CartMyBrand is an online e-commerce fashion platform which is operated by CartMyBrand LLC, a Delaware, USA based firm, with the sole purpose of “Making Luxury an Affordable Necessity” to all our customers. The website, “www.cartmybrand”, our application for mobile devices (the “Mobile Software”), a payment process whereby CartMyBrand facilitates payment for our products and services using a third-party website (the “Payment Service”), and other interactive customer service solutions (collectively, the “Service”) are all a part of “CartMyBrand”. These Terms of Service (the “Terms”) govern the use of the Service and apply to all customers, visitors, registered users, and others who access the Service (“Users”). Please read these Terms carefully and contact us if you have any questions. If you do not agree to all the terms and conditions of these Terms, then you may not access the Service. By accessing, browsing, and using the Service, you agree that you have read, understood, and accept these Terms and our www.cartmybrand.com (incorporated herein by reference and available on the Website), whether or not you are a registered user of the Service.
Usage of Site
(i) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us;
(ii) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code;
(iii) obtain unauthorized access to any computer system;
(iv) impersonate any other person, including but not limited to, a registered user of this Site or an employee of cartmybrand.com;
(v) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity;
(vi) misrepresent the identity of a user or use a false e-mail address;
(vii) tamper with or obtain access to this Site or any component of this Site;
(viii) conduct fraudulent activities; or
(ix) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
The content of the Service is protected by law, including, without limitation, US copyright law, trademark law, and applicable international treaties. Except as expressly provided by these Terms, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, sublicense, publish, display, download, transmit, or otherwise exploit the content of the Service (including the Mobile Software) in any form by any means without our prior written consent or the consent of our licensors. CartMyBrand does not grant you any licenses, express or implied, to the intellectual property of CartmyBrand or its licensors except as expressly stated in these Terms. CartMyBrand and its third-party licensors or suppliers retain all right, title, and interest in and to the Service.
Access to cartmybrand.com is restricted and is subject to your registration with the site. Registration with us will help us deliver a superior experience to you and will allow you to
» Track your order and review past purchases
» Reserve items and join waiting lists
» Shop without entering your address details
» Manage your address book and email settings
» Learn about offline events in your area
» Return pieces easily online
» Receive personalized marketing communication
» Receive members only invites to shopping events and discount codes
Additional Terms And Conditions
The following terms and conditions apply to the applicable features on the site:
(i) return credit. Items that have been returned for a cartmybrand.com due to a product fault will be refunded in the form of online credit (a "online credit") at the original purchase price. Online credit may be redeemed only for the purchase of merchandise on the site and may not be used for the purchase of gift cards or services. Online credit is not transferable and may not be combined with online credit belonging to others. At no time may you purchase, sell or barter any online credit. Online credit is not redeemable for cash, unless required by law. The obligations represented by outstanding online credit may at any time be assigned to and assumed by any affiliate of, or successor to, the present or any future owner of the Cartmybrand.com website, or any third party under contract with such present or future owner. You, as a member, expressly consent to and authorize any such future assignment and assumption of outstanding store credit obligations, and you agree to look solely to such assignee in the event of any such transfer. Return credit may expire if not used for 18 months from the date of issuance
(ii) credit balances. Any credit balance (including a reward balance and/or online credit) can be applied to your next purchase of merchandise from the site and the order of redemption of such credits will be determined by cartmybrand.com. To the extent your credits exceed the amount of your total purchase, the excess credit balance will remain in your account to be applied to your next purchase, subject to the foregoing terms and conditions. If your account and/or membership is terminated for any reason, any credit balances in your account may be cancelled, except as prohibited by law. Account balances are determined by cartmybrand.com and such determination is final.
(iii) emails and postings. The site may provide registered customers with the ability to send email messages to others and to post messages on the site. You are solely responsible for your account, password, profile, messages, notes, text, information, opinions, ideas and any other content you post, upload, submit, publish, or display (hereinafter "post") on or through the site, or transmit to or share with other customer (collectively, the "member content"). Any member content that is posted will not be treated as confidential. cartmybrand.com has the right but not the obligation to monitor and decline, edit, or remove (without notice) all or any portion of any member content for any reason or no reason. If cartmybrand.com chooses at any time, in its sole discretion, to monitor member content, it still has no responsibility for the member content or for the conduct of the member posting member content or to edit or remove any member content, except in compliance with section 14 below. If you are involved in a dispute with one or more members of cartmybrand.Com, you release cartmybrand.Com (including its officers, directors, affiliates, and employees) from claims, demands, and damages (actual and consequential) of every kind arising out of or in any way connected to any dispute.
Under no circumstance shall any disclosure of any member content to cartmybrand.com be subject to any obligation of confidentiality or expectation of compensation or attribution. By submitting any member content to or through cartmybrand.com, you represent and warrant that all your member content will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You represent and warrant that no member content will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for your member content. You represent and warrant to cartmybrand.com that cartmybrand.com is free to use the member content, and implement any suggestions contained therein, if it so desires, as provided or as modified by cartmybrand.com, without obtaining permission or license from any third party and without any compensation to you.
Accuracy of Content; Limitations on Quantity
Excluding Member Content, the information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to:
(i) revoke any stated offer;
(ii) correct any errors, inaccuracies, or omission; and
(iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law.) We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, or terminate an event, promotion, or Boutique at any time without notice (including after an order has been submitted and/or acknowledged). The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available. If a product offered by us is not as described, your sole remedy is to return it subject to the terms of our return policy.
Excluding Member Content, you acknowledge and agree that the content, software, materials and other components (including but not limited to our logos, graphics, videos, music, button icons, and page headers) available on the Site are the property of and/or its affiliates, subsidiaries, or licensors and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from content or materials on the Site.
The Products and Service is controlled and operated by CartMyBrand from within the United States of America. We make no representations that products and materials contained within CartMyBrand are appropriate or available for use in other locations, and access to the Products and Service from locations where such activity is illegal is prohibited. Those who choose to use the Service from other locations do so at their own initiative and are solely responsible for compliance with all applicable laws.
By using this Site, you agree to indemnify, hold harmless, and defend cartmybrand.com, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives, and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with
(i) Your use or misuse of the Site;
(ii) A dispute with a Member;
(iv) Your violation of any law or the rights of a third party; or
(v) Your Member Content. You agree to cooperate as fully as reasonably required in the defense of any claim. cartmybrand.com reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding harmless the EI Indemnitees.
1) cartmybrand.com is not and shall not be at any time responsible or liable for any loss or damage of any kind, including personal injury or death, (whether in tort, contract, or strict liability) arising out of or related to any member content, or to any act or omission by members of the site, by cartmybrand.com or by any third party or by any of the equipment or programming associated with or utilized by the site. Any content submitted by our vendors does not necessarily reflect the opinions or policies of cartmybrand.com.
cartmybrand.com assumes no responsibility for any error, omission, interruption, delay, communications line failure, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, any member content or other member communications. cartmybrand.com is not responsible for any problems or technical malfunction of any telephone or cable network or lines, computer systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on the site, including any injury or damage to member's or other person's computer related to or resulting from participation on or through the site.
The site, its content and all text, images, merchandise, and other information on, accessible from or available through this site are provided on an "as available" and "as is" basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Specifically, but without limitation, cartmybrand.com does not warrant that:
(i) The information available on this site is free of errors;
(ii) The functions contained on this site will be uninterrupted or free of errors;
(iii) Defects will be corrected, or
(iv) This site or the server(s) that makes it available are free of viruses or other harmful components
2) The Products sold through this website are imported into USA and sold worldwide by CartMyBrand LLC. Since these products have been procured through our suppliers, based across the globe, the manufacturer does not warrants the quality of the goods nor provide any after sales service for the goods. However, we would like to assure our customers that all goods are totally authentic and have been bought following all legal channels, and therefore the warranty, the quality and the authenticity of the goods belongs to us, and through us to our suppliers; and we shall provide all warranties and after sales service for the goods so purchased.
Limitation of Liability
In no event shall cartmybrand.com, inc., its parent, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates, or third parties providing information on this site be liable to any user of the site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use the site or any information contained thereon or stored or maintained by cartmybrand.com, whether based upon warranty, contract, tort, or otherwise, even if cartmybrand.com has been advised of or should have known of the possibility of such damages or losses. In no event shall the total liability of cartmybrand.com, its parent, subsidiaries, or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this site to you for all damages, losses, and causes of action resulting from your use of this site, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to cartmybrand.com in connection with the applicable event, promotion or boutique giving rise to such liability. Without limiting the foregoing, in no event shall cartmybrand.com, its parent, subsidiaries or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates, or third parties providing information on this site have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of cartmybrand.com.
Risk of Loss
The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
cartmybrand.com is not affiliated with websites or third parties that sell or advertise our products without a written agreement with us. cartmybrand.com reserves the right to void all service, return, and other policies for orders and cartmybrand.com products that were purchased through unauthorized sellers. cartmybrand.com is not responsible for any representations by unauthorized sellers
Warranties and Authenticity
cartmybrand.com guarantees the authenticity of the products and states to the best of its knowledge all goods are authentic and genuine and have acquired through legal channels. The goods may belong to a different collection or line introduced by the brand owner / registered trademark in another country than compared to product available in USA. Therefore, the goods may not be covered in the same warranty issued by the brand in your country of residence. However, cartmybrand.com provides stands behind the products sold and will offer the after sales services, where applicable, and will exercise a reasonable effort in providing exchanges or replacements for goods and incidences covered under the original manufactures warranty.
Unavailability of site; termination; fraud
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. All content used on the website is either created by cartmybrand.com in house team or provided by our vendors or their affiliates. If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative, and must:
(i) identify the allegedly infringing materials;
(ii) indicate where on the Site the infringing materials are located;
(iii) provide your name and contact information;
(iv) state that you have a good faith belief that the materials are infringing;
(v) state that the information in your claim is accurate; and
(vi) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send this Site a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for further information. Our contact for copyright issues relating to this Site (including the notices and counter-notices) is registered office.