MODA Girl Club - Terms of Service
Date of Last Revision: August 31, 2020
Welcome to the Moda Girl Club!
Moda Lookbook, LLC (“Moda Lookbook,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.modalookbook.com/club (the “Site”) and through its related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time If we do this, we will post the change(s) 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 Services 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 Services 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 of Service.
Access and Use of the Service
Services and Membership Description: The Service is designed to provide women with great clothes (“items”) selected by our personal stylists from time to time (each shipment of items) Once you create an account, you will become a “Member.” For more details about the Service, please see www.modalookbook/club. With each Fashion Box, you have five (7) days after it is delivered to review the selection of items and try them on (“try-on period”). Fashion Box that we ship to you will include a non-refundable $20, unless you choose 3 or more items from your Fashion Box at which time your Styling Fee will be waived. We charge you for all items not returned in accordance with the Return Policy, below, at the end of the try-on period, although we may bill you earlier in certain circumstances (for example, if you return your Box before the try-on period is over, if you request us to, if we have reason to believe that the order is fraudulent, if there has been a pattern of credit issues, or if we notify you that we will do so). There are no order minimums or long-term ordering commitments. You may suspend your Membership at any time by contacting Moda Lookbook customer support at firstname.lastname@example.org. To protect you and the Moda Girl Club from fraud, Moda Lookbook may contact you from time to time to verify your identity prior to sending you a Fashion Box. You may be asked to provide basic information about yourself to verify your Member account. Upon confirmation of your identity, the Moda Girl Club will send you a Fashion Box. The Moda Girl Club reserves the rights to terminate your membership, to refuse any and all current or future use of the Site or the Service, and not to do business with any Member or anyone else, each as the Moda Girl Club deems appropriate in its sole discretion for any reason.
Return Policy; Shipping: You may return any item from a particular Fashion Box you receive through the Service (in accordance with the instructions below and those provided with such Fashion Box) within five (7) days after it is delivered. For free returns, any items must be returned using the pre-paid return label and box provided by the Moda Girl Club, and items must be unworn (other than “tried-on”), in their original condition and include all original tags and packaging. Shipping is not available to all locations.
Modifications to Service: The Moda Girl Club reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Moda Girl Club will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Applicable Law: The law applicable to the interpretation and construction of these Terms shall be the Federal Arbitration Act, applicable federal laws and the laws of the Commonwealth of Virginia, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to the Gift Cards or use of the Gift Cards, including all disputes, will be governed by the laws of the United States and by the laws of the Commonwealth of Virginia.
General Terms: We reserve the right to make changes to these Terms at any time and will provide notice of such changes if or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Disclaimer of Warranties
The Moda Girl Club makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any clothes, products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
Limitation of Liability
You expressly understand and agree that the Moda Girl Club will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if the Moda Girl Club has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. In no event will the Moda Girl Club’s total liability to you for all damages, losses or causes of action exceed the amount you have paid the Moda Girl Club in the last six (6) months, or, if greater, one hundred dollars ($100).
You agree that the Moda Girl Club, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if the Moda Girl Club believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. The Moda Girl Club may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that the Moda Girl Club may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the Moda Girl Club will not be liable to you or any third-party for any termination of your access to the Service.
These Terms of Service constitute the entire agreement between you and the Moda Girl Club and govern your use of the Service, superseding any prior agreements between you and the Moda Girl Club with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and the Moda Girl Club agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Chicago, Illinois. The failure of the Moda Girl Club to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
At Moda Girl Club, we respect the privacy of our users. We do not share your information and all stored data is held on a secure site.
State & Local Sales Taxes
Taxes charged to your credit card will be calculated based on the applicable state and local sales taxes when your order is billed.