Terms & Conditions of Sale | Modest MedWear
Welcome to Modest MedWear. These Terms and Conditions of Sale (“Terms”) govern your purchase of products through our website, modestmedwear.com, and constitute a legally binding agreement between you (“Customer,” “you,” “your”) and Modest MedWear (“we,” “us,” “our,” “Company”).
Please read these Terms carefully before placing an order. By accessing our website and making a purchase, you agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein. If you do not agree with any part of these Terms, you must not place an order with us.
1. Eligibility & Account
You must be at least 18 years of age and have the legal capacity to enter into a binding contract to place an order.
You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account.
You agree to provide accurate, current, and complete information during the purchase process and to promptly update your information to keep it accurate.
2. Products & Descriptions
We make every effort to display our products, including their colors, fabrics, and designs, as accurately as possible on our website. However, due to variations in computer monitors and screen settings, we cannot guarantee that the color you see on your screen will exactly match the product color. Please refer to our fabric and sizing descriptions for detailed information.
All products are subject to availability. We reserve the right to discontinue any product at any time and to correct any errors, inaccuracies, or omissions in product information or pricing without prior notice.
Modesty & Fit Disclaimer: Our scrubs are specifically designed according to principles of modesty for healthcare professionals. It is the Customer’s responsibility to review our detailed Size & Fit Guide and select the appropriate size. Due to the intentionally looser fit and specialized designs, our sizing may differ from standard medical scrubs.
3. Orders, Pricing & Payment
Order Acceptance: Your order constitutes an offer to purchase our products. All orders are subject to acceptance by us. We will confirm acceptance by sending you an order confirmation email. The contract for sale is formed only when we send this confirmation.
Pricing: All prices are listed in [e.g., US Dollars, USD] and are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed. We are not responsible for typographical errors in pricing.
Taxes & Shipping: Applicable sales tax and shipping charges will be clearly displayed and added to your total during the checkout process.
Payment: We accept major credit cards and other payment methods as displayed at checkout. Payment must be received in full before we process and ship your order. You represent and warrant that you have the legal right to use any payment method you provide.
4. Shipping & Delivery
Processing & Transit Times: Order processing times and shipping methods/transit times are estimates only, as detailed on our Shipping Policy page. We are not liable for delays caused by carrier services, customs, or unforeseen circumstances.
Delivery Address: You are responsible for providing a complete and accurate shipping address. We are not responsible for lost, stolen, or misdelivered packages due to an incorrect or incomplete address provided by you.
Risk of Loss & Title: Title to the products and risk of loss passes to you upon our delivery of the items to the shipping carrier.
5. Returns, Exchanges & Refunds
Our Happiness Guarantee is detailed in our separate Return & Exchange Policy. Please review it thoroughly, as it is incorporated into these Terms by reference. Key points include:
Eligibility: Items must be unworn, unwashed, with original tags attached, and returned within the specified timeframe (e.g., 30 days from delivery).
Process: A Return Merchandise Authorization (RMA) number is required for all returns/exchanges. Follow the instructions in our Return Policy.
Refunds: Refunds for approved returns will be issued to the original payment method within a specified number of business days (e.g., 7-10). Original shipping fees are non-refundable. Return shipping costs are the Customer’s responsibility unless the return is due to our error or a defective item.
Final Sale: Certain items, such as clearance or specially discounted merchandise, may be marked as final sale and are not eligible for return or exchange.
6. Limited Warranty & Disclaimers
Limited Warranty: We warrant that our products will be free from material defects in workmanship and materials under normal use for a period of [e.g., 90 days] from the date of purchase. This warranty does not cover damage resulting from accident, misuse, improper care (e.g., failure to follow washing instructions), alteration, or normal wear and tear.
Remedy: Your exclusive remedy and our sole liability under this warranty is, at our option, the repair or replacement of the defective product, or a refund of the purchase price.
DISCLAIMER: TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE LIMITED WARRANTY ABOVE, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUR PRODUCTS ARE DESIGNED FOR PROFESSIONAL MEDICAL USE BUT ARE NOT CERTIFIED AS MEDICAL DEVICES OR PERSONAL PROTECTIVE EQUIPMENT (PPE) UNLESS EXPLICITLY STATED.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MODEST MEDWEAR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA, OR USE, ARISING FROM OR RELATED TO YOUR PURCHASE OR USE OF OUR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR PURCHASE SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO US FOR THE SPECIFIC PRODUCT(S) GIVING RISE TO THE CLAIM.
8. Intellectual Property
All content on our website, including designs, text, graphics, logos, and images, is the property of Modest MedWear or its licensors and is protected by copyright and other intellectual property laws. You may not use, reproduce, or distribute any content without our prior written permission.
9. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of [Your State/Province], without regard to its conflict of law principles.
Any dispute arising from or relating to these Terms or your purchase shall be resolved exclusively in the state or federal courts located in [Your County and State/Province], and you consent to the personal jurisdiction of such courts.
10. General Provisions
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Force Majeure: We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control.
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Severability: If any provision of these Terms is found to be unlawful or unenforceable, that provision shall be deemed severed, and the remainder shall continue in full force and effect.
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Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
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Entire Agreement: These Terms, together with our Privacy Policy and Return Policy, constitute the entire agreement between you and Modest MedWear regarding your purchase.
11. Contact Information
For questions about these Terms and Conditions, please contact us at:
Modest MedWear
Email: contact@modestmedwear.com
