not limited to using third party collection agencies. Girl Meets Dress reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. We may modify the price, content, or nature of the Service at any time. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the Site. 5. Cancellation: Costs and Refunds You may return a rented product and obtain a refund. There is a form inside each box for you to fill out to request a refund. If you do not wish to wear ANY of the items in the box, you must deposit the box for return at your local post office from within 24 hours of receiving the box. Most post office's close at 5pm. Unless otherwise approved by Girl Meets Dress. Should the box be kept for more than 24 hours by the customer, but expects a full refund on all dresses - Girl Meets Dress reserves the right to charge the full rental fee for the dress with the highest rental 2 night value. Please contact customersupport@girlmeetsdress.com Girl Meets Dress reserves the right to process a refund within 14 days of a request for a refund unless the order is being disputed. All garment tags MUST remain intact. If you fail to fulfill agreed upon terms, your credit card will be charged for the full, non-discounted fees and charges for the entire period you booked the dress for. All accessories including Hats and Bags are non-refundable. If you wish to cancel your order BEFORE it is delivered, please let us know as soon as you can by contacting customer service on customersupport@girlmeetsdress.com and we will be happy to take care of it for you. If you have not yet received and tried on your dresses, we will happily issue you a full refund up to 4 weeks before your event date minus a £20.00 cancellation fee. Within the 4 weeks before your event, GMD credit will be issued for the value of the 1 individual dress with the highest value in your order. The remaining amount will be refunded back onto the card you used. GMD Credit is valid for 3 months from the date of issue. Once you have tried on and confirmed that you wish to wear a dress, including advance try ons, any following cancellations are not eligible for a refund or GMD credit. If you are unclear on any of these terms or have any questions please get in touch by contacting customer service on customersupport@girlmeetsdress.com 6. GirlMeetsDress.com £99 Monthly INFINITE Subscription Membership 6.1.0 GirlMeetsDress.com has a monthly subscription membership which grants you rental access to unlimited dresses all month for £99.There is no registration fee. Conditions do apply. Cancellation To cancel your membership you must notify us by email prior to 14 days before the next payment is due to be deducted. Payment: . When you sign up you will be charged £99 for the first month 6.2.0 Monthly Membership Process 6.3.0 Billing and Payments: Paying By Debit /Credit Card For your convenience, when you become a member with a credit or debit card, all future monthly charges will be automatically charged to your specified card. There is a 1 month minimum policy when you sign up to the membership and your card will be charged £99 every 30 days from the date you first register. Your membership will continue to run unless you cancel your membership. Your membership will continue and payment will be taken each month, whether you decide to hire dresses or not. This will contine to run until the membership is cancelled. 6.4.0 Membership Cancellation Once you cancel the membership, you will not be eligible to place further orders. If your GirlMeetsDress.com membership is terminated for any reason--whether you choose to cancel or if GirlMeetsDress.com cancels your membership for any reason it will be to the descretion of Girl Meets Dress as to whether you can receive further boxes delivered. GirlMeetsDress.com reserves the right to change these terms and conditions at our discretion, and may terminate the credits program at any time. Refunds are at the sole discretion of GirlMeetsDress.com. We will do everything we can to ensure that your membership is as enjoyable and satisfying as possible. However, you are free to cancel your membership any time by contacting us. Refunds are at the sole discretion of GirlMeetsDress.comWe may terminate your membership, without notice, for conduct we believe violates this Agreement or our policies, is harmful to other Members or our business interests, or for an inactive account.
6.5.0 Price and payment 7. Privacy We ("GIRL MEETS DRESS", "we", "our", "us") respect the privacy rights of its online visitors ("you", "your", "yours") and recognise the importance of protecting the information collected about them. We have adopted a corporate wide Privacy Policy that guides how we collect, store, and use the information that you provide us with. As part of our commitment to your privacy rights and security, our website has been certified to Level 1 PCI compliance and supports an 128 bit SSL encryption. 8. Submissions The Site may allow you and other third parties to post reviews or comments concerning the Service or the products we distribute. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Site are those of the respective authors or producers and not of Girl Meets Dress, or its shareholders, directors, officers, or employees. Girl Meets Dress may review and delete any content, in whole or in part, that in the sole judgment of Girl Meets Dress violate these Terms of Use or which might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will Girl Meets Dress , or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Service or the Site. We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a "Submission"), including, without limitation, responses to questionnaires or through postings on message boards on the Site 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 Site and the Service. Furthermore, by posting any Submission on the Site, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by Girl Meets Dress will not infringe on or violate the rights of any third party. Be advised that we do not accept unsolicited materials or ideas for use or publication, and are not responsible for the similarity of any of our content to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our 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. 9. Use Restrictions You will not use the Site or Service to: (a) upload, post, email, or otherwise transmit any Submission that contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (g) upload, post, email, or otherwise 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; (h) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) "stalk" or otherwise harass another; (k) write comments that in any way refer to persons under 18 years of age; or (l) collect or store personal data about other users. 10. Access Limits Unless otherwise specified, the content on the Site is for your personal and non-commercial use; Girl Meets Dress grants you a limited license to access the Site 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 Site without the express written consent of Girl Meets Dress. Any and all unauthorized uses of the Site or the contents therein will terminate the limited license granted to you. Without our express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts), or (b) frame the Site, 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. 11. Disclaimers of Warranties; Limitations on Liability The Service (including the products provided under the Service or purchased through the Site), and the Site and its contents, are provided "as is"; Girl Meets Dress makes no representations or warranties of any kind with respect to the Service, gift cards, products provided with or sold by the Service, the Site, or any contents therein. Girl Meets Dress assumes no liability or responsibility for any errors or omissions in providing the Service or in the content of the Site, any failures, delays, or interruptions in the shipment of products, delivery of any content contained on the Site, any losses or damages arising from the use of the content provided on the Site, goods or services provided by Girl Meets Dress, or any conduct by users of the Site. Girl Meets Dress reserves the right to refuse to ship products in its sole discretion. GIRL MEETS DRESS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE, THE PRODUCTS, AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE, AND NON-INFRINGEMENT. In addition, Girl Meets Dress does not represent or warrant that the information on or accessible via the Site or through the Service is complete or current. GIRL MEETS DRESS'S AND ITS AFFILATES', SUPPLIERS', AND THEIR RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES' AND AGENTS' LIABILITY UNDER THESE TERMS OF USE AND ANY OTHER TERMS AND CONDITIONS (INCLUDING GIFT CARD TERMS AND CONDITIONS) IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. GIRL MEETS DRESS AND ITS AFFILATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. GIRL MEETS DRESS'S AND ITS AFFILATES', SUPPLIERS', AND THEIR RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES' AND AGENTS' TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, THE PRODUCTS, GIFT CARDS, THE SITE OR THESE TERMS OF USE, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE AMOUNTS PAID TO GIRL MEETS DRESS BY YOU UNDER THESE TERMS OF USE. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY GIRL MEETS DRESS TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN UNDER THESE TERMS OF USE. Some states do not allow the foregoing limitations of liability, so they may not apply to you. 12. Indemnity You agree to indemnify and hold Girl Meets Dress, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of these Terms of Use and/or arising from a breach of these Terms of Use. 13. Intellectual Property GIRL MEETS DRESS is a trademark of Girl Meets Dress. All Girl Meets Dress graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Girl Meets Dress. Any trademarks not owned by Girl Meets Dress that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Girl Meets Dress. All content and compilation thereof on the Site, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of Girl Meets Dress, its licensors, or its product suppliers, and is protected by United Kingdom and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission. 14. Termination You agree that we, in our sole discretion, may terminate your password, account, or use of the Service or the Site, and remove and discard any of your Submissions from the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Also, we may, in our sole discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your account and all related information and Submissions made from your account and bar any further access to such information or to the Site. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the Service or your access to the Site. 15. Links and Advertising We may provide, or third parties may provide, links to other Web sites 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. GIRL MEETS DRESS 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 Site, 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 Site. 16. Service Tests Girl Meets Dress tests aspects of its Service from time to time. Girl Meets Dress reserves the right to include you in such tests without notice. 17. Intellectual Property Rights You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the Content as herein described, including Girl Meets Dress Software and all HTML and other code contained in this Site, shall remain at all times vested in Girl Meets Dress and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by Girl Meets Dress and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. 18. Taxes All applicable local, city, and state taxes are your responsibility. You agree to pay these taxes. 19. General Girl Meets Dress's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Site or the Service, you consent to receiving electronic communications from Girl Meets Dress. These communications will include notices about your account (e.g., shipping and receiving emails and other transactional information) and information concerning or related to the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Girl Meets Dressis excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms of Use comprises the entire agreement between you and Girl Meets Dress and supersede all prior agreements between the parties regarding the subject matter contained herein. 20. Accidental Damage Waiver Goods are hired to the customer on the understanding that they shall be returned in an undamaged condition and the customer will be responsible for, and indemnify Girl Meets Dress against, any loss or damage to the goods whilst on hire. Accidental Damage Waiver (ADW) at a cost of £7.00 can be added to all hires, this provides cover for any minor damage while the dress is in the customer's possession. ADW does not cover loss, theft or serious damage. ADW does not cover occasions when we need to make a repair to a dress or clean the dress multiple times in order to rent it again. Dresses damaged will either be be charged a £40 tailor fee or the full replacement fee of the dress. Extra charges will also apply on occasions when the damage to the dress delays or cancels a future customer. This will be charged at the rate of the lost rentals accumulated. These decisions are at the full discretion of Girl Meets Dress and will be followed through. 21. Entire Agreement The TOS (as amended from time to time) constitutes the entire agreement between you and Girl Meets Dress regarding your use of this Site, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Girl Meets Dress in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this Site conflicts with the terms of the TOS, the TOS shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the TOS. You confirm that, in agreeing to accept the TOS, you have not relied on any representation save insofar as the same has expressly been made a representation in the TOS and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the TOS save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the TOS. Effective September 25, 2008 Postal address: 91 Peterborough Road, SW6 3BU London UK. |
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