Terms of Membership
By establishing membership on the Wesley's Sites, or purchasing or using products or services through the Wesley's Sites, you acknowledge and agree as follows:
These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and Wesley's, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You shall establish and use your membership on the Wesley's Sites, and purchase and use the products and services available through the Wesley's Sites, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, "Laws"). All calls, emails and other communications between you and Wesley's may be recorded.
- PRIVACY NOTICE
A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information by Wesley's is located at http://www.theonlineclothingboutique.com/pages/privacy-policy. You consent to any personal information we may obtain about you (either via the Wesley's Sites, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. Wesley's may update its Privacy Notice from time to time, in its sole discretion, and post an updated version of the notice at the website address provided above.
- Wesley's MEMBERSHIP
- Establishing a Membership
You may establish membership on the Wesley's Sites. At a minimum, enrollment requires you to (1) indicate agreement to these Terms of Service, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrollment process, in Wesley's's sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.
- Membership Termination
- Establishing a Membership
- Order Processing
Wesley's may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Wesley's deems appropriate in its sole discretion. Wesley's also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Wesley's will either not charge you or refund the charges for orders that we do not process or cancel.
- Return Policy
Wesley's accepts returns on certain merchandise on a case-by-case basis. For Wesley's's Return Policy, which may change from time to time, please click http://www.theonlineclothingboutique.com/pages/returns
- Product and Service Descriptions
Wesley's attempts to provide accurate descriptions of products and services on the Wesley's Sites. Wesley's does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the Wesley's Sites is not as described, your sole remedy is to return the item, as specified in these Terms & Conditions.
- Pricing Information
Wesley's strives to provide accurate pricing information regarding the products and services available on the Wesley's Sites. We cannot, however, insure against pricing errors. Wesley's reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, Wesley's will notify you by email. In addition, Wesley's reserves the right, at its sole discretion, to correct any error in the stated full retail price.
- Product and Service Availability
The Wesley's Sites may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, Wesley's cannot guarantee that an item listed as "in stock" will actually ship right away, as inventory can change significantly from day-to-day. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time Wesley's attempts to process the order. Should this happen, Wesley's will notify you by email. Service offerings that are out-of-stock generally are no longer available. If Wesley's determines that a product or service you wish to purchase is no longer available, the item will be cancelled from your order. Wesley's will notify you by email and delete the item from the Wesley's Sites.
- Shipping and Tax
Click http://www.theonlineclothingboutique.com/pages/shipping for our policy regarding shipping and tax, which may change from time to time.
- Order Processing
- REFERRAL CREDIT PROGRAM
On certain of its Sites, Wesley's may offer members the ability to earn credits toward future purchases on the Wesley's Sites when they invite friends to become members of a Wesley's Site and those friends make a qualifying purchase in the required timeframe. You may only earn credits via Wesley's's authorized member invite mechanism. Referrals outside of Wesley's authorized channels will not result in any referral credit. You understand that referral credits are not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expires one (1) year after issuance. You will only receive credit for the first qualifying purchase made by a friend who makes his or her first purchase on the Wesley's Sites as a result of an invite from you via a Wesley's authorized channel. If your friend does not follow the directions in the invite email to accept the invitation, you may not receive credit, and Wesley's will have no liability to you for your friend's failure to follow directions. You agree that having multiple Wesley's accounts is a violation of these Terms of Service and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent Wesley's's referral program system may, without limiting any other Wesley's rights or remedies, result in forfeiture of your membership and all referral credits in your account. Wesley's reserves the right to void referrals and credits earned if it suspects that the referrals or credits were earned in a fraudulent manner, in a manner that violates these Terms of Service or in a manner otherwise not intended by Wesley's. You must not conduct your own promotion in connection with our referral credit program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Wesley's, including by using any trademarks of Wesley's.
Credits will appear in your account within approximately 24 hours after one of your qualifying invitees makes his or her qualifying purchase and that purchase is shipped. Purchase of a Wesley's Card is not a qualifying purchase. Credits earned via Wesley's may only be used on the Wesley's Sites and may not be used toward the purchase of a Gift Card or on any other website affiliated with Wesley's.
The referral credit program is void where prohibited by law. Wesley's reserves the right to modify or terminate the referral credit program at any time, although credits accrued shall be valid for one year from the date of posting. Should there be any tax liability for the accumulation and/or use of credits, such taxes are the sole responsibility of the participant. You understand that your account may not accurately reflect the credits you have actually earned. Wesley's will have no liability for any errors displayed in your account.
- ENTIRE AGREEMENT
If any provision of these Terms of Service enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties' original intentions as nearly as possible in accordance with applicable laws.
- MODIFICATION OF TERMS OF SERVICE
You acknowledge and agree that Wesley's may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of Wesley's membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Service is available at http://www.theonlineclothingboutique.com/pages/terms-of-membership. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.
- EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS
Notwithstanding the expiration or earlier termination of your Wesley's membership, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.
- EFFECTIVE DATE
January 1, 2015