Terms & Conditions
TYPES OF USERS
You may simply browse the Site as a visitor, or you may create an account (“Account”) to become a client (“Member”). Members with an active Account will receive personalized products, styles and brands via email (“Styling Email”). Both visitors and Members may purchase Products.
To become a Member, you must provide your name, email address, other registration information, and select a password (“Account Information”), which you should not share with any third parties. In becoming a Member, you represent and warrant that: (a) all required Account Information you submit is truthful and accurate, and (b) you will maintain the accuracy of such Account Information. We will also ask you for additional information about you, including your size, fit, and style preferences in order to establish your style profile (“Style Profile”). In order for the Services to work best for you, please keep your Style Profile up to date. Please also keep your Account Information confidential. If someone accesses our Services using your Account Information, we will rely on that Account Information and will assume that it is really you or someone you have authorized who is accessing the Services. You are solely responsible for any and all use of your Account Information and all activities (including orders placed through the Site) that occur under or in connection with your Account. We reserve the right to take whatever action we deem necessary to preserve the security of the Site and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Site under your Account. You may not use anyone else’s Account at any time without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity. You must be at least 18 years old to be a Member. If we later discover or suspect that a person under 18 years old has requested an Account, we reserve the right to take steps to cancel that request.
SHIPMENTS, RETURNS, AND EXCHANGES
When you sign up to receive Styling Emails, we will send you a personally curated selection for you by our team, at our discretion. If you order an item(s) from the selection, the available ship dates are determined at our discretion and may vary based on a variety of factors, including without limitation inventory, supplier, brand, geography, and automatic shipping preference.
Purchased Item Returns. If you want to return any Products you’ve previously purchased, please consult our returns policy at the Site.
Exchanges. Unfortunately, we are not able to exchange or replace any item. If you want to exchange any item, please contact us and we will look into the availability of a new product.
Legal Details. From time to time, certain information at the Site may contain pricing errors, typographical errors, and/or other errors or inaccuracies - which we may correct without liability. Products displayed may be out of stock or discontinued, and prices can be subject to change. We reserve the right to limit quantities purchased by Members. We do not guarantee that all Products at the Site and/or described on our Services, will be available at all times. In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase Products, we do not authorize the purchase of commercial quantities of our Products. We further reserve the right to cease doing business with customers who violate this policy.
You may pay for any Products via credit card or other payment method then available on the Site. By submitting your payment information to us, you authorize us to charge your credit card then available in accordance with these Terms. 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 will not be liable in the event your children or others acting with or without your permission use your credit card, 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 credit card or other payment method.
PRODUCTS FOR MEMBERS
While Next makes efforts to follow the style you express in your Style Profile, we do not guarantee that every item in your Catalog will meet those preferences.
You are responsible for the payment of the Products and/or Services you Purchase, and state and local sales taxes that apply to your order where we elect or are required to collect and remit such taxes. If we don’t collect the applicable sales tax, you are responsible for payment of the applicable use taxes. Next may provide certain promotions or credits to customers. Depending on the type of promotion or credit offered, it may reduce the amount of state and local sales taxes that apply to your order. The application of the promotion or credit will be reflected on your receipt.
Upon availability, You may purchase Next gift cards through the Site (“Gift Cards”). Gift Cards can be redeemed solely through our Site for Products or Services. Gift Cards cannot be redeemed for cash except where required by law, if any - and as applicable. For balance information, or to replace the remaining value on a damaged card, contact us. Gift Cards require no maintenance, activation, or other fees. Risk of loss and title for Gift Cards pass to the purchaser upon electronic transmission to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Next is not responsible for lost or stolen Gift Cards, or for use without your or the recipient’s permission. Next reserves the right to close Accounts or request alternative forms of payment if a Gift Card is fraudulently obtained or used. For full terms and conditions and/ or gift cards availability, please visit the Site.
Upon availability, and as indicated by Next via the Site - you may participate in Next Referral Program (the “Program”). The Program is entirely discretionary by Us. If you are accepted into the Program, you will receive a referral credit toward future purchases (a “Referral Credit”) when you make a Qualifying Referral. In order to receive a Referral Credit, each of the following requirements must be met (collectively, a “Qualifying Referral”): (1) you must be a Member; (2) you must share a referral link that is unique to you with your contact who has not previously used Next; (3) you must disclose your relationship with Next (e.g., “if you place an order, I’ll get a credit”); (4) the referred person must register at the Site and become a Member after directly clicking the unique link; (5) the referred person must, within a reasonable period of time, place and order. Criteria for Qualifying Referrals (the “Reward Criteria”) may vary from time to time at Next’s sole discretion. Purchases using Gift Cards are not Qualifying Referrals.
The amount of the Referral Credit will be the amount specified on your unique referral page triggered by a Qualifying Referral meeting the Reward Criteria. You may be required to pay taxes, and we may be required to withhold taxes, on the value of redeemed Referral Credits if the value exceeds certain thresholds. Referral Credits will be reflected in your Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. The maximum amount of Referral Credits that you can receive in any calendar year is $499.
Restrictions. Referral Credits can be accrued solely by you and you may not earn Referral Credits by:
- permitting another individual to use your Account;
- creating multiple Accounts;
- promoting your referral code through paid marketing, such as search engine or social media marketing (e.g., AdWords, Yahoo, Facebook, Instagram, Tik Tok);
- posting your unique referral link on any public forum or coupon site where you are not the primary content owner (e.g., you may post referral link on your personal Facebook page or tweet it from your your personal Twitter account, but you may not post it on a public site like Wikipedia); or
- upon notice, any other restriction we impose on participants in the Program.
If you are a paid Next Influencer you may or may not earn Referral Credits under the Program in the same calendar year that you receive payments from Next or a Next affiliate marketing partner.
By acquiring Referral Credits, you agree and acknowledge that Next is granting you a limited, non-transferable, revocable license to a digital item, and that Referral Credits are not your personal property. You may not obtain any cash or money in exchange for Referral Credits. You are responsible for notifying Next if you believe the number of Referral Credits in your Account is incorrect.
Next reserves the right to remove Referral Credits from an Account at any time. Unless extended by Next at our discretion, Referral Credits will automatically expire ninety (90) days from issuance.
We reserve the right to modify, suspend or terminate the Program and to void any Referral Credits upon notice to you. We may provide such notice in any way compliant with applicable law including via email to the last email address you provided to us, by amending these terms or posting a change to the Program on our Site. All Referral Credits are voided immediately upon termination of this agreement or the closing of your Account.
OWNERSHIP OF INTELLECTUAL PROPERTY
GENERAL RULES OF USER CONDUCT
You agree not to (i) take any action or (ii) make available any content on or through the Site and/or the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, pornographic, or profane; (C) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning of Our Technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Technology.
RIGHT TO SUSPEND
Next reserves the right, in our discretion, to suspend your Account, your use of the Site and/or the Services, or the sending of Styling Emails at any time at our discretion including, as necessary to protect the security or operation of the Site and/or the Services.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site, the Products and/or the Services (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Site, Services or any Products and (b) promote the Site, Services and Products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other 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 and/or the Services, 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 and/or the Services 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 the Services. If you object to any such changes, your sole recourse will be to cease access to the Site and/or the Services. Continued access to the Site and/or the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site and/or the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and/or the Services at any time, for any reason, at 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 and/or the Services.
THIRD PARTY CONTENT AND OTHER WEBSITES
DISCLAIMER OF WARRANTIES
Some jurisdictions do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from territories, and 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 maximum permitted under such applicable law.
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/or the 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 without limitation - 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 and/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 Site, Products or Services, for any information appearing on any other site linked to our Site and/or the Services. If you are dissatisfied with any portion of the Site and/or the Services, your sole and exclusive remedy is to discontinue use of the Site and/or the Services. Our total liability to you for all claims arising from or related to the Services is limited, in aggregate, to the greater of: (i) the total amount of your last order prior to the date of the event giving rise to our liability, or (ii) one hundred dollars (U.S. $100.00).
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 but not limited to: 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, pandemics, curfews, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties and/or any other event of similar nature.
We may give notice to you by email, a posting on the Site and/or the Services, or other reasonable means. You must give notice to us in writing via email with the subject line “Legal Notice.”
You may contact us via email at email@example.com.