TERMS OF SERVICE
This website is operated by Ulterior Couture using the third-party providers listed herein. Ulterior Couture 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 herein.
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.
Your use of materials on this site is at your own risk.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions in this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website 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.
QUESTIONS AND CONTACT INFORMATION
If you would like to access, correct, amend, or delete any personal information we have about you, register a complaint, or simply want more information contact [email protected].
SHIPPING AND HANDLING
Orders can be placed at ULTERIORCOUTURE.COM 24 hours a day, 7 days a week. Ulterior Couture ships domestically to all 50 states.
Orders are processed Monday through Friday, excluding holidays. Packages are shipped via FEDEX within the United States. Please allow 2-3 business days after placing your order for processing.
All orders are eligible for FREE FedEx Ground Home Delivery.
We also offer for an additional shipping fee FedEx Standard Overnight and Two Day Delivery. Shipping rates are determined based on weight of merchandise, packaging and shipping destination address.
*At this time, we are unable to ship to P.O. Boxes, P.O. addresses and U.S. territories.
RETURNS AND EXCHANGES
Full-priced items purchased from ULTERIOR COUTURE may be returned for a full refund IF returned within 14 days of your receipt by mail and meet the return requirements herein. All return items should be shipped at your cost to: Ulterior Couture, 27 West 60th Street, Unit 20953, New York, NY 10023. Please include your item number and reason for the return.
Returns may be issued by original form of payment for merchandise returned in its original condition with price and label tag attached and returned in its original packaging. Merchandise must not be worn, washed or altered. Sale merchandise is final sale and is not eligible for return.
Any product that is damaged upon your receipt must be reported to our Customer Service at [email protected] within 48 hours of delivery or return might not be approved. Ulterior Couture is not able to offer exchanges or store credit.
Return approval is at the discretion of Ulterior Couture and we reserve the right to deny any return that does not comply with our policy.
If we are unable to accept a return, a refund will not be issued. Please note that refused return items will not automatically be shipped back to you. Please advise us as soon as possible if you wish for the item to be sent back to you. Shipping charges may apply. Without instruction from you, the item will either be donated or disposed of.
Any refunds will be credited within 30 days from when the returned item(s) are received by Ulterior Couture.
ERRORS, INACCURACIES AND OMISSIONS
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.
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.
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 any third party for any modification, price change, suspension or discontinuance of the service.
PRODUCTS OR SERVICES
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 online. 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 offer products 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 error in the service will be corrected.
AGE OF CONSENT
By using this site, you represent that you are at least 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 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.
Ulterior Couture owns all the materials and content on the site and its name and/or goods are also protected by trademark, copyright and patent laws.
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.
Any unauthorized use of this website or its content may give rise to a claim for damages and is subject to the laws of the United States and the state of New York.
We reserve the right to refuse service to anyone for any reason or any time.
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 email and/or billing address and/or 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 site. You agree to promptly update your account and the information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools over which we neither monitor nor have any control or 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 providers. Please see their privacy policies.
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. Any links to third-party sites are provided solely for your convenience. Ulterior Couture does not endorse any linked sites and Ulterior Couture has no responsibility for the content of any linked sites. 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 responsible for the privacy practices of other sites and encourage you to read their privacy statements.
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 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 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 to be 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 email 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.
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 right 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 to affect the functionality or operation of the service or of any related website, other websites, or the internet; (h) to collect or track 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 website 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.
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 representations, 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 Ulterior Couture, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claims, 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 defend, indemnify and hold harmless Ulterior Couture and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees made by any party 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.
In our sole judgment if you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, we 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 the State of New York and the United States.
CHANGES OF TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
Questions about the Terms of Service should be sent to us at [email protected].