Terms and Conditions
These terms outline the rules and regulations for the use of BlackCart's services.
Disclaimer: This summary section isn't part of the Terms & Conditions and is not a legal document. It's just a handy reference to quickly understand what's in the legally-binding Terms & Conditions found below.
The purpose of BlackCart is to let you pick out clothes to try on at home, before having to commit to purchase. As long as you use our service as intended, be reasonable and responsible, and don't do anything stupid, you'll be fine!
1. There are no purchase minimums, or long-term ordering commitments.
2. You need a valid credit card to place an order. We won't charge it but may attempt to preauthorize to check its validity.
3. Once the item(s) you ordered are shipped to you, liability falls under your responsibility.
4. You have 5 days to try on anything you order. If you keep something afterwards, we'll then charge you for it.
5. You cannot use BlackCart as a clothing rental service.
6. If you keep something and we aren't able to charge you for it, late fees may be applied and we will bill you.
7. Using BlackCart doesn't affect your credit score. We only report to credit bureaus if you keep something and don't pay.
8. We reserve the right to refuse our services to anyone for any reason, but typically because we suspect fraud or abuse of our services.
Our goal is to make our terms as easy to understand as possible. For any questions, contact us.
By accessing this website we assume you accept these Terms & Conditions in full. Do not continue to use BlackCart's website if you do not accept all of the Terms & Conditions stated here.
The following terminology applies to these Terms & Conditions and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Canada. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
BlackCart and its services are intended solely for Clients who are natural persons, sixteen (16) years of age or older. However, if law requires that you must be older in order for BlackCart to lawfully provide the services to you without parental consent (including using of your personal data) then the minimum age is such older age. By using BlackCart or accessing this website, you represent and warrant that you are eligible to do so. We must also be able to verify your identity.
Unless otherwise stated, BlackCart and/or it’s licensors own the intellectual property rights for all material on BlackCart. All intellectual property rights are reserved. You may view and/or print pages from blackcart.co for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from blackcart.co
- Sell, rent or sub-license material from blackcart.co
- Reproduce, duplicate or copy material from blackcart.co
- Redistribute content from blackcart.co (unless content is specifically made for redistribution).
The Service is designed to offer people the opportunity to pick out their own clothes (“items”) and try them on in the privacy of their own home before committing to purchase. A BlackCart merchant will send a limited number of items at once (“shipment”). Once you create a BlackCart account, you will become a “Member.” For more details about the Service, please see https://blackcart.co/howitworks. With each shipment, you have five (5) days after it is delivered to review the selection of items and try them on (“try-on period”). We charge you for all items not returned in accordance with the Return Policy, below, at the end of the try-on period, although we may bill you earlier in certain circumstances (for example, if you return item(s) from your shipment before the try-on period is over, if you request us to, if we have reason to believe that the order is fraudulent, if there has been a pattern of credit issues, or if we notify you that we will do so). There are no purchase minimums or long-term purchasing commitments. You may suspend your Membership at any time by contacting BlackCart customer support at [email protected] BlackCart reserves the right to terminate your membership, to refuse any and all current or future use of the Site or the Service, and not to do business with any Member or anyone else, each as BlackCart deems appropriate in its sole discretion for any reason.
Placing an Order
To receive a shipment, you will be required to provide BlackCart with information regarding your credit card or other payment instrument. You represent and warrant to BlackCart that such information is true and that you are authorized to use the payment instrument. BlackCart may sometimes attempt to preauthorize your provided card to test its validity, up to 100% of the order value. Preauthorized amounts are never captured and immediately cancelled. 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 agree to pay BlackCart the charges incurred in accordance with this Terms & Conditions. You hereby authorize BlackCart to bill your payment instrument in accordance with this Terms & Conditions until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let BlackCart know within fifteen (15) days after the date that BlackCart bills you. The current price for each item will appear on the order details page inside of your account, and any email correspondence as part of your order. We reserve the right to institute fees for any portion of the Service, but if we do, we will provide notice of the change before your next shipment is shipped. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on BlackCart’s net income (e.g., sales tax). BlackCart reserves the right to institute a change in pricing for any portion of the Service. In cases of low purchase activity, BlackCart may offer an optional opt-in program that places a charge in exchange for credit on your account. This charge will be placed on your credit card before your order is shipped, and will automatically be applied as credit towards your next purchase. BlackCart reserves the right to refuse its service for anyone for any reason, including, without limitation, if BlackCart believes that you have violated or acted inconsistently with the letter or spirit of these Terms & Conditions, or due to any suspected fraudulent, abusive or illegal activity.
Return Policy, Shipping Policy
You may return any qualifying item from your shipment you receive through our service (in accordance with the instructions provided with your shipment) within five (5) days after it is delivered. For free returns, any items must be returned using either the pre-paid return label and box or the pre-labeled return bag provided inside of the shipment, and items must be unworn (other than “tried-on”), in their original condition and include all original tags and packaging. Members will not be charged fees for shipping or return shipping, except in special circumstances (where we will give you advance notice). All items you receive through BlackCart will be shipped by a third-party carrier. Additional return policy terms can be found on the merchant partner website for which each order is placed from.
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use. Furthermore, items within their try-on period used for commercial purposes without the express permission of BlackCart will be considered purchased, and you will be charged accordingly. In this context, commercial usage includes, but is not limited to, public posting of BlackCart items within the try-on period with affiliate links not authorized by BlackCart.
Hyperlinking to our Content
The following organizations may link to our Web site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
We may consider and approve in our sole discretion other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
- dot.com community sites;
- associations or other groups representing charities, including charity giving sites,
- online directory distributors;
- internet portals;
- accounting, law and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to [email protected]. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
- By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.
No use of BlackCart’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
You agree that we or any of our agents or third parties acting on our behalf may contact you periodically to send you reminders to pay your outstanding obligations through any of the communication methods available to us. If your payments are delinquent, collection proceedings may be initiated to collect your outstanding owed amount which may include contacting you, the assignment of your balance to a third party collections agency, reporting negative information to the credit reporting agencies, restricting your access to BlackCart for future orders, or taking legal action.
Generally, there are no fees to use BlackCart's services, including ordering fees, return fees, shipping fees, or price markups. However, late fees may be applied if you incur an unpaid balance with BlackCart. You agree to pay a late fee of $15 if the total due payment is not received by its due date. You agree to pay an insufficient funds fee of $15 if any payment transaction is returned or fails due to insufficient funds in your account. In addition, some merchant partners may institute a secruity deposit for orders that are placed from their website. All security deposits are refundable.
As a condition to accessing the Site or using BlackCart's services, you agree that you will not:
- Fraudulently use the information of any other person without such person’s authorization
- Use another person’s account with BlackCart without such person’s authorization
- Use BlackCart for any illegal purpose
- Provide to us any misleading or false information, including in your order profile or in any of your communications, whether in writing or orally
- Use any software, device, or technology to commit unauthorized use of the Site or disrupt the Site in any way
- Or otherwise engage in any activity that is illegal or in contravention of any agreement you have with BlackCart
You agree that BlackCart, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if BlackCart believes that you have violated or acted inconsistently with the letter or spirit of these Terms & Conditions. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. BlackCart may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms & Conditions may be effected without prior notice, and acknowledge and agree that BlackCart may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that BlackCart will not be liable to you or any third-party for any termination of your access to the Service.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.