Terms of Service
Effective Date: November 9, 2019
The controller for the collection, processing and use of your personal data for www.wearholiday.com ("website" or "our site") is:
Address: PO BOX 455, St. Francis, MN 55070
USE BY WEAR HOLIDAY
As a visitor not registered on Wear Holiday: By visiting a website, the files are sent from your browser to the site to allow the transfer of information.
AS A WEAR HOLIDAY MEMBER:
We protect direct access to your member account with a password. Your personal information will be collected on a secure server using a coding system called Secure Socket Layer (SSL). The collected data is kept safe and we will do our best to provide a high level of security. We handle your personal and account information carefully - and do not share it with anyone else. Remember to always disconnect completely when using public access computers. You are solely responsible for maintaining the confidentiality of your account.
THE COLLECTION, PROCESSING, AND USE OF PERSONAL DATA
Personal data is all information relating to an identified or identifiable natural person, such as name, date of birth, bank details. Generally, we collect information that may personally identify you when you voluntarily:
- register an account on this Website,
- place an order,
- respond to a survey or communication such as e-mail, or
- engage with another Website feature.
We collect, process and store your personal data as part of your Wear Holiday membership.
You may choose to create a personal account on our Website, which may require that you disclose certain personally identifiable information for identification, including a unique email address and demographic information (including, for example, zip code, day and month of your birth and back details).
BILLING AND CREDIT CARD INFORMATION
In addition, our services comprise, generally, fashion retail and wholesale services. In order to enable payment by you to fulfill your orders, we may collect name, address, telephone number, email address, credit card information, and other billing information. This information will only be shared with third parties who facilitate completion of the purchase transaction, such as by fulfilling orders and processing credit card payments.
We will not disclose your billing and/or credit card information with other third parties unless required by law or a court order, or unless disclosure is required to address an issue implicated by the financial transaction. For instance, if you claim that your billing and/or credit card information was used to make a purchase you did not authorize, details about the transaction may be disclosed to law enforcement and any party we deem necessary to address the matter.
HOW IS MY INFORMATION USED
The information we collect is used for a variety of purposes, such as:
- to enable your use of our Services, such as enabling you to make purchases of clothing and accessories we have listed for sale by processing your transactions;
- to perform statistical, demographic and marketing analyses of users of our Services to improve our relationship with our customers by personalizing your site experience where possible, allowing us to deliver the type of content and product offerings in which you are most interested;
- to improve our service to you in responding to any of your customer service requests; for product development purposes and to generally inform advertisers about the nature of our subscriber base to improve our relationship with our customers;
- to customize your experience by allowing advertising to be targeted to the users for whom such advertising is most pertinent; and
- to administer contests, promotions, surveys, and/or other site features.
Without your explicit permission, we only disclose your personal data to third parties in order to fulfill our contractual obligations (for example, the delivery of our products by the carrier and the logistics companies) and for accounting purposes (e.g. collection companies or banks). These service providers explicitly use your data only for the purpose of the contract.
We may contact you via email, telephone, text, paper mail, or other delivery methods regarding the status and/or delivery of any products or services that you may have purchased through this Website.
Visitors to the Website who register an account or engage with other site features, such as marketing programs and “members only” content, will be given a choice whether they would like to be included on our email list and receive e-mail newsletters from us.
If you have opted-in to receive email newsletters from us, you may periodically receive communications including links to and information regarding sales, promotions, sweepstakes, and other information that we believe you may find interesting.
If you have not opted-in to receive email newsletters from us, you will not receive these emails.
HOW TO OPT-OUT OF MAILING LIST
If you would no longer like to receive email newsletters from us, you can unsubscribe by selecting the unsubscribe link located at the bottom of any of our promotional emails.
HOW IS MY INFORMATION STORED?
We implement a variety of security measures in an effort to reasonably maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
WHAT INFORMATION IS COLLECTED THROUGH TECHNOLOGY AND BY THIRD-PARTIES?
As you browse through our website and place orders, we automatically collect and store the following non-personal, or anonymous information about your visit:
- the date and time you access our site;
- the pages you visit on our site;
- if You navigate to our site by clicking a link, the location of that link;
- the technical capabilities of the computer you use to access our site;
- the internet service provider You use to connect to our site (for example "companyX.com" if you have a commercial internet account, or "universityX.edu" if you connect from a university); and
- the IP address (a number automatically assigned to your computer whenever you are surfing the internet) from which you access our site.
COOKIES, BEACONS, LOCAL STORAGE AND OTHER SIMILAR TECHNOLOGIES
What are cookies?
Cookies and flash cookies ("cookies") are data that are used in communications networks to store certain information needed when browsing. "Visit Cookies" identify a visit and are deleted after closing the page and "Cookies Permanents" remain permanently in your browsing history on your data carrier.
You may choose to have your computer warn you each time a cookie is being sent, or you may even choose to turn off all cookies through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look to your browser Help menu to learn the correct way to modify your cookies. Do note, that if you turn cookies off, you may lose access to many features that make your experience on our website more efficient, and some of our services will not function properly. If you turn cookies off and are unable to place an order online through our website, you may still place orders over the telephone by contacting customer service.
We do not respond to browser-based "do not track" signals.
We may transmit non-personally identifiable website usage information to third parties in order to show you advertising for Wear Holiday when you visit other sites.
WHAT KIND OF COOKIES DO WE USE
Wear Holiday uses visiting cookies and permanent cookies. Cookies are necessary for easy and convenient navigation on our website. Visit cookies help us to update your cart according to your wishes during your visit to our website. Persistent cookies help us to display products that you might prefer. The information provided is anonymous without any link to personal data.
HOW ARE COOKIES USED BY THIRD PARTIES?
We also use a third type of cookie on our website to improve our products and services. In particular, we use the following cookies:
We use DoubleClick DART (Dynamic Advertising Reporting and Targeting) - Google Inc. Cookies, 1600 Amphitheater Parkway, Mountain View, CA 94043, United States ("Google"), to process information about your visits to sites Internet (ours and others) for marketing purposes. Technology provides targeted advertising services over the Internet. You can block the use of DoubleClick cookies.
WHICH THIRD-PARTY PERSONS/ENTITIES IS MY PERSONALLY IDENTIFIABLE INFORMATION STORED WITH?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include www.WearHoliday.com. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep your information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
We may also include links to third party websites on our Website in an attempt to provide you with increased value. These linked websites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including whether a specific link works).
DISCLOSURE BY NECESSITY
We may occasionally access, preserve, and/or disclose personal information as required by law, for example, to comply with a court order or subpoena or we have a good faith belief that such action is necessary to:
- comply with the law or with legal process;
- protect and defend our rights and property;
- protect against misuse or unauthorized use of our Services; or transfer
- protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).
- As we continue to develop our business, we or our affiliates may sell or buy other businesses or entities, or we may merge with another company, or be bought by another company. In such transactions, personal information may be among the transferred assets.
Your information may be stored and processed in any country in which we maintain facilities or conduct operations. By using our Website, your personal information may be transferred outside of your country of use and/or residence.
When your account becomes inactive, your information may remain in our computers, electronic databases, and archives, and may not be reasonably capable of expungement.
COPPA Compliance. We do not knowingly collect or store any personal information about children under the age of 13.
PO BOX 455, St. Francis, MN 55070
TERMS OF SERVICE
EFFECTIVE DATE: November 9, 2019
This website is operated by Wear Holiday. Throughout the site, the terms “we”, “us” and “our” refer to Wear Holiday. Wear Holiday 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.
By visiting our site and/ or purchasing something 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.
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.
ONLINE STORE TERMS
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.
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.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
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.
MODIFICATIONS TO THE SERVICE AND PRICES
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.
PRODUCTS OR SERVICES (IF APPLICABLE)
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 Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color 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 anytime 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.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
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. In the event that 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 detail, please review our Returns Policy.
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 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 for 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.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
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 are 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 e-mail 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.
ERRORS, INACCURACIES AND OMISSIONS
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.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
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 Wear Holiday, our directors, officers, employees, affiliates, agents, contractors, interns, 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 Wear Holiday and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 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).
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 constitutes 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 State of California, U.S.A.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at 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 our Terms of Service should be sent to email@example.com.