Terms & Conditions
entire agreement
The following is a disclaimer on the official rules for membership. You must be 18 years or older,to be a user of the Tote Glam website and App. This site and App do not prescreen members, so acceptsolicitations and suggestions from any blog posts with caution.Any and all related information, suggestions, mentorship and guidance, and any advicegiven by members of this site (group forums, workshops, blogs, seminars etc.) are not made by legal business experts, nor do they represent Tote GlamTherefore, their advice should not be taken into consideration until you have consulted with a professional. If you take and use this information without doing so, it will be at your own discretion. Tote Glam is a paidsubscription fashion club; to unlock the restricted pages of the Tote Glam website & App, members must upgrade to a full and Unlimited Closet Club membership level.
Please read these Terms and Conditions, which contain important information about your relationship with Tote Glam Inc. (referred to collectivelyas “Company,” “we,” or “us”), including mandatory arbitration of disputes between us, instead of class actions or jury trials. You will become bound by these provisions once you accept these Terms and Conditions.
By accessing and using our site, mobile applications, our social media pages and accounts (referred to collectively as the "Site"), you agree to the terms and conditions set forth in these Terms and Conditions and our Privacy Policy, which is incorporated herein by reference. These Terms and Conditions also apply to the services available on and through the Site (the “Services”). If you do not agree with any of these Terms and Conditions or our Privacy Policy, you may not access or use the Site or Services for any purpose.
controlling terms
All members have the rightto, at any time, report any fraudulent and/or morally deceitful individuals whoabuse this site. You can report these activities to either the Admin on themember’s page, or by email at info@toteglam.com. Tote Glam has the right tocancel any membership account for improper use without notice or reimbursementsof membership fees.Tote Glam does retails, wholesale and even showcasesclothing and products from third party affiliates.Some images and language onthe Site may be offensive, therefore, discretion is advised.Such content is nota direct reflection of Tote Glam or its views and opinions.Tote Glam does notdiscriminate against any said backgrounds and or occupations; everyone iswelcome! Tote Glam will sometimes host and co-host promotional events on itswebsite that may offer cash and/or prize rewards (that may carry a cash value).Thesepromotional games are set according to all federal and state gaming rulesand/or regulations. You must be 18 years or older to play.You do not have tomake a purchase to enter.Void where prohibited. Each (singular) promotion willcarry its own contest rules and open/closure dates. Please visit ourpromotional website links for full contest disclosers and information. For freeentry, please send an envelope with your address to 1126 S Federal HWY. Suite#114 Fort Lauderdale Florida 33316.
acceptance of orders
Collectionof orders certifies that you are now responsible for any damages, liabilities,theft or any other mishaps that may occur to the delivered goods. Please ensureyou select the proper sizes & colors; use size charts to aid in theselection of products. Feel free to use the following guides and charts:SizeCart, Shoe Chart, Hair Guide, Body Type Chart, and How to Measure Guide. Rentalproducts are subject to the same liabilities once you accept delivery of goods.Please do not wash, dry clean or return damaged products as they are no longerreturnable.
rental agreement
Products purchased underthe Try (fitting room), Borrow (new) or Borrow (gently used) options aresubject to the rules of this entire TOU, Privacy Policy &rental agreement,which you must agree to. Try apparel must be returned within 5 business daysfrom the delivery date.Borrow apparel must be returned within 45 days from the deliverydate.Products not returned within the specified time will automatically countas a full retail purchase. Once products are returned, inspected & approvedas undamaged, your store credit account will be credited a balance less therental and/or shipping fee. No refunds are available for Try & Borrowpayment options. Pairings are non-rentable products and can only be returned iftheproduct is eligible & meets the requirements specified in the returnssection.
Prices
Products are based on botha monetary and sub-monetary reward system; memberships held may also dictateproduct prices. To receive discounted prices, members must upgrade toaffiliated groupsand/or poses a valid discount promotional code.Please check thecodes’ expiry dates.Vouchers are auto uploaded into the Store Credit accountsand are non-refundable. Some purchases may require a cart minimum to allowcheckout.
Membership
Membership has no long-term obligations; you can cancel at any time via the ‘My Members tab.’ Canceling membership voids all earned store credit and points. Non-earned store credits are refunded back via agift voucher form only. No refunds on any activation or membership fees. Installment members must complete all four payments to unlock full use of membership. Until then,all purchases will be treated as pre-orders only.
Glam Ambassadors
Joining Glam Ambassadors means you agreeto the full TOU and Privacy Polices of this site. Glam Ambassadors are independent contractors who work/own unassigned hours and schedules. Pay, commissions & rewards are earned on a referral systemonly. State or federal taxes are solely the responsibility of the Glam Ambassadors. Reimbursement of sign-up fees will not be done until all requirements are met as specified on the Glam Ambassadors’ Page. There are no long-term membership obligations; you can cancel your membership at any time.Cancelation terms are the same rules mentioned in the Membership section. Earn 1-1/ 2 point verses 1for non-Glam Ambassador memberships, earned points are not transferable into a cash payout.
delivery
You can purchase your itemsonline and we will ship them directly to your doorstep. Shipping is free onsome orders. We use the best carriers in the business to make sure your ordergets to you on time. From the Secure Checkout page, you'll see your item’sdescription, price and delivery time.You can also choose a faster deliverymethod where available for each item on your order, for an additional fee.Delivery times vary according to your selected delivery address availability ofyour items and the time of day you place the order. Delivery is limited to USAterritories and Canada. Free shipping may not apply.It may also take a longer timeto ship to USA territories and Canada
transportation and risk of loss
Transportation of orders ishandled by third party couriers.They do not have additional purchasing insurances;standard third-party rules and liabilities apply. Please visit our Deliverypage to see a list of our couriers and then visit their information pages toview their current practices. Once items are shipped, we are no longer liableforthe products in the third parties’possession. Rental insurance only applies for the two-way transportation ofgoods. Products damaged while in your care may be subject to pay of the fullretail price for the goods by you.
cancellation or modification
We may revise, update, change, modify or otherwise alter these Terms andConditions from time to time at our sole discretion.Such modifications shall become effective immediately upon the posting thereof.You must review this agreement on a regular basis to keep yourself appraised ofany changes. You can find the most recent version of the TOU at: https://www.toteglam.com. These Terms and Conditionswere last updated on 07/14/2017 as stated on this page. All changes areeffective immediately and apply to all who access and use the Site thereafter.Your continued use of the Site following the posting of revised Terms andConditions means that you accept and agree to the changes.
taxes
Costumers are responsiblefor paying any and all required state and federal taxes and fees. Taxes &fees may be included in point only purchases. Store credit balances may alsobe debited&used to pay any state and/or federal taxes & fees.
warranty and disclaimer
All Buy (new) products aresold in brand new condition and sold as is and without warranty. Try or Borroware star rated & inspected gently; therefore, rented products are in top-notch condition.Products with abnormal damages (holes, washed, stained etc.) may not bereturnable. Damage acquired while in the custody of customer will result in a purchasingfees for that product.
limitation of liability
TheTote Glam website and theContent made available through this Service may contain features andfunctionalities that may link you or provide you with access to third partycontent, which is completely independent ofTote Glam,including web sites,directories, servers, networks, systems, information and databases,applications, software, programs, products or services, and the Internet as awhole. Your interactions with organizations and/or individuals found on orthrough the Service, including payment and delivery of goods or services, andany other terms, conditions, warranties or representations associated with suchdealings, are solely between you and such organizations and/or individuals. Youshould make whatever investigation you feel necessary or appropriate beforeproceeding with any online or offline transactions with any of these thirdparties. You agree thatTote Glam shall not be responsible or liable for anyloss or damages of any sort incurred as the result of any such dealings. Ifthere is a dispute between participants on this site, or between users and anythird party, you understand and agree thatTote Glam is under no obligation tobecome involved. In the event that you have a dispute with one or more users,you hereby releaseTote Glam:its officers, employees, agents and successors,from any right of claims, demands and damages (actual and consequential) of anykind or nature, known or unknown, suspected or unsuspected, disclosed orundisclosed, arising from or in any way related to such disputes and / or ourservice. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claimswhich the creditor does not know or suspect to exist in his favor at the timeof executing the release, which, if known by him must have materially affectedhis settlement with the debtor.
return of material
To return products, you must first meet the following criteria: wrong order, faulty product, damaged product on arrival, wrong product or a rental product. To receive an RMA number, visit our website and complete the Return form. Products that do not meet approved return requirements may result in paying a restocking fee and members may use points and store credit to pay fees.
Tote Glam will only accept returns on products that are identified on the Product information page as eligible for return or as provided in the Section below. Once the Tote Glam confirms that your Product was returned in accordance with the Section below, you will receive a refund in the amount charged for the applicable Product; provided that the credited amount will not include the applicable Delivery Fee, which is non-refundable. Additionally, any applicable return shipping and handling fees will be deducted from the credited amount .Promotional shipping offers may not be applied to return shipping costs. Refunds issued as Store Credit may only be used for future purchase of Products on the Site (excluding gift cards).
If the Product arrives damaged (e.g., not worn, washed, damaged, or altered), Tote Glam will accept returns for a full refund only in accordance with the Return Procedures below. Once Tote Glam confirms that you received a Damaged Product that was returned in accordance with the Return Procedures below, your sole and exclusive remedy will be:(a) we will issue a refund to your credit card or PayPal account in the amount charged for the Damaged Product (if your credit card or PayPal account has already been charged for the Product) or (b) we will not charge your credit card or PayPal account for the Damaged Product. The refunded amount will include the applicable Delivery Fee .All returns of eligible product must be initiated within 14 days after the Product delivery date, and an applicable fee for return shipping will be deducted from your refund. All returned Products must be unused (e.g., not worn, washed, damaged, or altered),in the original packaging with original tags attached and returned in accordance with any other instructions received after contacting customer service. More information about eligible returns or costs associated with a return can be obtained by viewing the information on the Product page. Once you initiate a return, a Tote Glam shipping label will be issued to you to return your item(s). You must use this label to return the item. Unauthorized returns will not be refunded or credited to your account, and we may handle or dispose oft hose products as we see fit in.
Recycling Program
Tote Glam is doing its part to protect the environment by offeringmembers the opportunity to participate in our in-house recycling program.Subscribing customers can return shipping boxes (flat boxes, tote boxes) forStyle Points that can be used for future purchases. Members can request free return shipping via our returns page; recyclerscan earn 2 points for every 6 boxes returned (boxes must be undamaged to beeligible).
indemnity
Tote Glam membership is apaid-membership fashion club; to unlock the restricted pages on theTote Glamwebsite & App, members must upgrade to a full and Unlimited Closet Clubmembership level. All members that join also agree to participate in our built-inaffiliate platform. Points within our platform may earned through:Registration, Newsletter Sign-up, Product reviews on previously orderedproducts (high ratings), Referral registrations, recycling, referring certainproducts and Social media post.
payment
Tote Glamdoes not storecredit card information. Credit card transactions are done through a financialgateway, and we endeavor to protect the security of your payment informationduring transmission by using Secure Sockets Layer (SSL) technology.All classifiedand forum postings etc. are stored in our database, even after ‘deletion,’ andmay be archived elsewhere.Our web logs and other records are storedindefinitely. Registered job posters can access and update their accountinformation through the account homepage. Although we make good faith effortsto store the information in a secure operating environment that is notavailable to the public, we cannot guarantee complete security. Tote Glammayalso disclose information about its users to law enforcement officers or otherauthorities, in the event that we believe that such disclosure is reasonablynecessary to: enforce our Terms of Use; respond to claims that any posting orother content violates the rights of third-parties; or protect the rights,property, or personal safety ofTote Glam users or the general public. One-timeregistration fees is non-refundable. Earned User Points and Store Credit may beused as a form of payment on certain products& purchases.
governing law and arbitration
We do our best to keep ToteGlam safe, but we cannot guarantee it. We need your help to do that, whichincludes the following commitments: you will not send or otherwise postunauthorized commercial communications (such as spam) onTote Glam andyou willnot collect users' content or information, or otherwise access Tote Glam usingautomated means (such as harvesting bots, robots, spiders, or scrapers) withoutour permission.You will not engage in unlawful multi-level marketing, such as apyramid scheme onTote Glam and you will not upload viruses or other maliciouscode. You will not solicit login information or access an account belonging tosomeone else. You will not bully, intimidate, or harass any user. You will notpost content that: is hateful, threatening, or pornographic; incites violence;or contains nudity or graphic or gratuitous violence. You will not develop oroperate a third-party application containing alcohol-related or other maturecontent (including advertisements) without appropriate age-basedrestrictions.You will not offer any contest, giveaway, or sweepstakes (‘promotion’)on Tote Glam without our prior written consent. If we consent, you will takefull responsibility for the promotion, and any and all applicable laws. Feelfree to email us at: contest@toteglam.com with a full copy of any currentcontest rules, winners list and additional details.
general
GoverningLaw.
ThisAgreement shall be governed by the Federal Arbitration Act, applicable federallaw, and the laws of the state in which you reside, without regard of theconflicts of laws/rules of that state or any other state.
Severability.
Ifany portion of this Agreement is deemed unlawful, void or unenforceable by anyarbitrator or court of competent jurisdiction, this Agreement as a whole shallnot be deemed unlawful, void or unenforceable, but only that portion of thisAgreement that is unlawful, void or unenforceable shall be stricken from thisAgreement.