By visiting the Site, you are accepting and consenting to the practices described in these T&C and the Agreements. We may modify the Agreements from time to time and your continued use of this Site following such change shall signify your agreement to be bound by the modified Agreements.
The purchase of merchandise through My Modest Gown 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 Missouri.
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 you provide.
By making an offer to purchase merchandise, you expressly authorize us to perform credit checks and, where My Modest Gown feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties in order 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.
You (the “Seller”) certify that your item (a “Listing”) is owned by you and all of the items are free and clear of all liens, encumbrances, or other third-party interests, claims or litigation, whether pending or threatened and you have full authority to sell the Items. You acknowledge that any submission by you is not considered an agreement by My Modest Gown to list your item and My Modest Gown may reject any submission for any reason, at its sole discretion. You appoint My Modest Gown the right to, without limitation, exhibit the Listed Items for sale, in any manner and in My Modest Gown’s sole discretion, and sell and enter into a contract to sell the Items on Seller’s behalf. You agree to pay any shipping costs, and any applicable fees or taxes. My Modest Gown is not liable for damage during shipping to or from My Modest Gown or buyer. You acknowledge that your Item may not sell, however, we do promise to make an offer to buy your dress that you may or may not accept.
Listings will be published to the Site within 3 days of acceptance by My Modest Gown. You agree to inform My Modest Gown by email of a change in status of your listing, including Items that are no longer available for sale. You agree to ship your Item to the seller upon purchase and no later than 5 business days from the sale of the Item. You are responsible for the payment & security of shipment of your item(s) to the seller. We require that all sellers accept & adhere to our 10 day return policy, in which buyers may return the dress if it is in any way not as listed.
By uploading content to the My Modest Gown you grant My Modest Gown a limited irrevocable license to use and republish the content you provide anywhere, anytime, without any compensation.
My Modest Gown offers new items for sale in addition to a marketplace for brides to sell their wedding dresses, chosen at My Modest Gown’s sole discretion. My Modest Gown will contact you in the event your dress is chosen to be listed on the site.
A. INSURANCE & WARRANTY
My Modest Gown may maintain general business insurance which shall cover Item(s) for certain damage(s) covered by such insurance policy during the period in which the Item(s) are in My Modest Gown’s control or during shipment by My Modest Gown to a buyer. Seller acknowledges and agrees that because of the nature of the business for wedding gowns, there is a certain degree of normal wear that occurs from handling from the buyer that cannot be insured against. Seller agrees that My Modest Gown shall not be liable for such minor wear. Once the Item(s) is purchased, ownership is transferred to the buyer. In the event that the Item(s) is returned and found to be damaged (excluding normal wear from handling and trying on the Item(s)) upon return of the Item(s) to seller by a buyer, My Modest Gown will attempt to resolve the damage with the buyer. If damage is irreversible, the return request will not be honored, and as such, My Modest Gown will use best efforts to recover the Commission (as defined herein) from such buyer. In the rare event that the Item(s) is damaged when it is in My Modest Gown’s control, My Modest Gown shall make a claim under its respective insurance policy, if any, and only upon receipt by My Modest Gown of the paid insurance claim, if any, My Modest Gown shall pay Seller an amount equal to the Commission that Seller would have received had the Item been sold pursuant to these terms. In no event shall My Modest Gown be liable to Seller for an amount greater than the Commission that Seller would have received had the Item(s) been sold pursuant to these terms. Sellers acknowledges and agrees to allow My Modest Gown to occasionally use items listed or consigned and in possession by My Modest Gown for promotional purposes including photography or editorial shoots. My Modest Gown assumes full responsibility for any damage to items used for these purposes and will make reasonable efforts to contact Seller about such events in advance.
In the event that a Listed Item(s) is sold, Seller shall receive 100% of their Submitted Sale Price for Listed Item(s) sold and My Modest Gown will retain the additional price that has been added Net Sale Price for such Listed Item(s) sold (the “Commission”.)
In the event that a Consigned Item(s) is sold, Seller shall receive 100% of their Submitted Sale Price for Consigned Item(s) sold and My Modest Gown will retain their added portion of the Net Sale Price for such Consigned Item(s) sold (the “Commission”.) As used herein, Net Sale Price shall mean the gross retail price at which the Consigned Item was sold less credit card processing fees of 2.89%.
C. RIGHT TO REMOVE
Seller shall have the right to remove their Listed Item(s) by emailing My Modest Gown to indicate they want their listing removed. My Modest Gown retains the right to remove any Listing at its sole discretion should a seller not respond to email notifications from My Modest Gown within the specified time period.
D. PAYOUTS TO SELLERS
All payments due to the Seller for the sale of an Item pursuant to these terms shall be made by a check, payable to the Seller and sent by first class mail to the address provided, within fourteen (14) business days of the end of the Return Period. As used herein, the Return Period shall mean ten (10) calendar days from when the seller sent the item with 2 day shipping. Paypal payments may be coordinated by request of The Seller.
You acknowledge that all items listed for sale on the Site (the “Item(s)”) by My Modest Gown are new, pre-owned, used and/or sample items. My Modest Gown does not describe or photograph Items added by a seller through the listing service and are not responsible for the content of seller listings. My Modest Gown strives to does not warrant the authenticity of such Items nor is My Modest Gown an authorized dealer of such Items.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
My Modest Gown offers products for sale that are in stock and available for shipment from company headquarters, as well as products for sale that are in possession of the Seller. Occasionally we may be waiting for shipments from one of our Consignors or Sellers.
My Modest Gown will store a record of your transactions for a minimum of one year, provided that all credit card/debit card information will only be stored for sixty days.
B. PRICING POLICY
Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate provided by an established third party financial institution on the day your card issuer processes the transaction.
All tariffs, fees and taxes that may be imposed are the responsibility of the buyer.
C. ACCEPTANCE OF YOUR ORDER
Your order will only be placed once you have completed the check out process through the Site. Once you complete the check out process, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order but is only a confirmation that we have received your request.
Unless you cancel your order, acceptance of your order will be perfected only upon My Modest Gown’s successful authorization and capture of the purchase price to your debit/credit card AND completion of the packaging and shipping of your order. After the ordered item(s) have been dispatched to you we will send a second email containing your tracking number, and confirming that your order has been dispatched.
We reserve the right to refuse your order for any reason, at My Modest Gown’s sole discretion, including, without limitation, in the event that (a) your payment is declined by our credit card authorization or any financial institute, (b) shipping restrictions apply to a particular item, (c) the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or (d) that you do not meet any of the requirements contained within the Agreement.
We will not be liable to you or any third party by reason of our decision to refuse your order, 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 reversing or suspending any transaction after processing has begun.
Payment can be made by Visa, MasterCard, American Express & Paypal. My Modest Gown will charge your credit card for the amount of the total sale. You confirm that the credit/debit card that is being used is yours or that you have been directly 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, upon charging your credit/debit card, the charge is refused or declined by any authorization system or financial institution My
Modest Gown shall have no obligation to fulfill or ship your order. If for any reason you feel that your debit/credit card charge was unauthorized you agree to contact My Modest Gown immediately to resolve the concern rather than contacting a third party. In addition, at the time of Your order of an Item, You hereby authorize My Modest Gown to charge Your card for an amount equal to 100% of the original retail value of that Item (when new) set forth on the Website, ("Retail Value") plus applicable sales taxes. We will not charge You for more than an amount equal to 100% of the Retail Value of the total sale, in the aggregate, excluding any potential collection costs. If You pay us an amount equal to 100% of the Retail Value and You still possess the Item, the Item is Yours to keep, though on an "AS IS" basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the return shipping cost, which is charged separately from, and in addition to, any other charges payable by You set forth in this Section D.
F. INSURANCE AND DELIVERY
My Modest Gown insures each purchase coming from the shop during the time it is in transit until it is delivered to your specified delivery address in an amount only up to the purchase price authorized to your debit/credit card. We do not require each seller to insure their item, although it is strongly recommended. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or any individual at that delivery address) is evidence of delivery and fulfillment by My Modest Gown, and transfer of responsibility in the same way. My Modest Gown shall not be liable for fraudulent signatures, acceptance by a party other than yourself or any other delivery issues.
Estimated delivery times are to be used as a guide only and commence from the date of dispatch, My Modest Gown is not responsible for any delays caused by destination customs clearance processes or delays caused by third party costal/courier services.
Not all items available on My Modest Gown are eligible for a return. If you wish to return an item, a Return request should be submitted to email@example.com
within 10 calendar days of your order being shipped. Sellers are required to use priority 2-day shipping. If they used 5-7 day, an extra 5 days will be added on to your alloted 10. You will need to submit a picture of the receipt and tracking to prove the seller did not use 2-day. If a return request is approved, My Modest Gown will send a prepaid USPS shipping label via email. Return label should be printed and affixed to the original packaging. If item is received within the given time windows and is in the same condition that it was sent out in, a release of the original purchase price authorization of the item(s) will be made, less any shipping fees.
Items must be returned unused and with all tags still attached (if there were tags) and with no signs of wear and tear. Where provided, all other items or attachments shipped with the purchased items such as belts or any designer packaging such as authenticity cards, dust bags, and garment bags must be included with your return. My Modest Gown shall have no obligation to accept any item that is returned damaged, soiled or missing items or attachments.
SELL IT BACK
My Modest Gown guarantees that it will List your Item purchased from My Modest Gown for no fee, provided that such Item is in good condition. Should My Modest Gown determine that any Item is unfit for Listing due to wear and tear or any other reason, determined at My Modest Gown’s sole discretion, My Modest Gown shall have no obligation to list your Item.
You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and material rights relating to the Content (defined below) shall remain at all times the property of My Modest Gown and/or their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by My Modest Gown and/or its third party licensors. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
For the purposes of these T&C, "Content" is defined as any and all information, images, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files, any other content contained on the Site and the composition of such content on the Site. My Modest Gown tries to ensure that the information on this site is accurate and complete, however, My Modest Gown does not represent or warrant that My Modest Gown's Content is accurate, error-free or reliable or that your use of My Modest Gown’s Content will not infringe on rights of third parties. Your use of the Site is at your risk. My Modest Gown does not warrant that the functional aspects of the Site or My Modest Gown’s Content will be error free or that the Site, the Content or the server that makes it available are free of viruses or other harmful components. If your use of the Site, or My Modest Gown’s Content results in the need for servicing or replacing property, material, equipment or data, My Modest Gown shall not responsible for those costs. My Modest Gown makes no warranty or representation as to the quality, condition or merchantability of the Items listed for sale on the Site. Without limiting the foregoing, everything on the Site and purchased through the Site, including purchased Items, are provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. My Modest Gown does not warrant the authenticity of such Items nor is My Modest Gown an authorized dealer of such Items.
My Modest Gown and its suppliers make no warranties about My Modest Gown’s Content, software text, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. My Modest Gown reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that My Modest Gown is not liable to you or any third party for any such withdrawal.
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within the Site. You may not use the Site, or any of its Content, to further any commercial purpose, including, without limitation, any advertising or advertising revenue generation activity on your own website.
You use the Site at your sole risk. You agree that you will be personally responsible for your use of the Site and for all of your communication and activity on the Site. We reserve the right to deny you access to the Site, or any part of the Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated any of the terms of the Agreements, we may, in addition to any other rights or remedies provided to us by contract or at law, deny you access to the Site on a temporary or permanent basis and any decision to do so is final.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.
You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.
We may include hyperlinks on the Site to other websites or resources operated by parties other than My Modest Gown, including advertisers. My Modest Gown has not reviewed all of the sites linked to the Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
While My Modest Gown will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Site, or any transaction that may be conducted on or through the Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through the Site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Site and any information provided to or taken from the Site by you.
You agree that we shall not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the Agreements.
At our request and immediately on demand, you agree fully to defend, indemnify and hold harmless My Modest Gown, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Agreements by you or any other liabilities arising out of your use of the Site, or the use by any other persons accessing the Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive the Agreements and your use of the Site.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with the following information in writing: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(a) Complete Terms: The Agreements constitute the whole legal agreement between you and My Modest Gown and govern your use of the Site and completely replace any prior agreements between you and My Modest Gown in relation to the Site. Notwithstanding the foregoing, you understand that My Modest Gown may make changes to the Agreements from time to time. When these changes are made, My Modest Gown will make a new copy of the Agreements available at http://www.mymodestgown.com. You agree that My Modest Gown is under no obligation to provide you with notices regarding changes to the Agreements. You understand that it is your responsibility to check the Agreements regularly for changes.
(b) Modifications to the Services: My Modest Gown is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the services that My Modest Gown provides may change from time to time without prior notice to you. You further acknowledge and agree that My Modest Gown may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally at My Modest Gown’s sole discretion, without prior notice to you.
(c) Confidentiality: You understand that My Modest Gown grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. My Modest Gown reserves the right to revoke these exceptions either generally or in specific cases.
(d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the Agreements. You understand that you are solely responsible for (and that My Modest Gown has no responsibility to you or to any third party for) any breach of your obligations under the Agreements and for the consequences (including any loss or damage which My Modest Gown may suffer) of any such breach.
(e) Rights Not Waived: You agree that if My Modest Gown does not exercise or enforce any legal right or remedy which is contained in the Agreements (or which My Modest Gown has the benefit of under any applicable law), it will not be taken to be a formal waiver of My Modest Gown’s rights and that those rights or remedies will still be available to My Modest Gown.
(f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the Agreements is invalid, then that provision will be removed from the applicable Agreement without affecting the rest of the Agreements. The remaining provisions of the Agreements shall continue to be valid and enforceable.
(g) Governing Law: The Agreements, and your relationship with My Modest Gown under the Agreements, shall be governed by the laws of the State of Missouri. You and My Modest Gown agree to submit to the exclusive jurisdiction of the State and Federal courts in Kansas City, Missouri, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.
(h) Force Majeure: If My Modest Gown’s operations are materially impaired, hampered, interrupted, prevented, suspended, postponed or discontinued by reason of the occurrence of any event of force majeure, including, but not limited to war (declared or undeclared), act of public enemy, riot, epidemic, fire, casualty, labor dispute (including, but not limited to lockout and/or strike or threat of either), governmental order or regulation, judicial order or decree, act of God, death, or any other similar or dissimilar contingency beyond such party’s control (a “Force Majeure”), My Modest Gown shall have the right, to suspend its obligations hereunder (including any delivery obligations) for the duration of such Force Majeure and if such Force Majeure continues for seven (7) days or more, My Modest Gown shall have the right to terminate any agreement to sell/purchase a purchased item. .
Should you have any questions or concerns regarding these Terms and Conditions, the Site, any Items listed on the Site or any other inquiries, please contact My Modest Gown at firstname.lastname@example.org