Services
Clothing Clear Hearts, LLC
REGISTRATION
1.1 Registration is not required to use most of the functions of the Site to access most of the Services. However, registration is required to redeem. This is so that we can provide you with easy access to print your delivery orders, view your past activities and modify your preferences.
1.2 If you are discovered to have registered multiple User Accounts using a single postal mailing address to abuse the Site or system, they will be deleted automatically without prior notification.
1.3 Each person is permitted to register only once, upon which a User Account will be created.
1.4 If you are under 18 years of age, please seek parental consent before registering.
1.5 Registration is only limited to persons who hold a United States postal mailing address.
1.6 Clothing Clear Hearts reserves the right, at its sole discretion, to refuse or revoke registration to any applicant, and we are not obliged to give a reason for doing so.
1.7 You warrant that your registration details, including but not limited to your name, mobile number, email address and date of birth, are true and accurate at all times and that you shall not impersonate any person or entity. You will maintain and promptly update the information in your User Account to keep it true, accurate, current and complete. Our Privacy Policy shall apply in respect of any such information provided by you.
1.8 Once registered, you shall be the sole user and operator of your User Account.
1.9 All User Accounts must be registered with a valid email address that you access regularly, in order that, among other things, moderation emails (where required, including notification emails in respect of registration) and notification emails in respect of redemptions made by you may be sent to you. Any User Accounts which have been registered with temporary email addresses may be closed without notice. We may require Users to re-validate their User Accounts if we believe that they have been registered with an invalid email address.
1.10 All User Accounts must be registered with a valid delivery address in order that any products redeemed by you may be delivered to you at such delivery address. You are responsible to ensure that the delivery address provided in your User Account is correct and accurate.
1.11 If you use multiple logins for the purpose of disrupting a community or annoying other users, you may have action taken against you, including but not limited to suspension of any or all of your User Accounts.
USER ID, PASSWORD AND SECURITY
2.1 In the event that any user ID and/or password is used by you or issued to you by us during the process of your signing up to be a user/member of Clothing Clear Hearts Store, you shall protect the secrecy of such user ID and/or password at all times and shall ensure that the user ID and/or password is not revealed or disclosed in any manner whatsoever to any person. You should change your password from time to time to enhance its security. You shall be fully responsible for all use and liability resulting from access to this Site or Mobile Application with your user ID and/or password. We shall not be responsible for unauthorized transactions incurred by you arising from or in connection with the misuse or disclosure of your user ID and/or password.
2.2 Any passwords or rights given to you to obtain information or other contents are not transferable and may only be used by you. You must keep your password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security is known to you. You agree that any person to whom your user name or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) the Services, the Site and Mobile Application. Maintenance of the confidentiality of your password is your responsibility.
2.3 If you suspect that your password has been compromised in any manner, you shall immediately inform us and change your password.
MAILING ADDRESS AND ADDRESS VERIFICATION
3.1 We may correct your postal address information with standardized postal representation to reduce the chances of misdelivery due to an incorrect or incomplete address.
3.2 Upon submission of your mailing address(es) to Clothing Clear Hearts, you are required to double check the accuracy of the address(es). Clothing Clear Hearts will not be liable for any loss or misdelivery of any product as a result of your provision of a wrong/invalid address.
TITLE AND DELIVERY OF ADDRESS
4.2 All title and risk of loss and damage of products will be passed to you when your order is dispatched by Clothing Clear Hearts.
4.3 Clothing Clear Hearts will deliver the products according to the instructions in your order as accepted by Clothing Clear Hearts. In the event the wrong products are delivered to you, please take a photo of such wrong products and send it to merch@clothingclearhearts.com for verification purposes. Please provide your order number. Upon verification, we will redeliver the correct products (as the case may be) to you. You are not required to return the wrong products to Clothing Clear Hearts.
4.4 For the avoidance of doubt, Clothing Clear Hearts does not deliver products to any address outside of account registration information provided under any circumstances.
COLOR / PRODUCT DESCRIPTION
5.2 The effectiveness of any product varies from case to case. Reviews of products which contain statements in relation to the effectiveness of any products, may be found on the Site or on third party websites. We do not warrant the accuracy of any statements made by the reviewers in such reviews and accordingly we shall not be liable for any inaccuracy or misrepresentation in such reviews.
PAYMENTS
6.1 You represent and warrant that if you are making any payments relating to the Services, any payment information you provided is true, correct and complete.
6.2 You will pay the charges incurred for your use of the Services at the posted rates, including any applicable taxes, via the Site. Payment via the Site shall be completed through PayPal secured payment gateway. You need to agree to PayPal’s terms and conditions for the use of PayPal’s secured payment gateway which may be found at https://www.paypal.com/.
6.3 All payment must be made in full. Clothing Clear Hearts may retain any item for which we have not received payment in full until such time we receive full payment. We also reserve the right to dispose the item in any manner we deem fit in accordance with these Terms and Conditions.
6.4 We do not accept any request to split the payment for one (1) or more products which are made in one (1) or more orders.
CONTESTS
7.1 The Contest is organized by Clothing Clear Hearts.
7.2 Participation in the Contest is subject to these Terms and Conditions (“these Terms and Conditions”).
7.3 By participating in the Contest, each participant accepts and agrees to be bound by these Terms and Conditions, and any amendments, additions, replacements, variations and modifications hereto, which shall be final and binding in all respects. Clothing Clear Hearts reserves the right at its sole discretion to amend, replace, vary and/or modify these Terms and Conditions without notice to the participant. Any non-compliance with or breach of any of these Terms and Conditions may disqualify a participant at any stage of the Contest, and any prizes won may be forfeited, withheld, withdrawn or reclaimed.
7.4 The qualifying period for the Contest will be stated clearly on all communication posts (“Contest Period”).
7.5 To enter the Contest, a participant must follow all instructions stated on the contest postings to register your chance to win.
7.6 A participant who completes the steps listed in the contest postings during the Contest Period will receive ONE entry in the Contest (“Entry”).
7.7 Each participant shall only be entitled to win ONCE in the Contest, regardless of the number of entries submitted by such participant.
7.8 The Contest is open to registered customers, who are aged 13 years old and above. Winners who are below 18 years old will need to be accompanied by a parent or legal guardian when claiming their prize. Employees of Clothing Clear Hearts and their immediate family members (including spouses, children, parents, brothers and sisters) are not eligible to participate in the Contest. Winners will be required to sign a statement confirming their eligibility before prize collection.
7.9 The Contest will be drawn randomly from the pool of Entries at 12a.m eastern time.
7.10 All winners will be announced on Clothing Clear Hearts media platforms. Clothing Clear Hearts decision at all stages of the Contest is final. No enquiries or appeals, verbal or written, shall be entertained. Winners shall present such documentation as Clothing Clear Hearts may require in order for Clothing Clear Hearts Store to verify the identity of the winner and, where applicable, eligibility, of the winner for a prize. If Clothing Clear Hearts Store subsequently determines that a person is in fact not eligible for a prize or to participate in the Contest, for any reason whatsoever, the organising may, in its sole discretion, reclaim such prize and award or dispose of such prize in such manner and/or to such person(s) as Clothing Clear Hearts may deem fit.
7.11 The participants shall be deemed to have accepted any and all decisions by Clothing Clear Hearts concerning, without limitation, these Terms and Conditions, the procedures and regulations of the Contest, the award of prizes and any other matters relating to the Contest, and to have agreed to abide by such decisions, terms and conditions, procedures and regulations.
7.12 Prizes are subject to availability and Clothing Clear Hearts Store reserves the right, at any time and in its sole discretion, to substitute, withdraw, add to or alter, any of the prizes offered under the Contest without notice to the participants. Prizes are not transferable, not refundable and not exchangeable for cash or other items, in full or part, and are not replaceable if lost, damaged or stolen. Clothing Clear Hearts Store accepts no responsibility for any tax or other liability that may arise from the prizes. A winner shall not be entitled to any compensation, benefit or substitution in any form should the prize be forfeited, withheld, unused or reclaimed.
7.14 Clothing Clear Hearts Store reserves the right to withdraw or terminate the Contest at any stage and at any time, if deemed necessary in its sole discretion, without notice or liability to any party.
7.15 All prizes (or their equivalent value) which are not won or remain unclaimed after two months of the date of the Contest will be forfeited.
7.16 By participating in the Contest, a Participant shall be deemed to have given his or her express consent to Clothing Clear Hearts using and/or disclosing such participant’s personal particulars to any person or entity involved in organising, promoting or conducting the Contest, for the purposes of the Contest. Each participant and/or winner in the Contest consents to Clothing Clear Hearts disclosing and/or publishing their names, particulars, personal data and pictures / photographs in any manner which Clothing Clear Hearts may deem fit for publicity and/or advertising purposes in relation to the Contest. The winners in the Contest shall cooperate with and participate in such publicity activity organised by Clothing Clear Hearts without any compensation and in such manner as Clothing Clear Hearts may deem fit. The non-compliance by any participant or winner with this clause shall result in his or her disqualification from the Contest and/or being entitled to receive any prize.
YOUR RESPONSIBILITY
8.1 You shall use the Services subject to the following conditions:
(a) you agree to abide by and comply with these Terms and Conditions at all times;
(b) you agree to abide by and comply with the Terms of Use of clothing clear hearts Terms of Use;
(c) you have provided all information we require in connection with your registration, and such information is accurate and complete.
8.2 You grant us the right to disclose specific information as required by any applicable law, direction of a regulatory authority or stock exchange or pursuant to a court order.
8.3 You acknowledge that incomplete or erroneous information provided by you may result in loss or delay in the delivery of your product to your mailing address.
OUR RESPONSIBILITY
9.1 We will notify you of the charges you have to pay for your use of the Services.
9.2 In providing the Services, we act as an independent contractor and we are not an agent of any Merchant(s) or act in any other capacity unless otherwise specifically stated.
RETURN POLICY FOR ANY SALE OF PRODUCTS
10.1 The required condition for return of any product shall be determined by the relevant Merchant.
10.2 All products are checked by Clothing clear Hearts staff before delivery to ensure that they are in good condition.
10.3 All requests for returns and exchanges of the product shall be directed to the Merchant.
UNCLAIMED DELIVERIES
11.1 If you fail or refuse to:
- accept delivery
- pay for delivery
- collect the product
we may at our sole discretion, where appropriate,
(a) contact you and agree on the appropriate action to take;
(b) dispose the product in any manner we deem fit without being liable to you.
DISCLAIMER AND EXCLUSION OF LIABILITY
12.1 We shall not be liable for all direct, indirect, ancillary or consequential loss or damage, including but not limited to the loss of profits, business and anticipated savings, even if the risk of such loss or damage was brought to our attention, resulting from your use of the Services, products, samples or vouchers, including but not limited to our failure to perform any of our obligations hereunder as a result of circumstances outside our control including but not limited to the outbreak of war, any governmental act, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labour from whatever cause whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any mode of transport or other force majeure, including fire, flood or any acts of God.
12.2 The Services, are provided on an “as is”, “as available” basis without any warranties whether express or implied.
12.3 We give no warranty as to the genuineness or authenticity of any product, from any Merchant.
12.4 You take responsibility for the use of any products taking into consideration the constitution of the person using such products. For the avoidance of doubt, we shall not be liable for any consequence of use of products
15.5 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services, the Site will be free of faults or will be free of error, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at help@clothingclearhearts.com.
12.6 We do not warrant that your use of the Services, the Site will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services, the Site will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services.Access to the Services and the Site may be suspended, restricted or terminated at any time.
12.7 We do not give any warranty that the Services or Site is free from viruses or anything else which may have a harmful effect on any technology.
12.8 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Site from time to time. Your access to the Site and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Site at any time.
12.9 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms of Use.
INDEMNITY
13.1 You shall indemnify and keep us indemnified at all times from and against all demands, claims, actions, suits and proceedings incurred, suffered or sustained by us in connection with the Services performed for you, and pay us damages, costs and interest in connection with such demands, claims, actions, suits or proceedings.
TERMINATION BY US
14.1 We reserve the right to terminate or suspend your User Account and/or the Services at any time without assigning any reason.
14.2 Without prejudice to the generality of the foregoing, we reserve the right to terminate or suspend your use of the Services if:
(a) there is abuse or misuse of the Services by you; or
(b) we are of the reasonable opinion that you have breached any of these Terms and Conditions.
14.3 We shall not be liable to you or to any other party for any damages, losses, cost or expenses howsoever caused by or arising out of such termination or suspension.
14.4 Upon the termination of any User Account, Clothing Clear Hearts Store reserves the right to delete from server(s) any information contained in the Site, including, but not limited to, postings, comments, bookmarks, messages, user ratings and points in account. There will be no refund to any kind on termination and you agree to waive all rights to claim or request of such refund.
APPLICABLE LAW AND JURISDICTION
15. 1 This agreement will be governed, construed, and enforced in accordance with the laws of the State of North Carolina, without regard to the conflict of laws principles thereof, will apply to all matters relating to these Terms and Conditions.
15. 2 You accept and agree to submit to the exclusive jurisdiction of the courts of the State of North Carolina in respect of any dispute or difference arising out of and/or in connection with these Terms and Conditions.