Modern Closet Terms of service

This website is operated by Modern Closet NZ Limited. Throughout the site, the terms “we”, “us” and “our” refer to Modern Closet NZ. Modern Closet NZ offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Please read these Terms of Service carefully before accessing or using our website. By accessing our site and/ or purchasing a subscription from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

Clothing Bundle: The set number of clothing items in a predetermined size as selected by Modern Closet NZ based on the Customers’ Style Preferences under their chosen Rental Subscription. To be delivered by Modern Closet NZ to the customer in accordance with the customer’s Rental Subscription.

“Customer” (“client”, “you” or “your”) means the Customer or any person acting on behalf of and with the authority of the Customer.

Modern Closet NZ Limited: Trading under NZBN:9429051697754 with the business name Modern Closet. Website: www.moderncloset.co.nz

Subscription: the renting of the Clothing Bundle per the Terms of Service, through a weekly or fortnightly rolling payment, where the payment is made upfront at the beginning of the Subscription to the Clothing bundle. The Clothing bundle is kept by the Customer on a rolling basis until they would like to swap/change their Clothing bundle.

Bundle(s) A package of either new or gently used children’s clothing that we select for you to rent based on our Terms of Service. Each Bundle contains seasonally appropriate pieces that we carefully choose.

Trendsetter Bundle: 14 Brand new statement and essential clothing items, carefully selected and season-appropriate.

Essentials Bundle: 12 Brand new clothing items of season-appropriate essential and everyday wear.

Treasure Bundle: 10 essential pieces that are gently used amongst the members of the Modern Closet community, you may find some wear and tear on clothing items in this bundle.

Rental Payment: as listed on the Website when placing the Subscription order. This includes cover for reasonable wear and tear, delivery and return. The Rental Fee includes any applicable GST.

Rental Period: this begins when Modern Closet has received the Rental Payment The rental payment reflects the days paid for during which the customer possesses the Clothing Bundle.

Rental Agreement: the rental agreement through which a customer rents the Clothing Bundle and agrees to abide by the Terms. You acknowledge and agree that you are renting Bundles from us, and that ownership of the Bundles remains with Modern Closet at all times.

We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right; but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

BUY NOW PRODUCTS

We do not offer refunds or exchanges on any BUY NOW products bought from our website, unless faulty.

No exceptions

The Rental Payment amount is outlined on the Website. Upon subscribing, you authorise Modern Closet and/or our third-party payment processor to charge your chosen payment card for the applicable Rental Payment in respect of either a Weekly or Fortnightly Subscription, on a recurring basis per Rental Period until cancellation or termination by either yourself or Modern Closet.

If payment of a Rental Fee fails for any reason, we may contact you to make alternative arrangements and/or, in our discretion, to end the Subscription in which case you will be required to return any Bundle items to us.

Payment must be by credit or debit card. A verification payment for your first order may be deducted or debited from your credit or debit card at the start of a Subscription. Any verification payment will be refunded to your credit or debit card, however, bank processing times can vary and the payment may take up to ten days to be refunded.

If there has been excessive damage (being more than reasonable wear and tear, and including any excessive odour i.e. cigarette smoke), loss or otherwise failure to return an item (refer to Returning Items in the terms of service), you authorise Modern Closet and/or any third-party payment processor engaged by us to charge your payment card up to a maximum not exceeding 150% for the full retail price cost of the relevant item(s).

You agree and acknowledge that you are renting any Clothing within the Clothing Bundle and that ownership of the Clothing Bundle remains with Modern Closet at all times. The risk of loss or damage to the Clothing passes to you once the Clothing Bundle has been delivered. You will keep the Clothing Bundle in your possession until they are required to be returned to Modern Closet.

It takes anywhere from 1-5 business days to curate your Bundle and ship it. Being a family-run small business we will try our best to accommodate you as soon as possible. Our first priority is to make sure our customers are happy and try to check off all of your style preference form requests. Sometimes this may mean we need to source clothing outside of our own inventory.

To ensure you receive your delivery, please make sure the delivery address on your account is correct. You can change your delivery address in your personal account on the Website or by emailing hello@moderncloset.co.nz with the subject “Address Change”. Please change the delivery address at least seven (7) days prior to your next Clothing Bundle delivery.

We do not take responsibility for orders where an incorrect/ineligible address has been provided. If you have supplied an incorrect address, you will not be entitled to a refund of any kind and you may be liable to pay any late fees or a replacement fee if the Clothing Bundle is not returned to us. In the instance where a parcel is unable to be delivered in time due to NZ Post being unable to gain access and/or leave the parcel in a safe place and you have not provided delivery instructions you will not be entitled to a refund of any kind and you may be liable to pay any late fees or a replacement fee if the Clothing Bundle is not returned to us.

If you have supplied an address that has a redirection service set up and your parcel is not delivered in time you will not be entitled to a refund. Once the parcel has been dispatched if you redirect it in any way, you will not be entitled to a refund if it does not arrive by the chosen delivery date. Redirecting a parcel will increase the delivery time by approximately 2-5 business days. By choosing signature on delivery, you are accepting that anyone on that premises can sign for your parcel, once the item is signed for responsibility and liability transfer to you.

You will be responsible for the items in a Bundle during the Subscription, and you agree to keep all of the items you receive in a Bundle clean and in good condition. This includes wearing and caring for them in a smoke-free home environment.

Reasonable wear and tear to items in a Bundle (including minor stains and small holes) is covered in the Rental Fee. If any of the items from Modern Closet are damaged or lost, please notify us immediately via email (hello@moderncloset.co.nz) so we can collaborate to find a solution.

You agree not to interfere with or alter any items you receive in a Bundle, and to wash the items following the Manufacturer’s instructions and any other guides or instructions provided by us.

You agree not to give or sell any of the items you receive in a Bundle to a third party.

Reasonable wear and tear to the Clothing Bundle (including minor stains and small rips) is fully covered in your Rental Fee. If you have any damaged or lost clothing, please email hello@modernmcloset.co.nz so we can find a solution together. If you return your Clothing Bundle with excessive damage or damage exceeding reasonable wear and tear, as determined at Modern Closet’s sole reasonable discretion, you agree that Modern Closet may charge your payment card the full retail price of the product. If the Clothing Bundle is lost, or otherwise not returned to Modern Closet, you agree that Modern Closet may charge your payment card the full retail price of that product.

The Customer shall inspect the Clothing Bundle on delivery and shall notify Modern Closet (via email) of any alleged defect, shortage in quantity, damage, or failure to comply with what was ordered within five (5) days of receipt of the Clothing Bundle.

You agree to return all items to Modern Closet within five days of:
–You sending us notice requesting the next clothing bundle from us; or
-You sending us notice of cancellation of the Subscription by email; or
-the Subscription ending.
Please return all Bundle items to us in good, clean condition.
The cost of return delivery to Modern Closet is included in the Rental Fee. Please follow the instructions provided to arrange the return within the timeframes above.
If we do not receive any item in the time frames above, we will contact you first by email to remind you of the return. If you have been notified and still do not return the item(s) within 7 days from the date we sent the reminder email, you agree that you may be charged up to a maximum not exceeding 150% for the full retail price cost of the relevant item(s) of any items that have not yet been returned by you to us.

A Subscription may be cancelled anytime by you with 14 days written (email) notice. It will take us up to 14 days to update our payment systems. This means that if notice is provided within 14 days prior to a Subscription payment, that Subscription payment will go ahead as scheduled, without eligibility for a refund. In that situation, the Subscription will continue in effect until the next Subscription payment is due.
To cancel a Subscription, please email us (hello@moderncloset.co.nz) or use the contact us form online and select ‘Cancellation’. You will need to return all Bundle items to us following the Returning of Items in the Terms of Service.
Modern Closet may cancel a Subscription for any reason at any time on seven days’ notice, which will be provided by email. If we cancel a subscription, we will refund any payment already paid in expectation of receiving a Bundle (less any amounts you owe to us), unless we believe that you have breached The Terms of Service. Any refund for a Subscription will be one-twelfth of the Rental Fee paid about the Subscription in your name multiplied by the number of whole calendar months remaining on your Subscription at the date the Subscription ends as a result of us cancelling, less any amounts you owe to us. Modern Closet will not be liable for any loss or damage whatsoever arising from such cancellation.
Ending a Subscription does not relieve the parties from liability under The Terms of Service up to the time the Subscription ends, nor does it relieve either party of any obligation to pay any money owed by it to the other party on any account whatsoever.
You agree that we can continue to market our products and services to you after termination unless you advise us that you do not wish to receive any further material from us.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Modern Closet will make every effort to fulfil all Subscription orders. However, subject to any rights You have under consumer legislation, we will not be liable to any person if we are unable, or decline, to supply a Bundle for any reason whatsoever, other than to refund the amounts paid in respect of the Bundle.

Modern Closet reserves the right to vary or substitute Bundle contents due to product quality or stock availability.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy:

To be eligible for a refund after you have cancelled a Subscription, you must cancel your Subscription (refer to Terminating a subscription) in the Terms of Service and return an unworn Bundle in its original good condition to Modern Closet NZ Limited within fourteen days of receiving the most recent Bundle.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

Certain content, products and Services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or Services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://moderncloset.co.nz/privacy-policy/

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Modern Closet NZ Limited, our directors, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend and hold harmless Modern Closet NZ Limited and our affiliates, partners, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Questions about the Terms of Service should be sent to hello@moderncloset.co.nz

Our contact information is posted below:

MODERN CLOSET NZ LIMITED

Company number: 8975413

NZBN: 9429051697754

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Modern Closet Terms of service

OVERVIEW

SECTION 1 - ONLINE STORE TERMS

SECTION 1(a) DEFINITIONS

SECTION 2 - GENERAL CONDITIONS

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

SECTION 5 - PRODUCTS OR SERVICES

SECTION 6 RENTAL SERVICE CONDITIONS SECTION 6(a) RENTAL PAYMENT

SECTION 6(b) RENTAL NOT PURCHASE

SECTION 6(c) PROCESSING TIME

SECTION 6(d) DELIVERY

SECTION 6(e) CARING FOR ITEMS

SECTION 6(f) RENTAL PROTECTION

SECTION 6(g) DEFECTS

SECTION 6(h) RETURNING ITEMS

SECTION 6(i) TERMINATE / CANCEL A SUBSCRIPTION

SECTION 6(j) STOCK AVAILABILITY

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

SECTION 8 - OPTIONAL TOOLS

SECTION 9 - THIRD-PARTY LINKS

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

SECTION 11 - PERSONAL INFORMATION

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

SECTION 13 - PROHIBITED USES

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

SECTION 15 - INDEMNIFICATION

SECTION 16 - SEVERABILITY

SECTION 17 - ENTIRE AGREEMENT

SECTION 19 - GOVERNING LAW

SECTION 20 - CHANGES TO TERMS OF SERVICE

SECTION 21 - CONTACT INFORMATION

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