Terms of Service
TERMS & CONDITIONS
By using YogaClub’s services, you agree to these Terms & Conditions. Please read them carefully.
This website is operated by YogaClub. The terms “we”, “us”, and “our” refer to YogaClub. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms & Conditions. If you do not agree to the Terms & Conditions, you are not authorized to access our website, use any of our website’s services or place an order on our website.
USE OF OUR WEBSITE
You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract. You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems. You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Terms & Conditions.
We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website. All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction. Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in United States dollars (USD). We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities. We do not guarantee the accuracy of the color or design of the products on our website. We have made efforts to ensure the color and design of our products are displayed as accurately as possible on our website, but you acknowledge that the actual delivered product may vary from it as displayed on our website.
YogaClub offers monthly, every-other-month, seasonal (4 times a year), and annual subscription programs that provide access to hand-curated athleticwear apparel and accessories. To become a ‘Subscriber’ you must enroll by purchasing a Monthly, Every-Other-Month, Seasonal, or Annual Subscription, consisting of the selection of a package and completion of a style profile. Once per month while you are a Monthly Subscriber, every other month as an Every-Other-Month Subscriber, every three months with a Seasonal or Annual Subscription, you will receive a hand-curated subscription box containing apparel and accessories at a discount of up to 60% off the manufacturer’s suggested retail price (MSRP), based on the selections you made during the enrollment process. Items selected for each Subscriber will vary. The MSRP of your subscription boxes will typically meet or exceed the MSRP for your package which is displayed during the enrollment process, however, YogaClub reserves the right to vary the MSRP of subscription boxes up to 10% if, in YogaClub’s sole discretion, there is no sacrifice made to the quality of style of the apparel and/or accessories selected for you.
When you register for a subscription (and each time you change your plan), you expressly acknowledge and agree that YogaClub (or our third-party payment processor) is authorized to charge you every month, two months, three months, or 12 months depending on the plan you select, for your subscription (in addition to any applicable taxes and other charges) for an indefinite period of time until canceled by you or us. The amount you are charged and how often you receive a box may vary depending on the preferences you select. You acknowledge and agree that YogaClub will not obtain any additional authorization from you for such automatic, recurring payments. The fees for the subscriptions can be found on our homepage and may be subject to change in the future.
Your subscription cycle begins on the day of the month in which you first became a member, meaning if your first subscription payment was September 15th, each subsequent billing charge will occur on the 15th day of the month, at a frequency determined by your membership choice. Upon successful billing charge, an order for your next box will be placed for you. YogaClub reserves the right to terminate this agreement at any time provided you receive a refund for any product paid for but not delivered.
Please note that all transactions are processed through a third party vendor contracted with us. We do not store any of your credit card information on our servers, local hard drives, or any external media.
SUBSCRIPTION CANCELLATION POLICY
You may cancel your subscription at any time; however, cancellations must be made forty-eight (48) hours before the commencement of the next subscription cycle to avoid being charged. If you cancel your subscription after the commencement of the next subscription cycle and an order has been placed, your order cannot be canceled or changed. You may re-subscribe at any time provided that YogaClub reserves the right to not permit re-subscription where YogaClub has previously elected to terminate a subscription by you.
To cancel your subscription and all future orders:
1. Log in to your account page at https://www.yogaclub.com/account
2. Click on "MEMBERSHIP SETTINGS"
3. On the next page, click the text link "CANCEL SUBSCRIPTION"
4. Follow the prompts to select and confirm your subscription cancellation
For more information about how to cancel your membership and other subscription-related questions, visit our Help Center: https://yogaclub.zendesk.com/hc/en-us/articles/360014170034-How-do-I-cancel-my-subscription. In addition, you can contact customer support at (855) 740-2626, available between Monday-Friday from 9am-5pm PST or email us at firstname.lastname@example.org and a customer support representative will assist you with canceling your subscription. Please note that an email or voicemail stating a request to cancel is not a cancellation. Cancellations must be done through your online account or confirmed by a customer support representative.
If you cancel your subscription, you may use your subscription until the end of your then-current subscription term. There is no cancellation fee. Please note that your subscription account may only be canceled by the registered user or holder of the valid credit card on file. YogaClub also reserves the right to remove any current discount codes, offers, deals, or bundles that may be associated with the account upon cancellation.
LOTUS BUCKS PROGRAM
YogaClub offers its Subscribers the opportunity to participate in its ‘Lotus Bucks’ program, where Subscribers interact earn points, called 'Lotus Bucks', and redeem those points for discounts on future subscription boxes.
Subscribers earn points, as follows:
Every time you receive a box you earn 150 Lotus Bucks
If you ‘Like’ YogaClub on Facebook you earn 150 Lotus Bucks
If you follow YogaClub on Instagram you earn 150 Lotus Bucks
If you refer a friend who becomes a Subscriber you earn 2,000 Lotus Bucks.
Once you accumulate at least 500 Lotus Bucks, you can redeem your Lotus Bucks for rewards, including but not limited to:
500 Lotus Bucks = single use 5% off discount code
1000 Lotus Bucks = single use 10% off discount code
2000 Lotus Bucks = single use 25% off discount code
Subscribers may redeem their Lotus Bucks by logging in to their account and choosing the reward they would like to redeem to use on an upcoming subscription box. Some restrictions may apply.
YogaClub presently only ships within the United States and Canada. This is subject to change as we expand our business into new markets.
An estimated delivery time on your order will be provided to you once your order is placed. Delivery times commence from the date of shipping, rather than the date of order. Delivery times are to be used as a guide only and are subject to the acceptance and approval of your order. We will use reasonable commercial efforts to fulfill all orders on the same day every month. Please note we ship only on business days and do not ship on weekends or holidays. Date of delivery may vary due to carrier shipping practices, delivery location, method of delivery, and the items ordered.
To find out how much your order will cost, simply add the item you would like to purchase to your cart, and proceed to the checkout page. Once at the checkout screen, shipping charges will be displayed. Shipping costs for orders shipped in the United States are a flat cost. Additional shipping charges may apply to remote areas. You will be advised of any such charges on the checkout page.
Orders being shipped in the United States: Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.
YogaClub seeks to provide a superior subscription experience for its customers. While we want you to be happy with all of your items received, we can only provide refunds for items that are defective. If you receive a defective item, please contact us no later than thirty (30) days from your receipt of the defective item at email@example.com with details and photos of the defect as well as any other relevant information and we will make best efforts to determine a workable solution.
If it is necessary for the product to be returned, upon receipt of the returned product we will fully examine the product and notify the customer via email, within a reasonable period of time, whether the customer is entitled to a refund or a replacement as a result of the defect. If the customer is entitled to a replacement or refund, we will either replace the product or refund the purchase price using the original method of payment. Whether we replace or refund the item will be at our sole discretion.
Exchanges for apparel items will be accepted for a $12.95 restocking fee per item. If you receive an item in your subscription box that doesn’t strike your fancy, please contact us within fourteen (14) days of your receipt of the item so that you may exchange the new, unworn item (with all tags still attached) for a comparable item.
Please note that refunds and exchanges do not include any shipping and handling charges shown on the packaging slip or invoice. Shipping charges for all returns and exchanges must be prepaid and insured by the customer. Responsibility for any loss or damage to items during return shipment as well as ensuring that we receive the returned product is solely that of the customer.
LINKS TO THIRD-PARTY WEBSITES
Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
USE COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership. You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content. You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party. We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.
YOUR PERSONAL INFORMATION
ERRORS AND OMISSIONS
Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law. We do not undertake to update, modify or clarify information on our website, except as required by law.
DISCLAIMER AND LIMITATION OF LIABILITY
You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components. You agree to look to the manufacturer for enforcement of any warranties or merchantability or for damages in connection with defective products. The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website. In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages. Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.
You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.
The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
Any headings and titles herein are for convenience only.
If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM
You agree to receive recurring automated marketing and informational text (e.g., SMS and MMS) messages from YogaClub, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. YogaClub reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. YogaClub also reserves the right to change the long code, short code or phone number from which messages are sent.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. YogaClub, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Text the keyword STOP to +1 (201) 733-4687 to cancel. After texting STOP to +1 (201) 733-4687 you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that YogaClub and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from YogaClub through any other programs you have joined until you separately unsubscribe from those programs.
Mobile Phone Number Change
In the event that you change or deactivate your mobile phone number, you agree to notify YogaClub by visiting https://yogaclub.zendesk.com
If you are experiencing any problems, please visit https://yogaclub.zendesk.com and submit the form with details about your problem or your request for support.
This message program is a service of YogaClub, located at 1730 East Holly Avenue, El Segundo California 90245.
(a) General. In the interest of resolving disputes between you and YogaClub in the most expedient and cost effective manner, you and YogaClub agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from YogaClub or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from YogaClub or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND YOGACLUB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
(b) Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or YogaClub to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
(c) Arbitrator. Any arbitration between you and YogaClub will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting YogaClub. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
(d) Notice; Process. If you or YogaClub intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). YogaClub address for Notice is: 1730 East Holly Avenue, El Segundo, California 90245, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and YogaClub will make good faith efforts to resolve the claim directly, but if you and YogaClub do not reach an agreement to do so within 30 days after the Notice is received, you or YogaClub may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or YogaClub must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, YogaClub will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse YogaClub for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and YogaClub agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or YogaClub made within 14 days of the arbitrator's ruling on the merits.
(e) No Class Actions. YOU AND YogaClub AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and YOGACLUB agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
(f) Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if YogaClub makes any future change to this arbitration provision, other than a change to YogaClub address for Notice, you may reject the change by sending us written notice within 30 days of the change to YogaClub address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and YogaClub.
(g) Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
Changes to Messaging Terms
We reserve the right to terminate or change our messaging program at any time. We also reserve the right to change these Messaging Terms at any time and such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.