Types of usersYou may browse the Site or Register Your Interest as a visitor (“Registrant”) or you may be invited to create an account (“Account”) to become a Member (“Member”). You must be a Member to access and use the App, review Collections and purchase Products.
Shipments, Returns, and ExchangesCollection Shipments. By signing up for Membership we will begin sending you Collections. We will send you Products chosen by NB44, at our discretion. Available ship dates are determined at our discretion and may vary based on a variety of factors, including without limitation inventory, geography, and automatic shipping preference. You may also be able to select particular items to be included in your Collection. You will be able to try them on to see what you like. You can decide to keep all, some, or none of the Products in the shipment, and we will charge you for the items you keep as described in the Payment section (below).
Direct Purchases. You may be able to select Products to be delivered separately from a Collection. Such purchases and/or special orders shall be referred to herein as “Direct Purchases.” To place an order for a Direct Purchase, you will be required to follow the purchase process on the Services to submit the order, which we may accept by shipping you the Products.
Data Check. Upon becoming a Member and signing up to receive Collections, we, our payment processing provider or a third party service provider may attempt to verify your address and check for potential fraud. Our third party shipping provider will also be responsible for delivering and picking up your collections at an address you provide. Such third party providers may receive your address information and/or contact you to ensure a smooth delivery and pick up process.
Sending Back Products During the Try-On Period. If you want to send back any of the Products in your Collection, simply place them in the return package we provide and mail them back to us. You may schedule a free of charge pick up through our App or by contacting us. Any Products sent back must be postmarked no later than ten (10) days after you receive the package (the “Try-On Period”) and must be unworn and in the original condition. You will retain title to the Products and risk of loss of the Products will remain with you until we receive the Products and we determine that the Products were returned unworn and in their original condition, at which point you will be deemed to have rejected the Products and title will return to us. We will assume that you have chosen to keep any Products in the Collection that you do not postmark back to us by the end of the Try-On Period, and we will charge your Account for those Products any time after the end of the Try-On Period. Any exceptions permitting a return postmarked later than the end of the Try-On Period must be requested in a timely manner and may be granted at the sole discretion of NB44.
Purchased Item Returns. If you want to return any Products you’ve previously purchased, please contact your NB44 Concierge via the app or via email at [email protected]. Any purchased item returns must be requested in a timely manner and may be granted at the sole discretion of NB44.
Collection Exchanges. If you want to exchange any of the Products in your Collection (e.g., for a different size), you can request an exchange by contacting us at [email protected] or through the Concierge page within the NB44 app. All requests for exchanges must be requested in a timely manner and may be granted at the sole discretion of NB44. If an exchange is available for a particular Product, you may be given the choice to exchange. An exchange may not be available in all cases. If you elect to receive an exchange, return the original Product in the prepaid return package by the end of the Try-On Period. The exchange Product will be sent separately to you. If you fail to return the original Product by the end of the Try-On Period or if the original Product is damaged or shows signs of wear, NB44 may charge you for both the original Product and the exchange Product. If you receive the exchange Product and wish to return it, you can send it back in the pre-paid return package within ten (10) days of your receipt of the exchange Product.
Direct Purchase or Special Order Exchanges. Unfortunately, we cannot guarantee that you will be able to exchange or replace any item. If you want to exchange any item not received in a Collection please contact us and we will look into the availability of a new product.
Legal Details. Your membership, scheduling of a Collection or Direct Purchase is an offer to purchase the Products. We may accept your offer by processing your Membership Fee payment and shipping you the Collection, or by shipping the Direct Purchase. For any reason, we may decline to accept your request for a Collection. If we decline to accept your request for a Collection, we may attempt to notify you at the email address you provided. All Products will be deemed accepted by you upon shipment, and title to and risk of loss passes to you when we provide the Products to a common carrier. Excluding any User Content, we strive to ensure that the information on the Services is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. Products displayed may be out of stock or discontinued, and prices are subject to change. We reserve the right to limit quantities purchased by Members. We do not guarantee that all Products described on our Services will be available. In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase Products, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our Products. We further reserve the right to cease doing business with customers who violate this policy.
Membership Fee and PaymentPrior to shipping you a Collection, we will charge you a non-refundable “Membership Fee” in the amount set forth on the Services. The Membership Fee will be charged to your credit card or other payment method upon approval of your membership and/or sign up. The Membership fee is an annually recurring charge, and will recurring unless otherwise specified. Cancellation of your membership must be provided in writing within 30 days of renewal. Within ten (10) days of receiving your Collection, we request that you send back any Products you don’t want. If you choose to keep Products from your Collection, you will be charged the purchase price of those Products. You may pay for any Products from your Collection via credit card or other payment method then available on the Services. If you have a credit in your Account at the time of processing the Membership Fee or paying for Products, the credit will be applied before we charge your credit card or other payment method then available. By submitting your payment information to us, you authorize us to charge your credit card or other payment method then available in accordance with these Terms. If you receive Collections automatically, you agree that we may charge the Membership Fee to the card or other payment method on file on a recurring basis according to the frequency you selected until you cancel Membership by emailing us at [email protected], from the email address currently associated with your account, stating that you do not want to renew your Membership. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make orders on the Services; however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.
Pricing and Products for CollectionsOther than for Direct Purchases, NB44 does not disclose the prices of its Products until you receive a Collection. While NB44 makes efforts to follow the style and price preferences you express in your Style Board, Onboarding Process, and Registration of Interest we do not guarantee that every item in your Collection will meet those preferences. You are responsible for paying for all Products in your Collection, whether they conform to your Style Board or not, unless you return the Products in accordance with our policies. You are responsible for the payment of any Membership Fees, state and local sales taxes, customs fees, and any other fees incurred that apply to your order where we elect or are required to collect and remit such taxes and fees. If we don’t collect the applicable sales tax, you are responsible for payment of the applicable use taxes. NB44 may provide certain promotions or credits to customers. Depending on the type of promotion or credit offered, it may reduce the amount of state and local sales taxes that apply to your order. The application of the promotion or credit will be reflected on your receipt.
You are solely responsible for Your Content. You assume all risks associated with use of Your Content. You understand that we do not guarantee any confidentiality with respect to Your Content. You may not represent or imply to others that Your Content is in any way provided, sponsored or endorsed by us. We are not obligated to back up Your Content, and Your Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of Your Content if you desire. We will not be liable for the deletion or accuracy of Your Content; the failure to store, transmit, or receive transmission of Your Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. We reserve the right in our sole discretion to pre-screen, refuse, or remove Your Content at any time for any reason. Please make sure that you only provide information to the Services that you are allowed to share without violating any obligations you may have to a third party.
We do not claim any ownership of Your Content. By making available Your Content on or in the Services, you represent that you own or have all rights necessary to make available Your Content to us. You hereby grant, and you represent and warrant that you have the right to grant, to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable license to license, reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your Content (in whole or in part) for the purposes of including Your Content in the Services and operating, developing, providing, and promoting the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content.
General Rules of User ConductYou agree not to (i) take any action or (ii) make available any content on or through the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, pornographic, or profane; ( C) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning of Our Technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Technology.
Right to SuspendNB44 reserves the right, in our discretion, to suspend your Account, your use of the Services or the sending of Collections at any time at our discretion including, as necessary to protect the security or operation of the Services.
FeedbackIn the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products or the Services (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Services or any Products and (b) promote the Services and Products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
Modifications to the Site or ServicesWe reserve the right to modify or discontinue the Services (including Collections) with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the Services.
Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the maximum permitted under such applicable law.
Limitation of LiabilityYou acknowledge and agree that we are only willing to collect payment, facilitate the fulfillment of orders, and provide access to the Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the products or for any information appearing on any other site linked to our Services. If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use of the Services. Our total liability to you for all claims arising from or related to the Services is limited to one hundred dollars (U.S. $100.00).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including without limitation internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
Copyright ViolationsWe respect the intellectual property of others, and we ask you to do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work(s) that you claim to have been infringed;
- Identification of the material on our Services that you claim is infringing and that you request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our copyright agent for notice of claims of copyright infringement on the Services is:
Designated Agent: Copyright Agent
Address of Agent: 120 South El Camino Drive, Beverly Hills, CA 90212
Telephone: (424) 284-3414
Email: [email protected]
It is our policy to disable or terminate your Account if you repeatedly infringe or are repeatedly charged with infringing intellectual property rights.
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.Please read this Section (“Dispute Resolution”) carefully. It is part of your contract with us and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: NB44 Legal Dept., 120 South El Camino Drive, Beverly Hills, CA 90212. After the Notice is received, the parties may attempt to resolve the claim or dispute informally. If the parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If either party pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Waiver of Jury Trial. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes will be resolved by arbitration under this Dispute Resolution section. Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this Dispute Resolution section must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding, including without limitation the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Dispute Resolution section, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Dispute Resolution section are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of this Dispute Resolution section will continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Dispute Resolution section may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Dispute Resolution section.
Survival. This Dispute Resolution section will survive the termination of your relationship with us.
Small Claims Court. Notwithstanding the foregoing, either party may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Dispute Resolution section.
Claims Not Subject to Arbitration. For any claim that by law is not subject to arbitration, we and you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state or federal courts located in Los Angeles, California.
Notice: ViolationsWe may give notice to you by email, a posting on the Services, or other reasonable means. You must give notice to us in writing via email to [email protected] with the subject line “Legal Notice.”
Contact InformationNB44, LLC
120 South El Camino Drive, Beverly Hills, CA 90212