Terms & Conditions
Thank you for joining the Send the Trend© . This membership agreement (“Membership Agreement”) governs your use of this website, registration and membership. You have ten (10) days to review the terms of membership contained in this Membership Agreement. If you are not satisfied for any reason, you may cancel your membership at any time.
PLEASE READ THIS MEMBERSHIP AGREEMENT CAREFULLY
By using the Send the Trend©, Inc. website (the "Site"), you agree to follow and be bound by these terms of use (the "Terms of Use") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words "you" and "your" refer to each Client or Site visitor, "we", us" and "our" refer to Send the Trend©, owned by Send the Trend, Inc.
It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. We may modify these Terms of Use at any time without notifying you. If you have any questions about these Terms of Use, please submit them via our feedback form.
Send the Trend is not directed to children under the age of 18. Our website does not accept registration by and we will not knowingly collect personally identifiable information from anyone under 18. We have taken commercially reasonable steps to restrict use of this site to those who are at least 18 years old. We do not sell products for purchase by children and all children's products we sell are for purchase by adults only, or with adult permission. BY USING THE SITE AND REGISTERING FOR MEMBERSHIP, YOU ARE AGREEING THAT YOU ARE AT LEAST 18 YEARS OF AGE OR VISITING THE SITE UNDER THE SUPERVISION OF A PARENT OR GUARDIAN AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
Please also refer to Send the Trend's Privacy Policy and our Shipping, Return and Exchange Policies, which are incorporated by reference into this Membership Agreement.
USE OF THE WEBSITE
Subject to the terms and conditions of this Agreement, Send the Trend© hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your Internet browser only for the purpose of applying for a membership, and shopping for personal items sold or offered on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Send the Trend© in advance and in writing. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you are not permitted to reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Send the Trend© in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Send the Trend© in advance and in writing. Send the Trend© reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Send the Trend© believes that client conduct violates applicable law or is harmful to Send the Trend's interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect the opinions of Send the Trend©. Product representations expressed on this Site are not made by Send the Trend©.
Send the Trend© may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Send the Trend© has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Send the Trend© of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security by using the feedback form.
OWNERSHIP
This Site is owned and operated by Send the Trend©, owned by Send the Trend, Inc. All rights, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by Send the Trend© or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by Send the Trend©, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Send the Trend's intellectual property rights, whether by estoppel, implication or otherwise. You must contact us via info@SendTheTrend if you have any questions about obtaining such licenses. Send the Trend© does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Send the Trend©. Any rights not expressly granted herein are reserved by Send the Trend©.
REGISTRATION AND MEMBERSHIP
In order to enjoy all the benefits of Send the Trend©, you must register and become a registered user ("Registered User"). Registration is easy, and there is no purchase or commitment to register. Simply use your valid e-mail address and create a password to register your profile. You will be prompted to indicate your style preferences from which we will tailor personalized selections to fill your Gallery. You will have the option of making a product selection which will be shipped to you according to our shipping policy, or defer your purchase. The choice is yours. Once you have purchased a product, you will enjoy the convenience of becoming a Send the Trend© member ("Member").
NO PURCHASE COMMITMENT
As a member of Send the Trend©, you'll be able to choose from a customized selection of amazing accessories that fit your look and personal style. Because we are adding new selections all the time, you'll be sure to find lots of great accessories to enhance your wardrobe. Although Send the Trend's goal is to provide you with designer quality items at an affordable price, there is no monthly commitment to be a member. You may cancel your membership at any time by calling Customer Service 1-877-262-4889.
MONTHLY SELECTION
Monthly Selection Process
For Send the Trend© members, each month you will receive a set of personal fashion selections, based on your personal style and preferences. Each month, your gallery may change. Accordingly, Send the Trend© cannot guarantee that a selection available in a particular month will still be available in any subsequent month.
Registered Users
As a registered user of Send the Trend©, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our newsletter.
Members
As a member of Send the Trend©, you agree to receive emails, newsletters and other communications announcing your monthly fashion selections or assignments, and promoting any special offer(s), including third party offers.
As a member, you will receive a monthly fashion selection, which you may view when you visit your personal gallery that contains the products our stylists have chosen for you. At this time, you can pick any selection in your personal gallery, and it will be shipped to you as soon as your credit card payment is successfully processed. If you wish to view additional selections, you can request alternate selections to be displayed in your personal gallery. Once our fashion experts have determined your alternate selections, you will be notified that your alternate selections are available for viewing in your gallery. You can pick any alternate accessory, and it will be sent it to you automatically. Your selection will be sent according to our shipping policy. If you'd like to order other selections, you can call our customer service during normal business hours. Once you've chosen your first product to purchase, you automatically become a Send the Trend© Recurring Member.
If you do not wish to make a selection at this time, you can choose to "skip" your monthly selection. If you change your mind at a later date during the month, you are still able to access your personal gallery and make a purchase at that time.
Members
As a Member of Send the Trend, you agree to receive emails, newsletters and other communications announcing your monthly fashion selections or assignments, and promoting any special offer(s), including third party offers.
As a VIP Member, you have several options on the first of each month. If you want to receive a monthly fashion selection, all you need to do is visit your personal gallery that contains the products our fashion experts have chosen for you. At this time, you can pick any selection in your personal gallery, and it will be shipped to you as soon as your credit card payment is successfully processed. If you wish to view additional selections, you can request alternate accessory selections to be displayed in your personal gallery. Once our fashion experts have determined your alternate selections, you will be notified that your alternate selections are available for viewing in your gallery. You can pick any alternate selection, and it will be sent to you as soon as your credit card payment is successfully processed. Your selection will be sent according to our shipping policy. If you'd like to order other selections, you can call customer service during normal business hours, Monday thru Friday, 10:00am-6:00pm EST. Those clients who have any valid store credits in their account may redeem one store credit, in lieu of payment for that product selection.
Please note that all members that neither select a product nor "skip the month" by clicking the "skip the month" button by the 6th day of the month, will be charged the monthly due and will receive a 'store credit'. All store credits can be redeemed within 12 months of purchasing the credit. Members that do skip the month (before the 6th day) may change their minds and purchase any available item in their gallery. If you receive an unwanted selection, or if the selection is not completely to your liking, you may return it and we will credit your account. Please be sure to include your packing slip when returning any product. You will receive a full credit to your account, which may be used in accordance with our credit policy. To request a refund, please contact customer service. All refunds are subject to our refund policy. Please note: credits resulting from the monthly charge on the 6th of the month are only eligible for a refund up to 30 days past the date of the charge. Refunds are at the sole discretion of Send the Trend©.
Please also refer to our How STT Works section, for additional details.
BILLING AND PAYMENTS
Paying By Credit Card
For your convenience, when you become a Member with a credit card, we will save your credit or debit card information and use it for all future shipments and charges which will automatically be charged to your saved card, unless you inform us online or through customer service. We accept the following credit cards at this time: American Express, VISA, MasterCard and Discover Card.
Using Credits
All credits are valid from one (1) year after the date issued, with no exceptions. Send the Trend© Members are only allowed to accumulate a maximum of five (5) credits at any one time. For all Send the Trend© VIP Recurring Members that have accumulated the maximum number credits, each month you will have the option of using your valid credit towards the purchase of your monthly selection or an alternate. You cannot combine credit redemption with any promotional offer. Credits can only be redeemed against a selection at the regular Send the Trend© price. Additional fees such as, processing fees and taxes, if applicable, are additional and cannot be paid with credits. Unused credits will be forfeited if your Send the Trend© membership is terminated for any reason - whether you choose to cancel or if Send the Trend© cancels your membership for any reason. Your account must be in good standing to be eligible to redeem your Credits. You cannot exchange credits for any other form of currency - they have no cash value. Send the Trend© reserves the right to change these terms and conditions at our discretion, and may terminate the credits program at any time. Please note: credits resulting from the monthly charge on the 6th are only eligible for a refund up to 30 days past the date of the charge. Refunds are at the sole discretion of Send the Trend©.
SHIPPING, RETURNS AND EXCHANGES
Shipping, return and exchange of any merchandise ordered through the Site or in connection with your membership are subject to the Send the Trend© Shipping, Return and Exchange Policies.
If you receive an unwanted item, or if the item is not completely to your liking, you may return it within 14 days at our expense and we will issue a Send the Trend account credit.
Simply log onto the site and scroll down to the bottom of any page until you see the word Feedback. Please click on feedback and fill out the form. Under Product Issue please select Product Returns, then submit the form. You will receive a Return Authorization number and a pre-paid shipping label. It is important that you enclose the return authorization number inside the box with your item(s) and affix the pre-paid shipping label on the outside of the package before dropping it off at any shipping location.
Credits resulting from the monthly charge on the 6th are only eligible for a refund up to 30 days past the date of the charge.
Refunds are issued at our sole discretion.
Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.
RISK OF LOSS
The risk of loss and title for items purchased by you pass to you upon Send the Trend's delivery of the items to the carrier pursuant to the Send the Trend© Shipping Policy.
LOCAL TAXES
You may be charged local sales tax, if applicable.
INTERNATIONAL ACCESS
This Site may be accessed from countries other than the
MEMBERSHIP CANCELLATIONS
We will do everything to make your membership as pleasant and satisfying as possible. However, you are free to cancel your membership any time by contacting customer service. If you stay, you will be eligible to enjoy long-term membership rewards, such as private sales and special offers for VIP clients. Please note: credits resulting from the monthly charge on the 6th are only eligible for a refund up to 30 days past the date of the charge. Refunds are at the sole discretion of Send the Trend©.
We may terminate your membership, without notice, for conduct we believe violates this Agreement or our policies, is harmful to other Members or our business interests, or for an inactive account.
DISPUTE RESOLUTION
If there is any dispute between us, it is agreed that either of us may elect to have it resolved by proceeding in small claims court or by binding arbitration administered by the National Arbitration Forum, the American Arbitration Association, or JAMS under their rules for consumer arbitrations. All disputes in arbitration will be handled just between the named parties. The arbitrator shall not have authority to conduct any proceedings on a class, private attorney general, or other representative basis; nor to entertain any claim of, nor provide any relief to any person who is not a named party; nor to join or consolidate claims by or for individuals with different accounts. You acknowledge that this means that you may not have access to a court or jury.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY SEND THE TREND© ON AN "AS IS" BASIS. SEND THE TREND© MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SEND THE TREND© DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. SEND THE TREND© DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEND THE TREND© WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW SEND THE TREND'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO SEND THE TREND DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO SEND THE TREND'S LIABILITY.
TYPOGRAPHICAL ERRORS
In the event a product is listed at an erroneous price or with erroneous information due to typographical error or error in pricing or product information received from our suppliers, Send the Trend© shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Send the Trend© shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Send the Trend© shall immediately issue a credit to your credit card account in the amount of the charge.
COPYRIGHT COMPLAINTS
All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2010, Send the Trend. ALL RIGHTS RESERVED. Send the Trend© respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our Customer Service.
REMEDIES
You agree that Send the Trend's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Send the Trend© shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Send the Trend© may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Send the Trend© shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by Send the Trend© of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
LINKS TO THIRD PARTY SITES
This Site may contain links to websites controlled by parties other than Send the Trend© (each a "Third Party Site"). Send the Trend© may work with certain partners and affiliates whose sites are linked with Send the Trend©. Send the Trend© is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any web site accessed from a Third Party Site or any changes or updates to such sites. Send the Trend© makes no guarantees about the content or quality of the products or services provided by such sites. Send the Trend© is not responsible for webcasting or any other form of transmission received from any Third Party Site. Send the Trend© is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Send the Trend© of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Send the Trend© is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
ADDITIONAL TERMS
By continuing your membership, you accept and agree to the terms of this Membership Agreement and any changes made by us to it once we inform you of these changes. If you do not wish to be bound by this Agreement, please see above for how to cancel your membership. Your edits or changes to either the online or offline versions of this Agreement or a membership offer will not be effective, regardless of form.
You must provide and keep us up to date with accurate member information, including your name, address, credit card number and expiration dates. You agree that we may update your information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to the Send the Trend© Privacy Policy, incorporated into this Agreement. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.
