Welcome to www.stitchfix.com (the “Site”), a website operated by Stitch Fix, Inc. (“Stitch Fix”, “we”, “us”, or “our”). Stitch Fix offers a monthly styling service that gives you access to clothing and accessories (“Products”) from the best up-and-coming labels and brands and a number of related services (collectively, the “Services”). The way we do this, though, will have you checking your mailbox as you await your next “Fix”. Here’s how it works: you provide your Style Profile. We then select a number of products for you and ship it to you. You won’t know what’s in the box until you open – and that’s part of the excitement. Read on for more details.
TYPES OF USERS. You may simply browse the Site as a “Visitor” or you may create an account (“Account”) and register with us to become a “Customer”. You must be a Customer to order Fixes.
Fixes and Returns
Fixes. From time to time, we will send you an email offering you a Fix. When you choose to receive a Fix, we will send you some Products chosen by Stitch Fix. You will be able to try them on in your own home and see what you like. You can decide to keep all, some or none of the Products in your Fix, and we will bill you for the ones you keep as described in Section 4 below.
Returns. If you want to return any of the Products in your Fix, simply place them in the return package we provide and mail them back to us at no cost to you. Any retuned products must be postmarked no later than the three (3) days after you receive the package (the “Return Date”). We will assume that you have chosen to keep any Products in the Fix that you do not postmark back to us one week following the Return Date, and we will charge your Account for those Products anytime after that day. Any exceptions permitting a return postmarked longer than one week after the Return Date must be requested in a timely manner and may be granted at the sole discretion of Stitch Fix. Products must be returned unworn and in the original condition.
Legal Details. OUR SCHEDULING OF A FIX IS AN OFFER TO PURCHASE THE PRODUCT(S) IN THE FIX, WHICH YOU MAY RETRACT BY RETURNING THE PRODUCTS YOU DON’T WANT AS DESCRIBED ABOVE. WE MAY ACCEPT YOUR REQUEST FOR A FIX BY PROCESSING YOUR PAYMENT OF THE STYLING FEE (AS DESCRIBED BELOW) AND SHIPPING YOU THE FIX. For any reason, we may decline to accept your request for a Fix. If we decline to accept your request for a Fix, we will attempt to notify you at the email address you provided. All Products shall be deemed accepted by you upon shipment, and title to and risk of loss passes to you when we provide the Product(s) to a common carrier.
STYLING FEE AND PAYMENT. When we ship you a Fix, we will charge you a non-refundable “Styling Fee” in the amount set forth on the Site. The Styling Fee will be charged at the time we ship your Fix. However, if you choose to keep Products from your Fix, the Styling Fee will be credited towards the purchase price of any Products you choose to keep from your Fix. To pay for an Order, you will need to provide Stitch Fix with the information necessary to process an Order from you, including your shipping address and the billing information requested to pay for such Order . You may pay for the Styling Fee and any Products from your Order via credit card or other manner then available on the Site. By submitting your payment information to us, you authorize us to charge the applicable payment method at our convenience but within thirty (30) days of the Return Date unless we otherwise notify you. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so . We shall not be liable in the event your children or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make Orders on the Site; however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.
PRICING AND PRODUCTS. Stitch Fix does not disclose the prices of its Products until you receive a Fix. While Stitch Fix makes efforts to follow the style and price preferences you express in your Styling Profile, we do not guarantee that every item in your Fix will comply with those preferences. Don’t worry though – if you don’t like it, just send it back in accordance with Section 3. Please remember that you are responsible for paying the price of any and all Products in your Fix, whether they conform to your Style Profile or not, unless you return the Products by the Return Date . You are responsible for the payment of any Styling Fees, and state and local sales or use taxes that may apply to your Order. - The manufacturer of each Product, and not Stitch Fix, is responsible for the quality and any warranty of any of its Products shipped or purchased from Stitch Fix . If you have any problems with an Order, you should first contact Stitch Fix by email at firstname.lastname@example.org and we will put you in touch with the right person to handle it. "
REFERRAL CREDITS. You may earn credits for use at www.stitchfix.com if you refer a new customer to Stitch Fix. You will receive credits after the first shipment for the referred customer. The amount of credit you will receive is according to the stated amount on the website at the time the referred customer signs up at HYPERLINK "https://www.stitchfix.com" www.stitchfix.com. The maximum credit amount that you may accrue at any one time is $2,000.
Content Guidelines. Please use good taste in any and all content you post to our Site, in our forums, comments to our blog, or on any other page or website related to Stitch Fix, including text, links, images and videos, other than Stitch Fix content (“Your Content”).
Remember you're in public — the information you post in public areas including forums and comments can be seen by anyone on the Internet.
Respect others' opinions — if necessary, agree to disagree.
Use good judgment — stay in good taste, including in any comments.
A word about language: Vulgar language or crude sexual references are not appropriate.
Harass, verbally attack, or threaten others.
Pretend to be someone you are not or claim false credentials.
Pretend to make any claims, representations or warranties on behalf of any third party or Stitch Fix.
Post or link to content that is obscene, discriminatory, defamatory, harmful, threatening, or racially, ethnically, religiously, sexually or otherwise offensive.
Post content that isn’t yours — whether copyrighted or someone's personal material.
Believe everything you read — content may be inaccurate or inappropriate for you and no two people will have exactly the same opinions.
Engage in, link to, or promote illegal activities or content.
Post personal information about someone else unless it’s OK with them.
Use a review, a post, or a group as an opportunity to vent, disparage or flame a clothing brand, person, organization or entity
Express negative opinions without supporting facts
Post or link directly to any content with vulgarities directed towards another person, organization or entity.
You may see things posted by third parties that you did not want to encounter. You can ignore it, but we prefer you report it by sending an e-mail to email@example.com
You represent and warrant that Your Content does not and will not: (a) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) violate any law, statute, ordinance or regulation, including, without limitation, the laws and regulations governing export control; (c) be defamatory or trade libelous; (d) be pornographic or obscene; (e) violate any laws regarding unfair competition, anti-discrimination or false advertising; or (f) contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines.
GENERAL RULES OF USER CONDUCT.
It is our goal to make access to our Site and Services a good experience for all of our Users. You agree not to, and represent and warrant
that you will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, your use of the
Site or Services, or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you, or do any of the following:
Conduct or promote any illegal activities while using the Products, Site or Services;
Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
Use the Site or Services to generate unsolicited email advertisements or spam;
Use the Site or Services to stalk, harass or harm another individual;
Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or Our Content contained on any such web page for commercial use without our prior express written permission;
Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or Mirror or frame the Site or any of Our Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
RIGHT TO SUSPEND. Stitch Fix reserves the right, in its discretion, to suspend your Account, your use of the Services or the sending of Fixes at any time at our discretion including, without limitation, as necessary in Stitch Fix’s discretion to protect the security or operation of the Site or Services.
FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products, the Site, or the Services (collectively “Feedback”), you agree we may use the Feedback to modify our Site and Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or discontinue the Site or Services (including Fixes) with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO COLLECT PAYMENT, FACILITATE THE FULFILLMENT OF ORDERS, AND PROVIDE ACCESS TO THE SITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE PRODUCTS OR FOR ANY INFORMATION APPEARING ON ANY OTHER SITE LINKED TO OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF (i) THE TOTAL AMOUNT OF YOUR ORDERS IN THE THREE (3) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY, AND (ii) TEN DOLLARS (U.S. $10.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
RELEASE. You hereby release Stitch Fix, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of the Site or Services; or (ii) your purchase of any Fixes or Product(s). You hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor" and you waive any other similar provision of the laws of any other applicable jurisdiction.
COPYRIGHT VIOLATIONS. We respect the intellectual property of others, and we ask you to do the same. If you believe
that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site or Services;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our copyright agent for notice of claims of copyright infringement on the Site or the Services can be reached by email at firstname.lastname@example.org.
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and Stitch Fix must abide by the following rules: (a) for any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (b) if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to -face hearing is appropriate, in which case one should be held at a location agreed to by you and Stitch Fix, and if the parties cannot agree on a location for the hearing, the arbitrator will determine a location for the proceedings which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; (c) the arbitrator’s ruling is binding and not merely advisory; (d) ANY CLAIMS BROUGHT BY YOU OR Stitch Fix MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e ) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (f) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Stitch Fix will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (g) Stitch Fix also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (h) the arbitrator shall honor claims of privilege and privacy recognized at law; (i) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or Stitch Fix shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/Stitch Fix customer; and (j) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses.
With the exception of subparts (d) and (e) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (d) or (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Stitch Fix shall be entitled to arbitration. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and Stitch Fix shall be exclusively brought in the state or federal courts specified in subsection “(d)” above.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
LAST UPDATED: September 20, 2012