Terms and Conditions
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOU TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
All pages within this Website and any material made available for download (collectively the “Site”) are the property of WearWiz (“WearWiz”) and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of WearWiz. The site for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by WearWiz.
The logos, trademarks, and service marks of WearWiz. All other trademarks, service marks, and logos used on this Site are the trademarks, service marks or logos of their respective owners.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
WearWiz, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Although WearWiz attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform [name of Web site owner] so that it can be corrected. The information contained on the Site may be changed or updated without notice.
WearWiz does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to WearWiz through the Site will be deemed NOT to be confidential. By sending WearWiz any information or material, you grant WearWiz an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that WearWiz is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
To use some of the services or features made available to you on this Site you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address firstname.lastname@example.org We may also change registration requirements from time to time. The account password you provide should be unique and kept secure, and you must notify WearWiz immediately of any breach of security or unauthorized use of your account.
The purchase of merchandise through the WearWiz is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of California. In order to make purchases on the Site, you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
By making an offer to purchase merchandise, you expressly authorized us to perform credit checks and, where WearWiz feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to acceptance and availability, and Items in your shopping cart are not reserved and may be purchased by other customers. WearWiz offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally, however, we may be waiting for shipments from our designer suppliers. Consequently, you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to WearWiz. WearWiz will only take Advance Purchase orders for stock that has been scheduled for delivery by a designer supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at WearWiz. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances, we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.
WearWiz will store a record of your transactions for a minimum of one year.
Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, local sales tax will be charged on all orders (where applicable).
From time to time, prices are subject to change in response to currency exchange rate changes, markdowns, and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.
Tier Promotion Return Policy:
In the event that you make a purchase during a promotion where the total discount you received is dependent on the grand total cost of the order (Buy More, Save More Sale) and you wish to return an item(s), then the discount you qualified for is subjected to change to a lower discount as dictated by the promotion.
Refund will then be recalculated accordingly to reflect promotional terms.
Promo Code Policy:
Promotional or discount codes are limited to one per order and cannot be combined with other discount codes. Promo codes cannot be applied to past orders.
Once you place an order, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, your order will be accepted upon completion of the packing of your order. The contract between you and WearWiz will be deemed completed when the goods are dispatched to you at which time you will receive a second email containing your tracking number, and confirming that your order has been shipped. The sale contract is therefore concluded in the State of California, USA, and the language of the contract is English.
WearWiz reserves the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, or that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn.
Furthermore, WearWiz reserves right not to process a transaction for any reason or refuse service to anyone at any time at its sole discretion. WearWiz will not be liable to you or any third party by reason of withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on this SITE are accurate, WearWiz may from time to time discover an error in the pricing of products. If WearWiz discovers an error in the pricing of a product in your order, we will let you know as soon as possible. WearWiz shall be under no obligation to accept or fulfill an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, WearWiz will email or telephone you to inform you that your order is not accepted and/or that the relevant part of your order has been canceled. If you have already paid for the goods, WearWiz shall refund the full amount as soon as possible. In the event that products are recalled in transit, v WearWiz will process your refund once the products have been returned to us.
Payment can be made by Visa, MasterCard, American Express, and any other methods which may be clearly advertised on the site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to WearWiz. Payment will be debited and cleared from your account upon completion of the packing of your order by WearWiz. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorization by the card issuer.
If the issuer of your credit/debit card refuses to authorize payment to WearWiz, we will not be liable for any delay or non-delivery. Occasionally, high demand causes us to run out of certain items. If we don't have an item that you have ordered in stock, we'll notify you by email immediately.
11 . Links or Pointers to Other Sites
WearWiz makes no representations whatsoever about any other Website that you may access through this Site. When you access a non-WearWiz Website, please understand that it is independent of J‧ING and that WearWiz has no control over the content on that Website. In addition, a hyperlink to a non- WearWiz Website does not mean that WearWiz endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Los Angeles in the State of California and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
As a condition of your use of this Site, you warrant to WearWiz that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
ELIGIBILITY AND PARTICIPATION
The WearWiz Insider Program will be referred to herein as the “Program”
As of February 20, 2019 (Pacific Standard Time), WearWiz will accept enrollment for customers who sign up for Program membership.
Customers who have an existing account with WearWiz where they have opted-in to receive our e-mail communications will automatically be enrolled in the WearWiz Insider Loyalty Program.
Enrollees must provide their full name, preferred email address and mailing zip code (collectively, the “Member Information) upon signing up at com. E-mail addresses must be valid and customers must opt-in to receive e-mail communications from WearWiz in order to receive the associated benefits listed in the Program.
Program membership ("Membership") is open to all individuals over 16 years old. Commercial customers and others purchasing items for resale are not eligible for membership.
Membership is nontransferable and subject to present and future program rules. Membership is valid only at WearWiz.com. Enrollment becomes effective and acceptance of these terms and conditions begins immediately upon Program enrollment; however, members can opt-out at any time as explained more fully below.
Once a Membership is effective, rewards points will begin to accumulate for all future purchases; past purchases (orders placed prior to the date of Program enrollment) will not be eligible for point acquirement.
The Program is comprised of three (3) tiers: Insider, Elite and VIP (each a “Tier”). Different benefits and perks are associated with each Tier.
New members will automatically be enrolled in the Insider Tier with 50 points. Insider Members automatically enter the Elite Tier once they reach $500 USD in annual spend; Members who reach $2,000 USD in annual spend will be automatically enrolled into the VIP Tier. After accumulating the points required, an email notification will be sent to the provided email confirming the jump to the Elite and VIP Tier ascension(s). Perks and benefits will be active once Tier upgrade becomes official. Tier rankings are valid for one rolling calendar year based on members annual spend. Annual Tier re-qualification is required.
Tier re-qualification: Tier Members must spend the required amounts to maintain their eligible Tier Status if they wish to retain associated Program benefits and perks.
Returns will result in the deduction of points accumulated at the time of purchase, so purchases placed during or within a Double- or Triple-Point promotional periods will receive double or triple the points deducted from their “balance” based on items being returned.
EARNING POINTS AND REWARDS
Make a qualifying purchase by logging in to your Program account. A “Qualifying Purchase” is a purchase (excluding gift cards, taxes, and/or shipping) made by an enrolled member at WearWiz.com, excluding returns or credit adjustments.
All Tier Members receive one (1) point for every US dollar spent on Qualifying Purchases, except during certain promotional periods WearWiz indicates otherwise.
No points will be earned for any purchases made outside of WearWiz.com.
For every 250 points earned, members will receive $5 USD in redeemable credit; 500 points amount to $15 USD in redeemable credit; 1000 points amount to $30 USD in redeemable credit; 1500 points amount to $50 USD in redeemable credit; 2000 points amount to $100 USD in redeemable credit towards your next WearWiz.com purchase. Members may choose to redeem these credits or allow them to accumulate for a bigger purchase.
Special promotions may be offered where additional points may be earned under certain conditions.
Points will post to member’s account within approximately 24-hours from purchase or on-line purchase shipment. No adjustments to member’s account ("Account") will be made after 18 days from the actual purchase date.
Point calculations are based upon dollars spent at checkout on Qualifying Purchases less any US dollars spent on gift cards, sales tax, state fees, shipping charges, delivery charges or return fees.
Members do not earn points for cancelled orders or purchases made with redeemed points. Other exclusions may apply.
It may take up to 24-hours from when the rewards points post for a Reward to be available for use.
Points expire a year from the date they are earned.
Points and rewards may be used in conjunction with other promo codes. If the total points redeemed exceeds the purchase amount, no change will be provided and any award amount over the purchase price will be forfeited.
Rewards may be used in conjunction with most other discounts or offers toward the purchase of products. Some exclusions may apply.
Rewards are not valid on prior purchases and certain products/services. Rewards are not redeemable for cash and no change/currency will be given for certificate redemption. Members may be notified of additional ineligible products and services. Other restrictions may apply. Lost, stolen or expired Rewards will not be replaced.
Rewards do not constitute property of the member. Rewards are not transferable by the member (i) upon death, (ii) as part of a domestic relations matter or (iii) otherwise.
All rewards points and subsequent Rewards must be earned and used according to the terms and conditions of the Program. WearWiz has the right to make the final decision on whether a purchase qualifies for the Program.
From time to time, WearWiz may provide members with special offers. Each special offer will vary and there are no guaranties regarding the quantity or special offers. Exclusions apply and will be disclosed with each special offer.
Insider Members will receive free S. Continental ground shipping on minimum purchases of $99 USD (exclusive of taxes and/or shipping) made at WearWiz.com.
Elite Members will receive free 3-day shipping & returns on orders over $99 USD.
VIP Members will receive free 2-day shipping and returns on any orders made on WearWiz.com on orders $99 USD and over.
If an order is placed when the Membership is in the Insider Tier, the shipping offer in place with regards to the Tier level the Member is in at the time of the purchase will be applied, even if an upgrade to Elite Tier becomes effective before your order is shipped. International shipping is a flat fee of $25 USD to Mexico, Canada and all other countries.
Shipping to Alaska, Hawaii, or any other territories outside the Continental U.S. are a flat fee of $25 USD.
Returns from the Continental U.S. are free and returns from Mexico, Canada and China must be shipped back to WearWiz at the customers expense.
WearWiz does not offer returns from other countries.
OTHER TERMS AND CONDITIONS
By becoming a member of the Program, members agree to receive advertising, marketing materials and other communications from WearWiz except where expressly disallowed as a profile preference.
The WearWiz logo, the Program logo and other logos and taglines are the intellectual property of WearWiz. Membership rules are void to the extent where prohibited by law.
Taxes may apply where required by law.
WearWiz may change the Program rules, regulations, benefits, conditions of participation, or point levels for rewards, in whole or in part, at any time and without notice, even though changes may affect the value of the rewards points already accumulated. WearWiz may change or terminate program partners, withdraw, limit, modify or cancel any reward, increase the rewards points required for any reward, modify or regulate the transfer-ability of rewards or benefits, institute or add reward blackout dates or limit the number of rewards for use by any one individual on any one purchase.
WearWiz may, at any time, terminate or modify the Program and program rules without any further obligations to members.
Abuse of the Program, including failure to follow program policies and procedures, the sale or barter of Rewards, product, rewards points or promotional offers, using multiple Rewards accounts in an effort to abuse the Program, and any misrepresentation of fact relating thereto or other improper conduct as determined by WearWiz in its sole judgment, may result in cancellation of the member’s account and future disqualification from program participation, forfeiture of all rewards points accrued, cancellation of previously issued but unused reward Rewards, and termination of the business relationship with WearWiz. In connection with the enforcement of any of the terms and conditions governing the Program, WearWiz reserves the right to take appropriate legal action, as it deems necessary, and to recover damages, attorneys’ fees and court costs.
WearWiz reserves the right to interpret and apply the policies and procedures communicated in these terms and conditions. All determinations by WearWiz shall be final and conclusive in each case. These terms and conditions supersede all previously published terms and conditions.
A member can view his or her account activity online on the website. For information about an individual account or any other program-related questions or information, please contact WearWiz by email at email@example.com
WearWiz reserves the right to make Program points and promotional offers available to select members based on purchase activity, geographic location, program participation, or information supplied by the member.
A member may cancel his or her Membership at any time by notifying WearWiz by email or telephone. If a member cancels his or her Membership, the member’s rewards points will remain valid until their annual expiration, but once the rewards points expire they cannot be renewed even if a member chooses to renew their Membership. Any purchases made by a former member after cancelling Membership will not earn new rewards points. Any unused or pending Rewards will immediately become null and void once Membership is terminated. WearWiz, in its sole discretion reserves the right to cancel an individual Membership.
PHOTO REVIEW SUBMISSIONS
Reviews must be on items purchased as WearWiz Insider account holder in order to qualify. Only one gift card per item reviewed, and must be verified as the associated Insider account email; no emails will be made public and will only be viewed by WearWiz.
Customer may leave a review for each item available in Insider account’s purchase history and receive up to 250 Reward points PER ITEM reviewed; we will not reward double-reviews by a single customer on a single item.
Conditions may apply and are subject to change. WearWiz reserves the right to change the terms of this promotion.
All gift card rewards will not be redeemed for cash and can only be used to purchase WearWiz products.
MEMBER HEREBY RELEASES WearWiz AND ITS AFFILIATE ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM OR RELATING TO THE PROGRAM, MEMBER'S MEMBERSHIP IN THE PROGRAM OR THIS AGREEMENT.