Website Terms of Service
Welcome to the Madrag website (“Website”). Madrag (also referred to as “we” or “us” or “our”) offers this Website as a unique fashion experience where you can discover your own personal style and be a part of a community. Users of the Website (“users” or “you” or “your”) will have access to information, may purchase clothing, accessories, or other products provided by us or our third party providers (“Products”), and participate in services and benefits that we offer from time to time, including for example, rewards programs, shopping experiences, and other offers and opportunities (collectively, “Services”). As a condition of using the Website for any purpose, you must agree to and comply with this Website Terms of Use (“Terms of Use”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR ORDERING PRODUCTS OR SERVICES. BY ACCESSING OR USING THIS WEBSITE, AND/OR ORDERING PRODUCTS OR SERVICES YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND YOU ARE CREATING A BINDING CONTRACT BETWEEN YOU AND US. YOU REPRESENT THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE, OR THAT YOU ARE 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.
WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE. PLEASE CHECK PERIODICALLY FOR UPDATES. THE DATE AT THE TOP OF THESE TERMS OF USE REFLECTS THE MOST RECENT VERSION. BY ACCESSING THIS WEBSITE AND/OR PURCHASING PRODUCTS OR SERVICES THROUGH THIS WEBSITE, YOU ARE INDICATING YOUR AGREEMENT TO THE CURRENT VERSION OF THESE TERMS OF USE.
SECTION 1 - ONLINE TERMS
You are not required to create a user account to enjoy use of our Website. If you create a user account, you must provide true, accurate, current and complete information and you must update your user account whenever the information you provide has changed, including your email address, credit card numbers and expiration dates. It is your responsibility to maintain the confidentiality of your user name and password, and you agree to accept responsibility for all activities that occur under your user account. You may not transfer, assign or sell your user account to any third party. We have the right to rely upon any information received from any person/entity using your username and password under your account, and you agree that we will not incur any liability arising out of such reliance.
We reserve the right, in our sole and absolute discretion, to refuse to provide Services, deny the registration of your user account.
SECTION 2 – SECURITY
You understand that your personal information (excluding credit card information), may be transferred unencrypted, and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You are prohibited from violating or attempting to violate any security features of this Website, including, without limitation, (i) accessing Materials that are not intended for you, (ii) logging onto a server or account that you are not authorized to access; (iii) attempting to probe, scan, or test the vulnerability of this Website, or any associated system or network, or to breach security or authentication measures without proper authorization; (iv) interfering or attempting to interfere with any Services we provide through this Website; (v) using this Website to collect or track the personal information of others or to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services whether or not they are Products or Services we offer; (vi) using any automatic or manual process to monitor or copy any portion of this Website; (vii) introducing any viruses, Trojan horses, malware, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (viii) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used with or for this Website.
SECTION 3 – USE OF THE WEBSITE
You may use our Website for informational purposes, receive Services and benefits and/or purchase Products. All content included on this Website, such as text, graphics, icons, images, Product and Services descriptions and the underlying source code (collectively, “Materials”) are the exclusive property of Madrag or a third party provider with whom we do business (“Provider”). All Materials, including the trademarks, service marks and logos (collectively, “Marks”) used and displayed on this Website, are protected by U.S. and international copyright laws. You may view and download the Materials for your personal use or information, provided that you retain all copyright and other proprietary notices contained in the original Materials. Nothing on this Website or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on this Website, without the written permission of the owner of the Marks.
You may not modify, reproduce, publicly display, assign, license, sublicense, or distribute the Materials for any public or commercial purposes or use the Materials outside the uses expressly permitted above. Any use of the Materials on any other website or networked computer environment for any purpose is prohibited. You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Website. You may not purchase Products or receive Services without our express written permission.
SECTION 4 – LIMITED WARRANTY; WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY
We have made every effort to display as accurately as possible the colors and images of some of our products made available at our stores. We cannot guarantee that your computer monitor's display of any color will be accurate.
THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE OF, OR INABILITY TO USE THIS WEBSITE, ANY THIRD PARTY LINKED SITES, PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH OUR ONLINE STORE, OR ANY MATERIALS AND/OR MARKS CONTAINED ON THIS WEBSITE. THE EXCLUSIONS IN THIS SECTION INCLUDE BY WAY OF EXAMPLE, BUT NOT LIMITATION, DAMAGES CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, THE MATERIALS, OR THE PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE, YOU MAY BE ELIGIBLE FOR AN EXCHANGE OR RETURN, AND YOU MAY DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO US FOR THE PRODUCTS OR SERVICES THAT SPECIFICALLY CAUSED THE DAMAGE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
SECTION 5 – THIRD-PARTY LINKS
Certain content, Products, and Services on our Website may include materials from third parties.
This Website may contain links that direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any information made available to you through such third party websites. We do not warrant, recommend, or endorse, nor will we assume 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 liable for any harm or damages you incur, directly or indirectly, arising from your 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's privacy policies and terms and make sure you understand them before you engage in any transaction. When you leave our Website, the terms, conditions, and privacy policies on such third party sites will apply to you Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 6 – FEEDBACK, COMMENTS, AND ADDITIONAL USE PROHIBITIONS
If you upload submissions (for example, in the context of a sweepstakes or contest entry) or you send us creative ideas, suggestions, proposals, plans, materials, or feedback, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction or limitation, edit, copy, publish, distribute, translate and otherwise use the Feedback in any medium. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
If we permit you to upload data to the Website for public display (“Comments”), we may, but have no obligation to, monitor, edit or remove any Comments that you or any other user uploads to our Website. Notwithstanding the foregoing, you agree that: (a) you are strictly prohibited from uploading any Comments or otherwise using the Website for any purposes that are offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or which violate these Terms of Service or any international, federal, provincial or state regulations, rules, laws, or local ordinances; (b) your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, publicity, image, or other personal or proprietary right; (c) your Comments will not contain computer virus or other malware that could in any way affect the operation of the Service or any related website; (d) you will not upload Comments or use the Website to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate any person based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; and (e) you will never use a false e-mail 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.
SECTION 7 - PERSONAL INFORMATION
Personal information that you submit when you purchase Products or Services from our online store or which is collected from you during your use of the Website is governed by our Privacy Policy which is incorporated into and made a part of these Terms of Use. For more detail, please view our Privacy Policy.
SECTION 8 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Madrag and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your (a) use of the Website or (b) breach of these Terms of Use, or (c) violation of any law or the rights of a third-party.
SECTION 9 – TERMINATION
Any conduct by you that we reasonably believe violates these Terms of Use, any applicable laws, impacts or ability to conduct business, or restricts or inhibits any other user from using or enjoying this Website is strictly prohibited and is deemed a material breach for which we may immediately block your access to the Website, suspend or terminate your user account, and/or take any other actions available to us in law and in equity. You acknowledge and agree that we may at any time, for any reason or no reason, suspend, terminate, or restrict your access to or use of this Website, or any portion thereof, or your user account with or without notice, unless otherwise prohibited by applicable law.
Each of our obligations and liabilities under these Terms of Use that are intended to survive will survive our termination of your access to the Website, suspension or termination or your user account, and/or our decision to cease providing the Website, Products, or Services, which may be undertaken at any time in our sole and absolute discretion.
SECTION 10 – GOVERNING LAW
Any claim relating to this Website, the Materials, Marks, and/or your use of this Website (including without limitation any purchases of Products or Services you make through this Website and/or any claims relating to the Privacy Policy located within this Website) are governed by and construed in accordance with the laws of the State of New York (regardless of the laws that might be applicable under principles of conflicts of law).
SECTION 11 – GENERAL PROVISIONS
In the event that any provision of these Terms of Use 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 Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use 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 Website, including purchase and receipt of Products and Services, and supersede 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 these Terms of Use or comparable documents or agreements).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 12 - MOBILE MESSAGING TERMS AND CONDITIONS
618 Main Clothing Corp. (“MadRag”, “we”, or “us”) operates a mobile messaging program (the “Program”) subject to these Mobile Messaging Terms and Conditions (these “Mobile Messaging Terms”). The Program and our collection and use of you personal information is also subject to our Privacy Policy Privacy Policy — Madrag and our Terms of Service. By enrolling, signing up, or otherwise agreeing to participate in the Program, you accept and agree to these Mobile Messaging Terms and our Privacy Policy and Terms of Service.
PROGRAM DESCRIPTION: We may send promotional and transactional mobile messages in various forms through the Program. Promotional messages advertise and promote our products and services and may include promotions, special offers, events, and other marketing offers. Mobile messages may be sent using automated technology, including autodialer, automated system, or automatic telephone dialing system. Message frequency will vary but will not exceed 8 messages per month. You agree that we, our affiliates, and any third- party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes, except in connection with marketing purposes. We do not charge for mobile messages sent through the Program, but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for short message service and multimedia message alerts.
USER OPT-IN: By providing your mobile phone number to us, you are voluntarily opting in to the Program and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at [insert email or other contact method]. Your participation in the Program does not require that you make any purchase from us and your participation in the Program is completely voluntary.
USER OPT-OUT AND SUPPORT: You may opt-out of the Program at any time. If you wish to opt-out of the Program and stop receiving mobile messages from us, or you no longer agree to these Mobile Messaging Terms, reply STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE to the mobile number the message is sent from. You may continue to receive text messages for a short period while we process your request, and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. If you want to join the Program again, just sign up as you did the first time, and we will start sending messages to you again. For support, reply HELP to any mobile message from us. Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate the Program, and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.
DISCLAIMER OF WARRANTY AND LIABILITY: The Program is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the Program.
MODIFICATIONS: We may modify or cancel the Program or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the Program will constitute your acceptance of those modifications. Ordering Information Changing or Canceling Your Order Please review all order details before submitting your order. NO changes can be made once an order has been submitted.
SECTION 13 - ORDERING INFORMATION
FORMS OF TENDER
MadRag accepts Visa, MasterCard, Discover, and American Express for online purchases.
CHANGING OR CANCELING YOUR ORDER
Please review all information before submitting your order, NO modifications can be processed after submitting. This includes changing sizes, adding/deleting items, changing addresses and canceling orders.
If we cancel your order due to items being oversold, you will receive an email confirming the cancelation and the refunded amount. Shipping Information Standard Shipping: Standard shipping is $8.00. Delivery is guaranteed within 10-14 business days beginning the first business day after your order is placed. Orders are processed on the first available business day after your order is placed. When offered: Free Shipping promotions are based on product subtotal before any taxes are calculated. * Please note that orders shipped to Alaska & Hawaii require an additional 7 business days to ship.
PLEASE NOTE FOR FREE SHIPPING PROMOTION:
When offered, the calculations are based on subtotal before tax.
MadRag reserves the right to start, stop, or change the promotion at any time.
ISSUES WITH DELIVERY:
In the event that your tracking shows that your package has been received but you cannot locate it, please contact a member of our Customer Service team via email at customerservice@madrag.com so they we may investigate this for you. All lost order claims must be filed within 3 business days of the shipping delivery date. Any claims filed after the 3-business day window may not qualify for a replacement or refund.
PLEASE NOTE: MADRAG IS NOT LIABLE FOR THE REPLACEMENT OR REFUNDING OF THE BELOW:
Any orders where the shipping address was incorrectly entered at the time of the purchase. Please make sure to verify all shipping information before you submit your order.
Any orders where the tracking has proven delivered, yet the packages are missing, i.e.: stolen, if applicable, customer would need to file a claim with UPS.
SHIPPING RESTRICTIONS:
Products containing alcohol (perfume, hair spray) are considered potentially hazardous and can only be shipped via UPS Ground to the continental US.
Products containing Lithium-Ion batters (regular & rechargeable) are considered potentially hazardous & can only be shipped via Ground delivery or out of the continental US.
We do not offer Saturday, Sunday, or holiday delivery.
MadRag does not require a signature upon delivery. The shipper will leave your package at the safest location at your address.
The shipper reserves the right to require a signature for a package delivery.
WEEKENDS AND HOLIDAYS:
MadRag’s Customer Service Office is closed on Saturday and Sunday and the following holidays: New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, and Christmas Day. Please add one business day to ALL shipping for orders placed during this time.
INTERNATIONAL SHIPPING
Currently MadRag does not offer shipping outside of the continental United States.
INFORMATION ABOUT RETURNS
RETURN POLICY:
Purchases are eligible for return within 3 days of the shipping delivery date. Refunds will be made to the original form of payment. Returns are accepted on full priced merchandise purchased on our web site provided the items are unworn, unwashed, undamaged, and have the original tickets attached. See full return policy below for details.
All clearance items, undergarments, cosmetics, bodysuits, swimwear, and jewelry are FINAL SALE and cannot be returned for any reason.
Purchases made with a Gift Card cannot be refunded to a Credit Card.
Footwear must include the original shoe box in its original condition, without shipping labels. Footwear returned in a damaged shoe box or without the original shoe box will be donated to a local charity.
The website will not accept items purchased at MadRag stores in our returns center.
Website merchandise returns will not be accepted in MadRag stores.
Any items returned to our returns center after 3-days of the shipping delivery date return window will not receive refund/credit but will be donated to a local charity.
Customers are responsible for the cost to ship return merchandise to: MadRag Returns: 5601 West Side Ave., North Bergen, NJ 07047
HOW TO RETURN:
To start the return process, please submit a Returns Form — Madrag. Please allow 48 hours for a return to be processed. The RMA will be emailed to the email address attached to the order.
Once approved please securely pack your item(s), with the original tags attached, include the original order invoice and RMA, and attach shipping label. Please make sure to retain your return tracking information for your records.
Please Note: Once your return has been initiated you will have 7 days to ship your items before your label expires. Please allow up to 7 business days for your return to be processed once it has been received at our internet returns center.
DEFECTIVE oR INCORRECT ITEM:
If you have received a defective item or an incorrect item/size purchased through our online store, please contact our customer service team by email at customerservice@madrag.com within 3 business days of delivery. Please include your first and last name, order number, item name, and photo of the defect in the email.
Please note if you contact us outside of the 3-business day window the item may not qualify for replacement or return.
We are not responsible for damage to clothing or accessories caused by improper care or incorrect sizing.
The exact colors of merchandise may vary due to photography lenses, indoor/outdoor lighting, and computer/phone monitor resolutions. Clothing patterns may also vary. These situations do not qualify as defects.
#mADRAGSTORES
By tagging your photographs and videos (together, the "Photos") #madragstores on Twitter, Instagram, or Facebook you, the undersigned, hereby grants MadRag and their agents, affiliates and/or assignees, a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide, perpetual license to display, distribute, reproduce, and create derivatives of the Photos, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in connection with the #madragstores feed. You also grant MadRag permission to use and authorize others to use your name or social media handle and any profile picture you provide in association with the Photos for identification, publicity related to the #madragstores feed, and for similar promotional purposes. You represent and warrant that: (i) you own the Photos you tag using the hashtag #madragstores or otherwise have the right to grant the rights and licenses set forth in these terms and conditions; (ii) the posting and use of your Photos on MadRag’s page or timeline on Twitter, Instagram, TikTok, or Facebook and on the website located at madrag.com , does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iii) you have the legal right and capacity to enter into these terms and conditions. You hereby release MadRag and their agents, affiliates and/ or assignees from any and all claims for damages of any kind resulting from the use of the Photos.
SECTION 14 - CONTACT INFORMATION
Questions about these Terms of Use should be sent to us at customerservice@madragstores.com
Last Updated 10/22/24