Term & Conditions
The information and materials on this Site are provided for general informational purposes. You may use this Site solely for the purpose of learning about and/or purchasing our Products. You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on this Site for any other purpose. This Site is not directed at children and you may not use this site if you are under the age of thirteen.
2. Order Acceptance and Cancellation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your payment method has been charged. If applicable, your order will be refunded in the original form of payment. If your credit card has been charged and your order is canceled, we will issue a refund to your credit card account in the amount of the charge and notify you that your order was canceled. Promotions will be refunded and reactivated in your account, as long as the promotion has yet to expire.
Orders from our Site may be canceled any time before the order is packed (15 mins from the time the order is placed) by contacting firstname.lastname@example.org as soon as possible. You will receive a full refund, including any shipping, duties, and/or regional taxes. Once the order is packed, however, Porte Mode cannot cancel the order. Please note that orders may be packed within an hour of receiving the purchase confirmation.
3. Payment Terms
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, shall be as follows:
All orders are subject to verification for security reasons. You will be contacted and will have 48 hours to complete the verification process. If you do not respond after such time, you will be notified and the order will be canceled and refunded in the original payment method.
Once you place an order from our Site, you will be required to pay the full amount due, plus shipping fees (if applicable) and any taxes associated with the Product at the time you place your order.
4. Changes in Products and Pricing
We are constantly updating and revising our offerings of Products, and we may discontinue Products at any time without notice. All pricing for the Products is subject to change. For all of our prices and Products, we reserve the right to make adjustments due to changing market conditions, Product discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances. If the price of an order changes after you've paid for it, your order will be canceled and your monies refunded.
We attempt to be as accurate as possible with Product descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment method has been charged. If your payment method has already been charged for the purchase and your order is canceled, we shall issue a refund in the amount of the charge and advise you of the canceled order. If you are not completely satisfied with your purchase, you may return it in accordance with our Return Policy, as set forth below.
Porte Mode will honor price adjustments on Products purchased within a 5-day period prior to the start of a sale. Please note that the Product must still be available on the Site in the same size originally purchased to qualify for this policy. All approved price adjustments will be issued in the form of Porte Mode Credits and the Product will be considered a Final Sale, as defined below.
We are only able to honor price adjustments at the initial markdown, and will be unable to honor them with subsequent markdowns or changes in prices, if any.
We will not price match any sale or discount prices with any other retailers, including affiliates.
5. Shipping Fees and Taxes
We may charge sales tax on orders shipping to certain states, in accordance with state law. This tax will be charged at the time you place your order for the Product.
6. Shipping Policy
We offer a variety of shipping options to meet your shipping needs. Please check the shipping options at checkout for specific delivery options and fees. No Cash on Delivery (C.O.D.) orders can be accepted.
Please note that the posted shipping time frame, if provided, may vary from item to item. The posted shipping time frame is contingent upon payment approval and may be delayed should we experience difficulties in obtaining authorization or for other reasons.
All orders are dispatched with ‘No Signature Required’ and may be left at a residence deemed safe by the delivery company. Porte Mode is not responsible for any loss or liability or damage that may result from leaving your package at the shipping address without a signature. If you prefer to have your order shipped with ‘Signature Required’, please contact email@example.com so that we may make arrangements.
7. User Submitted Content
The Site may, from time to time, offer interactive features that allow users to submit content to the Site. Porte Mode does not and cannot review all such content, and is not responsible for such content. You acknowledge that by providing the ability to view and distribute user-generated content on the Site, (the “User Content”), we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability related thereto. By submitting any User Content, you represent and warrant that: (a) you are the sole creator and/or author of any such User Content including any intellectual property rights therein, or, before posting, you obtained from the copyright owner the right to use and authorize Porte Mode to use such User Content; (b) you hereby waive any moral rights you may have in such User Content; (c) and all such User Content is true and accurate; and (d) you are the person appearing in any photograph or content uploaded. In any event, Porte Mode reserves the right to block or remove communications or materials that it determines to be unacceptable to us in our sole discretion.
By submitting any User Content, you hereby grant Porte Mode (1) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium, or technology throughout the world without compensation to you; and (2) the rights to publicity to use your name and/or likeness. If you are between the ages of 13 and 17 (i.e., not yet 18), you represent and warrant that you have your parents' permission to make such grants. All content that you submit may be used at our sole discretion without any obligation of confidentiality.
Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Porte Mode employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is false, misleading, inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable in a manner which may constitute or encourage a criminal offense, violate the rights (including intellectual property rights or rights of publicity or privacy) of any party, or which may otherwise give rise to liability or violate any law.
8. Interaction with Other Users
You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release Porte Mode (and Porte Mode's officers, directors, agents, affiliates, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, 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.
9. Product Colors, Designs, and Typographical Errors.
We have made every effort possible to ensure the colors and designs are displayed as accurately as possible. However, we cannot guarantee that your computer’s monitor will accurately display the true color or design of the Products. If you have any questions about the color or design of an item please contact firstname.lastname@example.org prior to placing your order. Similarly, in the event that a Product is mistakenly listed at an incorrect price or with incorrect specifications, we reserve the right to refuse or cancel any orders placed for such Product listed incorrectly, whether or not the order has been confirmed and your payment method has been charged. If your payment method has been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account or other payment method used in the amount of the incorrect price charged. In no event shall Porte Mode be obligated to provide you the merchandise at the incorrect price.
10. Return Policy
In order to return Products that are not Final Sale (as defined below), please follow the instructions on our Site for Returns. The cost of return shipping shall be borne by you, and if you are eligible for a refund, we will deduct such cost from any amount to be refunded.
We are pleased to accept timely returns of new and unused Products within 14 days from the date you received your order. Returns can be refunded as Porte Mode Credits or to the original method of payment, where applicable.
Your Products must be returned in the original packaging, including any boxes, hangers, garment bags, and other signature packaging materials, including Porte Mode and designer hanging tags. Other designer packaging such as belts, dust bags, authenticity cards, and leather tags should all be included where provided. If your order did not include the proper packaging please email email@example.com. We may, at our sole discretion, refuse to accept any returned Products which are damaged, do not include the packaging materials, are soiled, or have been altered, and will return such Product back to you. In any case, refunds or credits will not be processed until the items are returned to and inspected by Porte Mode.
Late Returns. Any Product returned outside of the 14-day return policy is eligible for a refund only at the sole discretion of Porte Mode, and we may not accept the Product or may accept the Product only in exchange for Porte Mode Credits, at our sole discretion.
Final Sale. If a Product is not eligible to be returned (“Final Sales”), it will be noted in the Product Details.
11. Contests and Promotions
Porte Mode may, sometimes, issue promotional codes, site credits, and similar “gift certificates” which will provide a credit towards a purchase on the Site when redeemed at checkout. These codes are non-transferrable, and are to be used only by the intended recipient. In particular, we reserve the right to cancel a promotion and/or to reject redemption of a promotional code when the total value of the promotional code exceeds a certain value, generally the price of the Product for which the promotional code is used.
Promotions are only eligible for full-priced Products and are limited to one per transaction. Minimum spends may be required. Where a promotion has been communicated via email, the promotional code is non-transferable and the email address provided during checkout must be the same as the email address to which the promotion was sent. Porte Mode shall not be liable to any customer for any financial loss arising out of the refusal, cancellation or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason.
Promotional codes do not cover the costs of any shipping, duties, and/or regional taxes where applicable, and you are responsible to pay for them.
All promotions have an expiration date. Once a promotion has expired the amount may not be refunded.
Any Porte Mode contest rules and regulations will be communicated directly to you.
12. Disclaimer of Warranties
THIS SITE, ITS CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PORTE MODE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Porte Mode does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Porte Mode does not make any warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
14. Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER PORTE MODE, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE SALE, DELIVERY, OR USE OF THE PRODUCTS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR WEBSITE. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
15. Intellectual Property
Unless otherwise noted, the design of the Site, the Site as a whole, and materials that are part of the Site (collectively, 'Materials') are copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by Porte Mode or its affiliates. The Materials, including Porte mode’s trademarks and design, Logo and trade name may not be used by you for any commercial purpose without Porte Mode's written consent.
All software used on this Site is the property of Porte Mode or its software suppliers and protected by copyright laws and may not be used for any purpose by you. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
You agree that Porte Mode may, without cause or prior notice, and without liability to you or any third party, immediately terminate your membership, any promotion or accumulated reward associated with your membership and/or email address, access to your membership page, access/participation in any special promotions, access to our blog, access to or participation in any promotions or contests, or access to any of our social networking pages, in accordance with the these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your membership may be referred to the appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity.
We may terminate your account for reasons including, without limitation: (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership deletions), (d) discontinuance or material modification to the Site (or any part thereof), (e) technical or security issues or problems, (f) inactivity, (g) engagement by you in fraudulent or illegal activities, (h) nonpayment of any fees owed by you in connection with the Site, and/or (i) no cause at all.
Termination of your Porte Mode membership would result in: (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with or inside your membership page (or any part thereof), and (c) barring of further use of your membership. Further, you agree that all terminations for cause shall be made in Porte Mode's sole discretion and that Porte Mode shall not be liable to you or any third party for any termination of your membership, any associated email address, or access to your membership.
You may terminate your membership, this Agreement, and your right to use your membership at any time and for any reason or no reason, by contacting us at: firstname.lastname@example.org.
Governing Law. The laws of the State of New York, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Site and the purchase of Products. You and Porte Mode agree to submit to the exclusive personal jurisdiction and venue of the State and Federal Courts of New York located in Manhattan with respect to such matters.
Severability. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.