Terms & Conditions

Terms of Use

Next by Guilty is a fashion retailer that blends expert styling, proprietary technology and unique products to deliver an easy, enjoyable, personalized shopping experience. Next, (hereinafter “Next”, “we”, “us”, or “our”) offers a service that gives you access to clothing, accessories, among others (“Products”) from different brands. The following terms and conditions (the “Terms of Use” or “Terms”) form a binding agreement between you and us, and govern: (1) your use of the website located at www.next.lookguilty.com; (2) the services offered through www.next.lookguilty.com, and any other technology platforms, including but not limited to, Whatsapp (the “Site”); (3) and any orders that you place (collectively, the “Services”).

Please read these terms of use carefully. These Terms of Use include a class action waiver and require binding arbitration on an individual basis to resolve disputes, rather than a jury trial, under the section titled “Dispute Resolution.” By creating an account, subscribing to the Site email/newsletter, purchasing products, using the Services, or otherwise indicating your assent to these Terms, you agree to be bound by these Terms of Use and you represent and warrant that: (1) you have read, understand, and agree to be bound by these Terms; (2) you are of legal age to form a binding contract with us; and (3) you have the authority to enter into the Terms (on behalf of yourself or the entity that you represent). If you do not wish to be bound by these Terms of Use, you may not access or use the Site, the Services and/or order, or purchase any Products.

These Terms of Use are subject to occasional revision. We will notify you of any changes to our Terms of Use by posting the new Terms of Use at the Site and updating the “Last Updated” date below. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your account. You are responsible for providing us with your current email address, which you may do when you create an account and/or subscribe to the email/newsletter - and you may update it by modifying the information when logged in to your account. For existing users of the Services, any changes to these Terms of Use will be effective thirty (30) calendar days following our posting of the changes on our Services. These changes will be effective immediately for new users of the Services. Continued use of Site and/or the Services, including, but not limited to, purchasing Products from us, following such changes - will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Please regularly check the Site to view the then-current Terms.

TYPES OF USERS

You may simply browse the Site as a visitor, or you may create an account (“Account”) to become a client (“Member”). Members with an active Account will receive personalized products, styles and brands via email (“Styling Email”). Both visitors and Members may purchase Products.

ACCOUNTS

To become a Member, you must provide your name, email address, other registration information, and select a password (“Account Information”), which you should not share with any third parties. In becoming a Member, you represent and warrant that: (a) all required Account Information you submit is truthful and accurate, and (b) you will maintain the accuracy of such Account Information. We will also ask you for additional information about you, including your size, fit, and style preferences in order to establish your style profile (“Style Profile”). In order for the Services to work best for you, please keep your Style Profile up to date. Please also keep your Account Information confidential. If someone accesses our Services using your Account Information, we will rely on that Account Information and will assume that it is really you or someone you have authorized who is accessing the Services. You are solely responsible for any and all use of your Account Information and all activities (including orders placed through the Site) that occur under or in connection with your Account. We reserve the right to take whatever action we deem necessary to preserve the security of the Site and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Site under your Account. You may not use anyone else’s Account at any time without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity. You must be at least 18 years old to be a Member. If we later discover or suspect that a person under 18 years old has requested an Account, we reserve the right to take steps to cancel that request.

SHIPMENTS, RETURNS, AND EXCHANGES

When you sign up to receive Styling Emails, we will send you a personally curated selection for you by our team, at our discretion. If you order an item(s) from the selection, the available ship dates are determined at our discretion and may vary based on a variety of factors, including without limitation inventory, supplier, brand, geography, and automatic shipping preference.

Purchased Item Returns. If you want to return any Products you’ve previously purchased, please consult our returns policy at the Site.

Exchanges. Unfortunately, we are not able to exchange or replace any item. If you want to exchange any item, please contact us and we will look into the availability of a new product.

Legal Details. From time to time, certain information at the Site may contain pricing errors, typographical errors, and/or other errors or inaccuracies - which we may correct without liability. Products displayed may be out of stock or discontinued, and prices can be subject to change. We reserve the right to limit quantities purchased by Members. We do not guarantee that all Products at the Site and/or described on our Services, will be available at all times. In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase Products, we do not authorize the purchase of commercial quantities of our Products. We further reserve the right to cease doing business with customers who violate this policy.

PAYMENT

You may pay for any Products via credit card or other payment method then available on the Site. By submitting your payment information to us, you authorize us to charge your credit card then available in accordance with these Terms. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card, however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.

PRODUCTS FOR MEMBERS

While Next makes efforts to follow the style you express in your Style Profile, we do not guarantee that every item in your Catalog will meet those preferences.

PRICING

You are responsible for the payment of the Products and/or Services you Purchase, and state and local sales taxes that apply to your order where we elect or are required to collect and remit such taxes. If we don’t collect the applicable sales tax, you are responsible for payment of the applicable use taxes. Next may provide certain promotions or credits to customers. Depending on the type of promotion or credit offered, it may reduce the amount of state and local sales taxes that apply to your order. The application of the promotion or credit will be reflected on your receipt.

GIFT CARDS

Upon availability, You may purchase Next gift cards through the Site (“Gift Cards”). Gift Cards can be redeemed solely through our Site for Products or Services. Gift Cards cannot be redeemed for cash except where required by law, if any - and as applicable. For balance information, or to replace the remaining value on a damaged card, contact us. Gift Cards require no maintenance, activation, or other fees. Risk of loss and title for Gift Cards pass to the purchaser upon electronic transmission to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Next is not responsible for lost or stolen Gift Cards, or for use without your or the recipient’s permission. Next reserves the right to close Accounts or request alternative forms of payment if a Gift Card is fraudulently obtained or used. For full terms and conditions and/ or gift cards availability, please visit the Site.

REFERRAL CREDITS

Upon availability, and as indicated by Next via the Site - you may participate in Next Referral Program (the “Program”). The Program is entirely discretionary by Us. If you are accepted into the Program, you will receive a referral credit toward future purchases (a “Referral Credit”) when you make a Qualifying Referral. In order to receive a Referral Credit, each of the following requirements must be met (collectively, a “Qualifying Referral”): (1) you must be a Member; (2) you must share a referral link that is unique to you with your contact who has not previously used Next; (3) you must disclose your relationship with Next (e.g., “if you place an order, I’ll get a credit”); (4) the referred person must register at the Site and become a Member after directly clicking the unique link; (5) the referred person must, within a reasonable period of time, place and order. Criteria for Qualifying Referrals (the “Reward Criteria”) may vary from time to time at Next’s sole discretion. Purchases using Gift Cards are not Qualifying Referrals.

The amount of the Referral Credit will be the amount specified on your unique referral page triggered by a Qualifying Referral meeting the Reward Criteria. You may be required to pay taxes, and we may be required to withhold taxes, on the value of redeemed Referral Credits if the value exceeds certain thresholds. Referral Credits will be reflected in your Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. The maximum amount of Referral Credits that you can receive in any calendar year is $499.

Restrictions. Referral Credits can be accrued solely by you and you may not earn Referral Credits by:

permitting another individual to use your Account;
creating multiple Accounts;
promoting your referral code through paid marketing, such as search engine or social media marketing (e.g., AdWords, Yahoo, Facebook, Instagram, Tik Tok);
posting your unique referral link on any public forum or coupon site where you are not the primary content owner (e.g., you may post referral link on your personal Facebook page or tweet it from your your personal Twitter account, but you may not post it on a public site like Wikipedia); or
upon notice, any other restriction we impose on participants in the Program.

If you are a paid Next Influencer you may or may not earn Referral Credits under the Program in the same calendar year that you receive payments from Next or a Next affiliate marketing partner.

By acquiring Referral Credits, you agree and acknowledge that Next is granting you a limited, non-transferable, revocable license to a digital item, and that Referral Credits are not your personal property. You may not obtain any cash or money in exchange for Referral Credits. You are responsible for notifying Next if you believe the number of Referral Credits in your Account is incorrect.

Next reserves the right to remove Referral Credits from an Account at any time. Unless extended by Next at our discretion, Referral Credits will automatically expire ninety (90) days from issuance.

We reserve the right to modify, suspend or terminate the Program and to void any Referral Credits upon notice to you. We may provide such notice in any way compliant with applicable law including via email to the last email address you provided to us, by amending these terms or posting a change to the Program on our Site. All Referral Credits are voided immediately upon termination of this agreement or the closing of your Account.

OWNERSHIP OF INTELLECTUAL PROPERTY

You understand and acknowledge that the software, code, and proprietary methods and systems used to provide the Services (“Our Technology”), and the materials, information, and content made available or displayed by us through the Site (collectively, “Our Content”) are: (a) copyrighted by us or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Neither Our Content nor Our Technology may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content or Our Technology and you may not remove or alter any such notice, information, or restriction. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site and/or Services according to these Terms of Use. Furthermore, except for the limited license above, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology or Our Content. Certain of the names, logos, and other materials displayed on Products, Site or in the Services - constitute trademarks, trade names, service marks or logos (“Marks”) of Next or other entities. Ownership of all such Marks and the goodwill associated with such Marks remains with us or those other entities. You are not authorized to copy, modify, or otherwise use our Marks. Any use of third party software provided in connection with the Services will be governed by such third parties’ licenses and not by these Terms of Use.

GENERAL RULES OF USER CONDUCT

You agree not to (i) take any action or (ii) make available any content on or through the Site and/or the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, pornographic, or profane; (C) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning of Our Technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Technology.

RIGHT TO SUSPEND

Next reserves the right, in our discretion, to suspend your Account, your use of the Site and/or the Services, or the sending of Styling Emails at any time at our discretion including, as necessary to protect the security or operation of the Site and/or the Services.

FEEDBACK

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site, the Products and/or the Services (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Site, Services or any Products and (b) promote the Site, Services and Products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site and/or the Services, or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

MODIFICATIONS TO THE SITE OR SERVICES

We reserve the right to modify or discontinue the Site and/or the Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or the Services. If you object to any such changes, your sole recourse will be to cease access to the Site and/or the Services. Continued access to the Site and/or the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site and/or the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and/or the Services at any time, for any reason, at our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the Site and/or the Services.

PRIVACY

We have created a privacy policy at the Site that describes our collection, use and disclosure practices regarding any personal information that you provide to us. Please visit our privacy policy to learn more about how we collect, use and disclose the information that you provide to us or we otherwise learn about you through your use of the Site and/or the Services, including how we market our services.

THIRD PARTY CONTENT AND OTHER WEBSITES

Content from other users, suppliers, advertisers, and other third parties may be made available to you through the Site and/or the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other Users, advertisers, and other third parties or violation of any third party rights related to such content. The Site and/or the Services may contain links to websites not operated by us. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. The Site and/or the Services may also contain links to websites that are operated by us but which operate under different terms of use. It is your responsibility to review the privacy policies and terms of use of any other website you visit. You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third party.

DISCLAIMER OF WARRANTIES

All content, products and services included on or otherwise made available to you through the Site and/or the Services, are provided by Next “with all faults” and on an “as is” and “as available” basis, unless otherwise specified in writing. Next makes no representations or warranties of any kind, whether express or implied, as to the operation of the Site and/or the Services or any content, products or services included on, or otherwise made available to you through, the Site and/or the Services, unless otherwise specified in writing, including without limitation any warranties of merchantability, fitness for a particular use or purpose, non-infringement, quiet enjoyment, and accuracy. You expressly agree that your use of the Site and/or the Services and products purchased through the Site and/or the Services is at your sole risk. We make no warranty that the Products or Services will meet your requirements, or that the Site and/or the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Site, Products, or Services, or that defects in the Site, Products, or Services will be corrected. We specifically disclaim any liability associated with the use of the Products (e.g., rashes that may develop from wearing the Products or dyes that bleed from the Products onto other items) and you agree that you will not sue Next for any claim related to any Products purchased through the Site and/or the Services. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material in any way related to the Site and/or the Services and/or Our Content. No advice or information, whether oral or written, obtained by you from us through the Site and/or the Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.

Some jurisdictions do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from territories, and from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the maximum permitted under such applicable law.

LIMITATION OF LIABILITY

You acknowledge and agree that we are only willing to collect payment, facilitate the fulfillment of orders, and provide access to the Site and/or the Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we, or our officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including without limitation - damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Site and/or the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the Site, Products or Services, for any information appearing on any other site linked to our Site and/or the Services. If you are dissatisfied with any portion of the Site and/or the Services, your sole and exclusive remedy is to discontinue use of the Site and/or the Services. Our total liability to you for all claims arising from or related to the Services is limited, in aggregate, to the greater of: (i) the total amount of your last order prior to the date of the event giving rise to our liability, or (ii) one hundred dollars (U.S. $100.00).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance - resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including but not limited to: internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, pandemics, curfews, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties and/or any other event of similar nature.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Next, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Products, the Site and/or the Services (except to the extent prohibited by law); (ii) your violation of these Terms of Use; (iii) your violation of any rights of any other person or entity; (iv) any content, information or materials you upload to the Site; or (v) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Site.

SURVIVAL

Even after your rights under these Terms of Use are terminated, all provisions of these Terms of Use which by their nature should survive, will survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

NOTICE: VIOLATIONS

We may give notice to you by email, a posting on the Site and/or the Services, or other reasonable means. You must give notice to us in writing via email with the subject line “Legal Notice.”

CONTACT INFORMATION

You may contact us via email at hi@lookguilty.com.