Legal

TERMS & CONDITIONS

 

Welcome to BellaNové.

—The revolving pregnancy wardrobe that adapts to you—

 

These terms and conditions of use (these “Terms & Conditions” or this “Agreement”) establish the terms and conditions under which you, the user (“you”), will submit information to and rent items of clothing (each a “Product” and collectively “Products”) and receive related services (“Services”) from BellaNove, LLC (“BellaNové” or “we”) via our website www.bellanove.com (our “Website”).

 

These Terms & Conditions constitute a binding legal agreement between you and BellaNové, so please read them carefully. By ordering Products offered on our Website, signing up for our Services, or providing your credit card details on our Website, you are agreeing to be bound by and are becoming a party to this Agreement. If you do not agree to ALL of these Terms & Conditions, you are not authorized to use our Website.

 

We reserve the right, at our sole discretion, to update, revise, or otherwise change these Terms & Conditions at any time without notice to you. Please check these Terms & Conditions periodically for changes. Your continued use of our Website following the posting of any changes to these Terms & Conditions constitutes acceptance of such changes.

 

 

  1. Adult Agreement Required; Privacy; Rental Terms.

A. Eligibility

 

You must be 18 years of age or older to use our Website. By using our Website, you represent and warrant that you are an adult 18 years of age or older and that you have the capacity to understand, agree to, and comply with these Terms & Conditions. You agree to provide true, accurate, current, and complete information about yourself, as prompted during the registration, check-out process, or otherwise, and to maintain and promptly update your information to keep it true, accurate, current and complete. You further represent and warrant that you have full authority to make use of the credit card to which the membership, rental, or other fees will be charged. You further agree that such credit card information shall be subject to approval by our merchant and processing agent.

 

B. Privacy

 

You acknowledge and agree that information you provide to us is subject to our Privacy Policy. You hereby accept the terms of our Privacy Policy, accessible on our Website.

 

C. Rental Terms

 

In consideration of the monthly membership fee paid by you (the “Membership Fee”) and the covenants and agreements set forth in these Terms & Conditions, we agree to rent to you on a monthly basis a maximum of five (5), eight (8), or twelve (12) Products, commensurate with the particular membership tier (your “Membership”) that you purchase. You agree and acknowledge that you are renting the Products for a limited period of time and that ownership of the Products at all times remains with BellaNové, subject to your purchase of the Products in accordance with Section 4.C. of these Terms & Conditions. You acknowledge and agree that such number of Products can remain in your possession for an unlimited period of time so long as you continue to make RECURRING payments of the Membership Fee on a monthly basis.

 

 

  1. Membership Fee; Credit Card Authorizations; Cancellation.

 

A. Membership Fee

 

By purchasing your Membership, you agree to pay the monthly Membership Fee, subject to any charges incidental thereto, including but not limited to insurance and delivery, as well as any discounts offered by us as specified on our Website.

 

You acknowledge and agree that your Membership Fee excludes all federal, state, and local taxes, fees, customs, duties, levies and other governmental assessments, all of which you shall pay directly or, if paid by us on your behalf, for which you shall reimburse us.

 

B. Credit Card Authorization for Membership

 

Upon purchase of your Membership, you hereby authorize us to charge your credit card on a RECURRING basis in the amount of the the Membership Fee, plus any additional charges incidental thereto, including but not limited to insurance and delivery. Pursuant to the foregoing authorization, your credit card will be AUTOMATICALLY charged upon commencement of your Membership and approximately every thirty (30) calendar days thereafter until such time as you cancel your Membership as hereunder provided.

 

C. Cancellation of Membership

 

You may cancel your Membership at any time. You acknowledge and agree that you must cancel your Membership no later than THREE (3) BUSINESS DAYS in advance of any given monthly Membership renewal in order to avoid being charged the Membership Fee for such month. You acknowledge and agree that all Products in your possession must be returned to us before you cancel your Membership. Any Products not received by us before you cancel your Membership will be deemed to have been purchased by you in accordance with Section 4.C. of these Terms & Conditions.

 

To cancel your membership please call (323) 786-3705, Monday to Friday, 9 AM to 5 PM PST.

 

 

  1. Limited Warranties.

 

You acknowledge and agree that the limited warranties set forth in this Section 3 may be acted upon only by you, and may not be assigned, sold, or transferred to any third party. You acknowledge and agree that no warranties are granted hereunder other than as set forth in this Section 3. Your sole and exclusive remedy, and our sole and exclusive liability, for our breach of any limited warranty or otherwise shall be, at our option, either (a) our use of commercially reasonable efforts to replace in a timely manner any non-conforming Product or (b) our issuance to you of a refund in the amount of one (1) month’s Membership Fee, excluding insurance, delivery, or other incidental costs.

 

A. Delivery

 

All deliveries shall be made in accordance with our internal delivery and mailing schedules. We do NOT under any circumstances guarantee the delivery date of any Product, and you agree and acknowledge that delivery of any Product is subject to availability, which may change without any advance notice to you, and the constraints of delivery service, including but not limited to severe weather conditions.

 

B. Cleaning

 

All Products will be professionally cleaned and delivered ready to wear. We tumble wash or dry clean each product, inspecting it with utmost care. Nevertheless, You acknowledge and agree that use of any Product is at your own risk and that we shall bear no liability for any health-related complaints associated with any Product, including but not limited to skin or other allergies.

 

C. Services

 

Through our Website, we offer various Services to assist You in selecting Products from our Website. These Services are provided “AS IS” without any guarantee as to results.

 

D. Color and Other Differences

 

You acknowledge and agree that any Product may appear slightly different in color or style as compared to photos of such Product as displayed on our Website. You acknowledge and agree that our liability to you for not meeting your satisfaction as a result of such differences is limited to our providing you a refund in the amount of one month’s Membership Fee to the credit card charged, such refund to exclude insurance, delivery, or other charges incidental thereto.

 

E. Return of Unworn Products Due to Size

 

If any Product delivered to you does not fit you to your liking, then you may return such Product to us by mail using the prepaid label included with your delivery, provided you inform us via phone or email and return the product in accordance with the printed return instructions included with the Products on delivery.

 

 

  1. Your Commitments to Us; Payment of Retail Value.

 

A. Receipt of Products

 

You acknowledge and agree that you bear responsibility for all Products from the time such Products are delivered at your shipping address to the time such Products are delivered to our return center (such period the “Rental Period”). You acknowledge and agree that we bear no liability for any Products left unattended at the shipping address. Furthermore, you acknowledge and agree that your providing anything other than a secure shipping address to which Products are to be delivered may result in delivery delays and additional delivery fees for which You shall be liable in full.

 

B. Use of Products; Damage to Products

 

You agree to treat the Products with great care as if borrowed from a close friend and to the Products them to our return center in the same condition in which they were delivered to you. You acknowledge and agree that You are completely responsible for loss of or destruction or damage to the Products during the Rental Period for any reason, other than normal wear and tear. Normal wear and tear includes minor stains, missing beads, stuck zippers or other minor damage, as determined in our reasonable discretion.

 

You acknowledge and agree that, if you return to us a Product that has been damaged during the Rental Period beyond normal wear and tear (“Substantial Damage”), you shall pay—and you hereby authorize us to charge your credit card—for the repair or replacement of such Product, as determined in our sole discretion, up to such Product’s ORIGINAL RETAIL VALUE, as determined by us, plus any applicable sales taxes (“Retail Value”).

 

C. Return of Products; Late Return; Failure to Return

 

You agree to return the Products on or before the return date (the “Return Date”) indicated for the Products using the pre-paid, pre-addressed return label, and in accordance with the printed return instructions, included with the Products on delivery. You acknowledge and agree that all returns must be postmarked by the Return Date in order to avoid incurring additional charges.

 

You acknowledge and agree that, if you return a Product late, you authorize us to charge your credit card a late fee of fifty dollars ($50.00). If you fail to return a Product within [ ] calendar days following the Return Date, you acknowledge and agree that you will be deemed to have purchased the Product and hereby authorize us to charge your credit card the Retail Value of such Product, whereupon all right, title, and interest in and to such Product shall transfer to you on an “AS IS” basis.

 

D. Collections

 

If we do not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Should you fail to pay any amount to which you agree hereunder, we shall have the right to institute collection procedures with all costs of collection, including without limitation reasonable attorneys’ fees, to be borne in full by you.

 

E. Termination

 

We reserve the right to terminate your membership at any time for any reason or no reason in our sole discretion.

 

F. Email

 

You acknowledge and agree that we may send you communications from us, including email, text messages, calls, and push notifications, including for the purposes sending you reminders, facilitating secondary authentication, and providing other information, including but not limited to promotions. We may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. You acknowledge that opting out of receiving communications may impact your use of the Services.

 

 

  1. Limitation of Liability.

 

A. No Indirect Damages

 

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.

 

B. Limited Direct Damages

 

OUR AGGREGATE LIABILITY ARISING OUT OF THE PRODUCTS AND SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED ONE (1) MONTH’S  MEMBERSHIP FEE.

 

C. Use of Results at Your Risk

 

YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM USE OF THE PRODUCTS OR SERVICES.

 

  1. Miscellaneous

 

These Terms & Conditions constitute the entire agreement between You and BellaNové with respect to the subject matter hereof and supersede all prior written and oral agreements, understandings and undertakings with respect to the subject matter hereof. The waiver of any term or condition or any breach thereof shall not affect any other term or condition of these Terms & Conditions  nor constitute waiver as to any future breach. These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of California, notwithstanding any conflicts of laws principles.

 

The intellectual property rights in all Website Content as well as works derivative thereof remain the property of BellaNové or its licensors and is protected by copyright, trademark, and other intellectual property laws. “Content” includes, but is not limited to text, design and functions; layout, technology, software, scripts, data, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, functionality, files, documents, images, or other materials that you may view or access through our Website. You are not permitted to modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any Content or to publish, manipulate, distribute or otherwise reproduce, in any format, any of the Content or copies of the Content supplied to you or which appears on our Website nor may you use any such Content in connection with any business or commercial enterprise. Further you shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any Content supplied by BellaNové or its licensors.  All rights which have not been expressly granted to you hereunder are reserved by BellaNové or its licensors as applicable.

 

All trademarks, service marks, logos, slogans and taglines displayed on our Website are the property of BellaNové or their respective owners, and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on our Website without the express written permission of Bellanové or such third-party.

 

 

Sections 1, 2, 3, 4, 5, and 6 shall survive termination of this Agreement according to their terms. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. BellaNové shall not be liable for failure to perform any of its obligations hereunder, or be considered in breach of these Terms & Conditions, for any reason beyond its reasonable control, including, without limitation, fire, earthquake, interruptions in supply, other natural disaster, war, embargo, riots or acts of terrorism.

 

 

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