Terms & Conditions
1. About Us
Misscloth is dedicated to create a shopping community featuring independent fashion designers. Misscloth offers the lastest street style dresses, tops, bottoms, outerwear & more We are committed to provide shoppers with original, high quality, and exclusive fashion products from individual designers.Reach us anytime at [email protected].
For any other type of purchases, these terms are an agreement between you and Misscloth.com and goods and/or services will be delivered by Misscloth.com directly.
These terms andconditions govern your use of this website; by using this website, you acceptthese terms and conditions in full. If you disagree with these terms andconditions or any part of these terms and conditions, you must not use thiswebsite.
You must be atleast 18 years of age to use this website. By using this website and byagreeing to these terms and conditions you warrant and represent that you areat least 18 years of age.
3. License to use website
Unless otherwisestated, Misscloth and/or its licensors own the intellectual property rights inthe website and material on the website. Subject to the license below, all these intellectual property rights arereserved.
You may view,download for caching purposes only, and print pages or OTHER CONTENT from thewebsite for your own personal use, subject to the restrictions set out belowand elsewhere in these terms and conditions.
You must not:• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website [except for content specifically and expressly made available for redistribution.
You must not usethis website in any way that causes, or may cause, damage to the website orimpairment of the availability or accessibility of the website; or in any waywhich is unlawful, illegal, fraudulent or harmful, or in connection with anyunlawful, illegal, fraudulent or harmful purpose or activity.
You must not usethis website to copy, store, host, transmit, send, use, publish or distributeany material which consists of (or is linked to) any spyware, computer virus,Trojan horse, worm, keystroke logger, rootkit or other malicious computersoftware.
You must notconduct any systematic or automated data collection activities (includingwithout limitation scraping, data mining, data extraction and data harvesting)on or in relation to this website without Misscloth’s express written consent.
You must not usethis website to transmit or send unsolicited commercial communications.
You must not usethis website for any purposes related to marketing without Misscloth’s expresswritten consent.
4. User Content
In these terms andconditions, “your user content” means material (including without limitationtext, images, audio material, video material and audio-visual material) thatyou submit to this website, for whatever purpose.
You grant to Missclotha worldwide, irrevocable, non-exclusive, royalty-free license to use,reproduce, adapt, publish, translate and distribute your user content in anyexisting or future media. You also grantto Misscloth the right to sub-license these rights, and the right to bring anaction for infringement of these rights.
Your user contentmust not be illegal or unlawful, must not infringe any third party's legalrights, and must not be capable of giving rise to legal action whether againstyou or Misscloth or a third party (in each case under any applicable law).
You must not submitany user content to the website that is or has ever been the subject of anythreatened or actual legal proceedings or other similar complaint.
Copyright and otherrelevant intellectual property rights exists on all text relating to theCompany’s services and the full content of this website.
6. Intellectual PropertyInfringement Policy
Nothing in theseTerms constitutes a transfer of any Intellectual Property rights from us toyou.
We own and retain all proprietary rights tothe Site, the Content, and all associated Intellectual Property rights. You arepermitted to use the Site only as authorized by us. As a User, you are granteda limited, non-exclusive, revocable, non-transferable right to use the Site andServices to create, display, use, play, and download Content subject to theseTerms.
Our Intellectual Property must not be usedin connection with a product or service that is not affiliated with us or inany way brings us in disrepute.
You must not modify the physical or digitalcopies of any Content you print off or download in any way, and you must notuse any illustrations, photographs, video or audio, or any graphics separatelyfrom any accompanying text.
7. Limitation of Liability andWarranty
EXCEPTAS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SAME OFEACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT ANDTHE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY Misscloth ON AN “AS IS”BASIS. Misscloth MAKES NO PRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS ORIMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT,MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HERE TO THEFULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Misscloth DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OFMERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE,QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES,MISTAKES OR TYPOGRAPHICAL ERRORS. Misscloth DOES NOT WARRANT THAT THE CONTENTWILL BE UNITERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW,Misscloth WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OFTHIS SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT INCIDENTAL, PUNITIVE,EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTEDBY APPLICABLE LAW, Misscloth’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESSOF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNTOF FEES ACTUALLY PAID BY YOU TO Misscloth DURING THE MONTH IMMEDIATELY PRECEDINGTHE ACT ALLEGEDLY GIVING RISE TO Misscloth’S LIABILITY.
8. Order Acceptance
Please note thatthere may be certain orders that we are unable to accept and must cancel. Missclothreserves the right, at sole discretion, to refuse or cancel any order for anyreason. Some situations that may result in your order being canceled include limitationson quantities available for purchase, inaccuracies or errors in product orpricing information, or problems identified by our credit and fraud avoidancedepartment. We may also require additional verifications or information beforeaccepting any order. We will contact you if all or any portion of your order iscanceled or if additional information is required to accept your order.
Both parties agreethat, following order dispatch, transportation is the sole responsibility ofthe third-party logistics company. During this stage, full ownership of theproduct(s) belongs to the buyer; all associated liability and risks duringtransportation shall be borne by the buyer.
9. Transfer of Title
Titleto the products in your order will be transferred to you when the productsleave our warehouse and are delivered to the carrier for shipment to an addressdesignated by you in the order. All liabilities and risks to the products willalso be transferred to you at that time. By placing an order on this Site, youauthorize Misscloth to engage third party shipping services on your behalf.
10. Typographical Errors
While Misscloth strives to provide accurate product and pricinginformation, pricing or typographical errors may occur. Misscloth cannot confirmthe price of an item until after you order. In the event that an item is listedat an incorrect price or with incorrect information due to an error in pricingor product information, Misscloth shall have the right, at our sole discretion,to refuse or cancel any orders placed for that item. In the event that an itemis mis-priced, Misscloth may, at our discretion, either contact you forinstructions or cancel your order and notify you of such cancellation.
You herebyindemnify Misscloth and undertake to keep Misscloth indemnified against any losses,damages, costs, liabilities and expenses (including without limitation legalexpenses and any amounts paid by Misscloth to a third party in settlement of aclaim or dispute on the advice of Misscloth's legal advisers) incurred or sufferedby Misscloth arising out of any breach by you of any provision of these terms andconditions, or arising out of any claim that you have breached any provision ofthese terms and conditions.
12. Force Majeure
Neither party shallbe liable to the other for any failure to perform any obligation under anyAgreement which is due to an event beyond the control of such party includingbut not limited to any Act of God, terrorism, war, Political insurgence,insurrection, riot, civil unrest, act of civil or military authority, uprising,earthquake, flood or any other natural or manmade eventuality outside of ourcontrol, which causes the termination of an agreement or contract entered into,nor which could have been reasonably foreseen. Any Party affected by such eventshall forthwith inform the other Party of the same and shall use all reasonableendeavours to comply with the terms and conditions of any Agreement containedherein.
You agree that wemay, at any time and at our sole discretion, with or without cause or anynotice to you, terminate your access to the Site. We shall not be liable to youor any third party for any claims or damages arising out of any termination orsuspension or any other actions taken by us in connection therewith.Ifapplicable law requires us to provide notice of termination or cancellation, wemay give prior or subsequent notice by posting it on the Site or by sending acommunication to any address (email or otherwise) that we have for you in ourrecords.
14. Notice of Changes