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EXCLUSIVELY PLUS SIZE

#SYDNEY'SCLOSET

Terms and Conditions of Use

General

Please note that your use of the “Site” constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still finds you to these terms.

Next Century reserves the right, in its sole discretion, to change, modify, update or otherwise alter these terms and conditions at any time. Such changes or modifications shall become effective immediately upon the posting thereof. Your use of our Site following any such changes or modifications constitutes your agreement to follow and be bound by the revised terms and conditions. Since Next Century may revise this Agreement at any time, we encourage you to please review the terms and conditions every time you use this site.

Site Contents

Next Century attempts to provide the most recent, accurate, and reliable information on the Site. However, there may be occasions when information on the Site contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability or when an item featured on the Site is no longer in stock or available.

Next Century does not warrant that the information accessible via this web site is accurate, complete or current. Any errors are unintentional and we apologize if erroneous information is reflected in merchandise price or item availability, or in any way affects your individual order.

Next Century reserves the right to correct any errors, inaccuracies or omissions and to change, move, delete or update portions of, or add to, product information and content at any time without prior notice (including after you have submitted your order).

Product Information, Display and Availability

Next Century has made every effort to display accurately the products featured on the Site. However, the colors we use and the capabilities of your computer monitor will affect the colors you see on your screen. Next Century cannot guarantee that your monitor’s display of any color, texture, or merchandise details will be accurate.

Next Century is not responsible for errors made in selecting a dress size and cannot guarantee a dress will fit. It is the sole responsibility of the shopper to use a tape measure to take her measurements properly and then select the size that best fits her based on the size chart for the particular item purchased. Next Century reserves the right to change sizes available and the size charts at any time.

Site Changes

In order to keep the Site current with our latest fashion styles and ideas, Next Century frequently changes the merchandise offered. This means that we cannot guarantee that an item displayed on a previous visit to the Site will still be available when you visit again.

We reserve the right to make changes to the Site without prior notice. Should you be unable to locate an item you saw on a previous visit, please contact us and we will make every effort to meet your needs. Prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States.

Risk of Loss

Risk of loss or transfer of title to the Buyer or customer occurs when Next Century delivers the merchandise ordered to a common carrier in good condition for shipment to the customer.

Other

If any of these terms of use is unlawful, void, or for any reason unenforceable, then that term shall be deemed severable from the other terms and shall not affect the validity and enforceability of any remaining terms.

These terms of use constitute the entire agreement between Next Century, the Site and you relating to the subject matter herein. Next Century shall have the right to change or modify these terms of use at any time.

Returns & Exchanges

All returns and exchanges must have a Return Authorization (RA) and must be post marked within 5 (five) of receiving the items. See our Returns & Exchanges page for more detailed information. 

Anonymous Information

In addition, we collect non-identifiable anonymous information such as your IP address and entry point information in the aggregate. This helps us design and enhance your shopping experience and helps us diagnose problems with our website operations. We only use such information on an aggregate level and do not track information about individuals.

User Comments, Feedback, Postcards and Other Submissions

We welcome your comments and feedback regarding the Site, our products and our services. All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Sydney’s Closet on or by the Site or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, the "Comments") shall be and remain Next Century’s property.

Such disclosure, submission or offer of any Comments shall constitute an assignment to Next Century of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments without payment of any compensation.

Thus, Next Century will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Next Century is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You hereby grant Next Century an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments (other than your name) for any purpose whatsoever.

Acceptable Uses

You may use this site for legitimate shopping purposes only. You may not harm the Site in any way or otherwise use the Site in any improper manner, including, but not limited to hacking into the Site's systems, spoofing or faking e-mail headers or slowing or stopping the functionality of the Site.

In the event you register and/or purchase product, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or Next Century suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, Next Century, in its sole discretion, has the right to not fulfill your order or suspend or terminate your account and refuse any and all current or future use of the site.

If you choose to create a password and account designation upon completing the registration process, you are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Next Century of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Next Century will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Links to Other Web Sites and Services

The Site may include links to other Internet sites maintained by third parties ("Linked Sites"). Access to Linked Sites are provided to you solely as a convenience, and the inclusion of site links does not imply endorsement by Next Century. Your access of any Linked Sites is at your own risk and by accessing them you may leave the Site. Linked sites are not under the control of Next Century and the Site and Next Century and the Site are not responsible for the contents of any Linked Sites

Sizing

The Site and Next Century have no control and accept no responsibility for the sizing you select for your merchandise; however, we will try to do an exchange whenever another size is available. If no size is available we will issue a store credit for the price of the dress only. 

Disclaimer

Except as otherwise expressly provided, this site, and all contents and all products and services are provided on an “as is” basis. ALL PURCHASES ARE “AS IS, WHERE IS.” THAT MEANS NEXT CENTURY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Restricted Use of Materials

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of the Site (collectively, the "Contents") are copyrights, trademarks, trade dress or other intellectual property owned, controlled or licensed by Next Century. The Site as a whole is protected by copyright and and all worldwide rights, titles and interests in and to are owned by Next Century.

The Site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software.

Limitation of Liability

Next Century does not warrant that (1) the contents of this site will be accurate, reliable or free of error (2) that this site or the server that makes it available are free of viruses or other harmful components or (3) that your use of this site will be without interruption.

You use this site at your own risk.

Neither Next Century nor its affiliated or related entities or it vendors or content providers shall be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise) injury, claim or liability of an kind or character whatsoever based upon or resulting from you’re your use or inability to use the Site or any information or materials provided on the Site.

Next Century is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the Site or any materials on the site, or any of Next Century’s Terms of Use, your sole and exclusive remedy is to stop using this site.

Next Century shall not be liable for damages of any kind related to your use of or inability to use the Site, even if Next Century knew, or should have known, of the potential for such damages.

Indemnification

You agree to indemnify, defend, and hold harmless, Next Century, the Site, its affiliates, parents, and their respective officers, directors, employees, agents, licencors, shareholders, representatives, and third party providers to the Site from and against all third party claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. Next Century reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Next Century in asserting any available defenses.

Denial of Access

These Terms of Use constitute an agreement that is effective unless and until terminated by Next Century. If in Next Century’s sole discretion you fail to comply with any term or provision of this agreement, Next Century may deny you access to the Site. In the event of denial of access by Next Century, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. These Terms of Use constitute the entire agreement between you and Next Century relating to the subject matter addressed herein.

Jurisdiction and Governing Law

The site is controlled and operated by Next Century from its offices in the State of Missouri, United States of America. Although the Site can be accessed from other locations, by accessing the Site you agree that these terms of use and any transaction, including sales of product, shall be governed by and construed in accordance with the laws of the State of Missouri without giving effect to its conflicts of law principles. All proceedings relating to the Site, these Terms of Use, or any transaction, including the sale of any products, using the Site, shall be brought only in the state or federal courts of St. Louis County, Missouri or the Eastern District of Missouri, USA, and you and Next Century do hereby consent to the jurisdiction and venue of such courts.

The Site is intended for residents of the United States only. No software from the Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

Termination

All of these terms of use are material. Upon any breach by you of any such term, your right to access, download and otherwise use this site, all materials obtained from this site and all copies thereof shall immediately terminate.

These terms are effective unless and until terminated by either you or Next Century. You may terminate this Agreement at any time. Next Century also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Next Century’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Next Century, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.

International Shipping Policies

You may be subject to import duties and taxes, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by you.  We have no control over these charges and cannot predict what they may be. Custom and import duties are not included in our shipping charges.

Customs policies vary widely from country to country; you should contact your local customs office for further information before you place your order. Additionally, when ordering from sydneyscloset.com you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.

Sydney's Closet reserves the right to approve which countries it will ship to and in the event a country is not approved, the buyer will receive a full refund.

On international shipments, delays may occur that are beyond our control caused by such factors as weather, language barriers, duties, taxes, import restrictions and custom services.

If duties are not paid by on entry to destination country, or the merchandise is refused, Sydney's Closet reserves the right to charge for fees incurred to ship the product back to our facility in St. Louis, MO.

Violation of Terms

You may report any violations of these Terms to us by sending an email to dearsydney@sydneyscloset.com.

 

Or mail us at: 
Sydney's Closet

11840 Dorsett Road

Maryland Heights, MO  63043

 

Effective Date: November 1, 2021

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