Welcome to Sensible Fashions! This website located at www.sensiblefashionz.com (this “Site”) is owned and operated by Shane Witter and Brandon Brown, Inc. (the “Company”) Sensible Fashions provides website features and other products and services to you when you visit, shop or purchase items from this Site, use Sensible Fashions services, access this Site from your mobile devices, or use software provided by Sensible Fashions in connection with any of the foregoing (collectively, “Sensible Fashions Services”). Sensible Fashions provides its products and services subject to these Terms of Service.
By using Sensible Fashions Services, you agree to these conditions. Please read them carefully.
By accessing or using this Site, mobile application or other Sensible Fashions product or service on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you acknowledge and agree that you have read, understand and agree to be bound by these Terms of Service and any other applicable law, whether or not you are a registered member of Sensible Fashions. Sensible Fashions may change these Terms of Service at any time without notice. When we make changes, we will post them here. Your continued use of the Sensible Fashions Services or enrollment as a Sensible Fashions VIP Member shall be considered your acceptance to the revised Terms of Service. If you do not agree to these Terms of Service, please do not use this Site or any Sensible Fashions Services and immediately cancel your Sensible Fashions VIP Membership by calling one of our customer service representatives at 1-800-301-1081. You must be at least 18 years old to use this Site or Services.
When you use any Sensible Fashions Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the other Sensible Fashions Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SENSIBLE FASHIONS MEMBERSHIP
Sensible Fashions provides a monthly membership program that grants you access to style experts and the latest apparel, shoe, handbag and fashion trends. After you have successfully created an Account, you will have the option to select your favorite item(s) from the STORE section of your Account (“WISH LIST”). There is no registration fee and no obligation to purchase.
Shipping and handling charges are based on your subtotal order amount, calculated after applicable discounts and before sales tax. Rates are calculated as follows:
Subtotal Amount 48 Contiguous
United States Alaska, Hawaii,
Puerto Rico APO/FPO Canada
$39.00 and over FREE (Rates are subjected to change)
4-10 Business Days $9.00
7-10 Business Days $9.00
30 Business Days $6.95
6-10 Business days
Under $39.00 $4.95 Flat Rate
4-10 Business Days $9.00
7-10 Business Days $9.00
30 Business Days $6.95
6-10 Business days
Subtotal Amount 48 Contiguous
United States Alaska, Hawaii,
Puerto Rico, APO Canada
$39.00 and over $8.95
2-3 Business Days N/A N/A
Under $39.00 $8.95
2-3 Business Days N/A N/A
*All delivery times above are based on average in-transit time. Orders shipped to Canada, P.O. Boxes and APOs/FPOs do not qualify for Rush Shipping.
As soon as your order ships, you will be provided with a tracking number via email. You can also find your order details and tracking information on the Order History tab within the My Account section. We do not guarantee any specific delivery dates or times.
RETURNS & EXCHANGES
If for any reason you are not happy with your selection, you can exchange an item for another item, or return it for a credit or refund, subject to the following terms and limitations.
We only accept returns or exchanges up to 15 days from the original date of shipment as stated in on our “Return and Deliveries” page. Any item to be returned or exchanged must be in new, unused and resalable condition. Any exchange or return should be sent back in the original, undamaged box and packaging, plus any accessories or extras that may have been included with the shipment. Due to our fabulous pricing, we are required to charge a $5.95 restocking fee for all items returned for a refund. Items exchanged for another item or returned for a credit are not charged a restocking fee.
To make a return or exchange, please follow these steps:
Obtain a Return Merchandise Authorization (RMA) number. This allows us to process your return. You can obtain a RMA number by calling our Fashion Consultants by dialing our toll free number at 1-800-301-1081. Our Fashion Consultants will email you our pre-paid return shipping label. Alternatively, you can obtain a RMA number online by clicking on the link in the ‘My Order History’ section in your account. Send the item back in the original, undamaged box and packaging.
Attach the pre-paid return shipping label to your shipment and drop it off at any USPS or FedEx locations.
RISK OF LOSS/TITLE
The risk of loss and title for products purchased on the Site or through the Sensible Fashions Services passes to the purchaser upon our delivery to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation. We will adjust your account at our discretion. Sensible Fashions does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Sensible Fashions does not take title to the refunded item.
Sensible Fashions is required by law to collect sales tax on orders shipped to California, and Kentucky. If your order is shipping to these states, the appropriate charges will be added to your merchandise total and displayed on your final order confirmation. Sensible Fashions reserves the right to collect sales tax in any other jurisdictions if Sensible Fashions believes that such collection is required by law.
To make purchases through the Sensible Fashions Services you must submit credit card information for purchase of item(s). You represent and warrant to Sensible Fashions that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You authorize Sensible Fashions to use and store any credit card information submitted by you or updated credit card information submitted by your credit card company directly to Sensible Fashions. If you dispute any charges, you must inform Sensible Fashions within thirty (30) days upon receipt of Sensible Fashions’ invoice. We reserve the right to change Sensible Fashions prices, fees or the number of Member Credits required to purchase items. Your continued use of the Sensible Fashions Services after the price change becomes effective constitutes your agreement to pay the changed amount.
Sensible Fashions may, from time to time, partner with certain third-party payment services (e.g., Masterpass, Visa Checkout or PayPal)(each, a “Payment Service”) to make the payment process more efficient and streamlined. If you choose to use a Payment Service on this Site, you authorize Sensible Fashions to receive and store the payment information associated with your use of such Payment Service and to use such payment information in connection with your purchase of Sensible Fashions Services. (This paragraph was updated on December 19,2017).
ACCOUNT CONFIDENTIALITY AND ACCESS
You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and all access to and use of the Sensible Fashions Services by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. You agree to accept responsibility for all activities that occur under your account and password. Sensible Fashions shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of the Sensible Fashions Services is in compliance with these Terms of Service. You further acknowledge and accept that Sensible Fashions shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to this Site or any Sensible Fashions Services, which is defined as a matching and current member sign-in and user password. You shall notify Sensible Fashions immediately of any unauthorized access to your Account or any other unauthorized use of any Sensible Fashions Services.
You agree that Sensible Fashions may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following: (a) breach or violation of these Terms of Service; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which Sensible Fashions believes is harmful to its business interests: or (f) for no reason. You agree that any termination, limitation of access and/or suspension shall be made in the Sensible Fashions’ sole discretion and that Sensible Fashions shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.
Any and all Sensible Fashions Services may be used only for lawful purposes and are available only for your personal, noncommercial use, which shall be limited to viewing this Site, purchasing products, providing information to Sensible Fashions, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications. Sensible Fashions specifically prohibits any use of the Sensible Fashions Service, and requires all users to agree not to use the Sensible Fashions Services, for any of the following:
Posting any information which is incomplete, false, inaccurate or not your own;
Creating multiple accounts for the same user;
Accessing data not intended for you or logging on to a Sensible Fashions server or account, which you are not authorized to access;
Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws;
Attempting to interfere in any way with this Site’s network security, or attempting to use this Site’s service to gain unauthorized access to any other computer system;
Communicating, transmitting, or posting material that is in violation of applicable laws or regulations;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
Attempting to interfere or interfering with the operation of this Site, Sensible Fashions’ provision of services to any other visitors to this Site, Sensible Fashions hosting provider or Sensible Fashions networks, including, without limitation, via means of submitting a virus to this Site, overloading, “flooding”, “mailbombing” or “crashing” this Site;
Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to this Site.
Any and all content, comments, feedback, suggestions, ideas, concepts, photos, questions or other communications (collectively, “User Content”) that you submit or post through any Sensible Fashions Services shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Sensible Fashions and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display, or use the User Content in any commercial or non-commercial manner whatsoever. Sensible Fashions will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Sensible Fashions shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. Sensible Fashions retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.
If you utilize your Facebook account to access and use the social features available through the Sensible Fashions Services, you can choose whether or not you wish to share content or information related to your Account on Facebook. You agree that Sensible Fashions is not responsible for any content or information related to your Account once it is shared and posted on Facebook. If you use the Sensible Fashions Services and its social features, you agree to respect other users of the Sensible Fashions Services in your interactions with them. Sensible Fashions reserves the right, in its absolute discretion, to disable your account if it believes that you are violating any term or condition set forth herein.
By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information, or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold Sensible Fashions and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Prices, descriptions and availability of products are subject to change without notice. Errors may be corrected when discovered, and Sensible Fashions reserves the right to revoke any stated offer in order to correct any errors or inaccuracies. Although Sensible Fashions has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and Sensible Fashions cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Sensible Fashions is not responsible for typographical errors regarding price or any other matter.
All orders placed through any Sensible Fashions Services are subject to Sensible Fashions’s acceptance. This means that Sensible Fashions may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Sensible Fashions will issue you a refund.
INTELLECTUAL PROPERTY RIGHTS
All content, graphics, text, code and software used on or incorporated into this Site and/or any Sensible Fashions Service, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Sensible Fashions and all rights thereto are specifically reserved. As between you and Sensible Fashions, (or any other company whose marks appear on any of the Sensible Fashions Services), Sensible Fashions (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on any of the Sensible Fashions Services, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. The Sensible Fashions logos, designs, titles, phrases, product names, photographs, images, videos and content and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Sensible Fashions Intellectual Property”) are owned by Sensible Fashions and may be registered in the United States and internationally. You agree not to display or use the Sensible Fashions Intellectual Property in any manner without Sensible Fashions’ prior written permission. Nothing contained on this Site or in any of the Sensible Fashions Services should be construed to grant any license or right to use any Sensible Fashions Intellectual Property without the prior written consent of Sensible Fashions.
Except as otherwise provided herein, use of the Sensible Fashions Services does not grant you a license to any materials, content or features you may access on this Site or via the Sensible Fashions Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the Sensible Fashions Services is strictly prohibited, except as otherwise approved by us. You may not download or save a copy of any of the materials and content or screens for any purpose except as otherwise provided by Sensible Fashions. If you make use of the Sensible Fashions Services, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information contained in the Sensible Fashions Services including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
DISCLAIMERS AND LIMITATION OF LIABILITY
Sensible Fashions publishes information within the Sensible Fashions Services as a convenience to its visitors. While Sensible Fashions attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Sensible Fashions Services at any time without notice. The Sensible Fashions products described in the Sensible Fashions Services may not be available in your region. Sensible Fashions does not claim that the information on this Site is appropriate to your jurisdiction or that the products described in the Sensible Fashions Services will be available for purchase in all jurisdictions.
YOUR USE OF THE SENSIBLE FASHIONS WEBSITE IS AT YOUR SOLE RISK. SENSIBLE FASHIONS AND THE PRODUCTS OFFERED THROUGH THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SENSIBLE FASHIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SENSIBLE FASHIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE OR ANY OF THE SENSIBLE FASHIONS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY OF THE SENSIBLE FASHIONS SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.
SENSIBLE FASHIONS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE SENSIBLE FASHIONS SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SENSIBLE FASHIONS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF SENSIBLE FASHIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SENSIBLE FASHIONS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR SENSIBLE FASHIONS ISSUED AGAINST YOU BY THIRD PARTY FINANCIAL INSTITUTIONS SUCH AS BANKS OR CREDIT CARD COMPANIES. SENSIBLE FASHIONS SHALL NOT BE LIABLE FOR ANY OVERDRAFT, LATE OR ANY OTHER CHARGES ISSUED AGAINST YOU BY A BANK OR CREDIT CARD VENDOR.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE DISSATISFIED WITH A PRODUCT OFFERED THROUGH SENSIBLE FASHIONS THAT IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN ACCORDANCE WITH THE RETURN POLICY SET FORTH IN DETAIL IN THESE TERMS OF SERVICE.