Terms

Terms

Last Revised April 2017

Welcome to the babyGap OutfitBox Web site at www.babygapoutfitbox.com (the "Site"). The Site and the babyGap OutfitBox quarterly subscription program (the “Program”) available through the Site are owned and provided by Gap Inc. (“Gap Inc.”, “us”, “we”, “our”). The following Terms and Conditions (the “babyGap OutfitBox Terms” or the “Terms”) are specific to the Site and the Program, and along with the Gap Inc. Terms of Use and Privacy Policy (both of which are incorporated herein by reference), together govern your use of the Site and your participation in the Program (collectively, these Terms, the Gap Inc. Terms of Use, and the Privacy Policy constitute the "Agreement"). In the event and to the extent of any conflict between these Terms and the Gap Inc. Terms of Use and/or the Privacy Policy, the terms and conditions of these Terms will govern.

YOUR USE OF THE SITE AND PARTICIPATION IN THE PROGRAM CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS AND TO THE AGREEMENT, PLEASE DO NOT USE THE SITE OR PARTICIPATE IN THE PROGRAM.

About the Program

The Program is a quarterly (approximately every three months from the date you initially join) clothing subscription box service that allows you to receive a specially curated selection of clothing pieces for your baby based on your specified style preferences. Please see the FAQs for additional information regarding the products received within the Program.

Your Account; Registration

You will be asked to create an account in order to sign up for the Program (it does not use any existing Gap account which you may already have- at this time we require Gap customers to create a new login username and password for the babyGap OutfitBox subscription.) In order to create an account, we will ask you to provide information, including an email address, phone number, Designated Payment Method, billing address, shipping address, and information about your baby’s birth date, gender, age, size, and clothing style, and create a password (“Account Details”). When you create an account, you agree to only provide current, accurate and complete Account Details, to maintain the accuracy of the Account Details provided, and to be responsible for the security of your account. You also agree not to register an account on behalf of someone else, or to transfer your account. You are entirely responsible for the confidentiality and security of your password and for anything that happens through your account – with or without your permission. You agree to notify Gap Inc. immediately if you suspect any unauthorized use of your account or access to your password. Gap Inc. is not responsible for any loss or activity that results from the unauthorized use of your account. We may suspend or terminate your account or access to the Site at any time with or without notice to you if we suspect an unauthorized use of your account.

Personal Information Submitted Through the Site; Communications

Your submission of personal information through the Site is governed by the Privacy Policy. As a babyGap OutfitBox subscription service member, you will periodically receive emails regarding your babyGap OutfitBox subscription. Additionally, you may receive information by email regarding discounts, promotions, updates, and new products and services pertaining to the babyGap OutfitBox subscription service and other products and services from Gap Inc., its subsidiaries, affiliates, and partners. If you would like to change your email preferences, you may do so as indicated in the Privacy Policy.

babyGap OutfitBox Quarterly Subscriptions

Subscription Fees: The current subscription fees and any other charges for the Program subscription boxes are posted on the Site. We do not charge shipping fees or styling fees. You agree to pay all subscription fees and any applicable taxes incurred in connection with your subscription, at the rates in effect at the time the charges are incurred. Gap Inc. reserves the right to change the subscription fees, or add new fees, upon prior notice to you by email.

Payment: By signing up for a Program subscription and providing a valid, accepted method of payment (as such may be updated from time to time, “Designated Payment Method”), you agree and authorize Gap Inc. to automatically charge the Designated Payment Method for your Program subscription at the then-current Program subscription rate (including any taxes, as applicable). You will be charged the full amount of the subscription box when the subscription box ships. You agree to provide us with a valid, authorized Designated Payment Method and accurate, complete and updated information required in the subscription sign-up form. If you want to designate a different Designated Payment Method, you may change your account information by logging into your account. Currently the accepted Designated Payment Methods are Visa (including Gap branded Visa cards), MasterCard, American Express, and Discover cards. At present the Program does not accept Gap Inc. private label cards, gift cards, or reward certificates.

Automatic Renewal Terms & Recurring Charges: By purchasing a Program subscription, you agree that your Designated Payment Method will automatically be charged by Gap Inc. (through its payment card processing service provider) on a quarterly basis until you cancel your subscription, until prohibited by applicable law, or until the Program is cancelled should that event occur. You hereby authorize Gap Inc. to automatically charge the Program subscription fees to the Designated Payment Method on a quarterly basis.

You may cancel your babyGap OutfitBox subscription at any time by contacting us via phone [800-441-BABY (2229) (8:00AM-8:00PM EST, excluding holidays)], email [[email protected]] or chat on the website www.babygapoutfitbox.com. If you wish to cancel your subscription and avoid a charge for the subsequent quarter, you must contact us before your next shipment (approximately every three months after you receive your first box), and we will make best efforts to accommodate those changes. However, if the request comes once the next box is already in process for shipment, we may not be able to effect any changes. If you fail to submit your cancellation request before the next shipment, you will be charged for another subscription quarter. You acknowledge and agree that canceling your subscription will not impact any previously purchased subscription boxes or any pending charges on your account which already were charged to your account.

You may postpone or skip a subscription box before your next shipment by contacting us via phone [800-441-BABY (2229) (8:00AM-8:00PM EST, excluding holidays)], email [[email protected]] or chat on the website www.babygapoutfitbox.com. Any requests to postpone or skip a subscription box after it has been processed for shipment cannot be honored. Your subscription will automatically reactivate after your skipped subscription box or once your postponement period expires (unless you postpone, skip, or cancel). You acknowledge and agree that postponing or skipping a subscription box will not impact any previously purchased subscription boxes or any pending charges on your account.

Receipts for recurring charges can be viewed and printed from your account on the Site. If you revoke authorization to charge your Designated Payment Method, or if for any reason we are unable to process your Designated Payment Method at any time, we may immediately suspend or terminate your subscription or your use of the babyGap OutfitBox subscription service.

Shipping: We ship to all fifty (50) states, D.C., and U.S. territories (excluding Puerto Rico). Currently, we do not ship to any military addresses and/or bases or internationally. Your first subscription box should be received within approximately five to seven (5-7) business days following placement of your order for shipments to the fifty (50) states and D.C.; shipments to U.S. territories should be received within approximately fourteen (14) business days. A shipping confirmation email will be sent upon shipment of the subscription box every quarter, and should follow the same expected delivery timing as noted above.

Returns & Exchanges: If you are not happy with your subscription purchase or the items are damaged or defective, you may return the item(s) using the pre-paid label and returns bag that is included with you subscription box. Returns must be postmarked at the U.S. postal office within twenty-one (21) days of delivery of the box to your home for a refund to be provided back to your Designated Payment Method. You will receive a refund of the amount you paid for the items being returned, including applicable taxes. If your returned items are postmarked after the twenty-first (21st) day following delivery of the subscription box to your home, you will not be eligible to receive a refund. In order for us to process your returns, you must complete the return form that is provided at the back of the relevant invoice and detail the items you want to return, include the invoice in the pre-labeled return bag along with the return form and the items being returned, and provide your name and address in the “From” section of the shipping label and drop the bag off at any U.S. Postal Service location. Only online returns are accepted; at this time, we do not accept in-store returns. All items must be returned in original condition (unworn, unwashed, unaltered) with the tags attached in order to be eligible for a refund. We will refund your payment within approximately two to three (2-3) days following receipt of your returned items.

If the clothing in your subscription purchase does not fit your baby, you may exchange the entire subscription box for a different size using the pre-paid label and returns bag that is included with you subscription box. We do not support size exchange of individual items in the box. Exchanges must be postmarked at the U.S. postal office within twenty-one (21) days of delivery of the box to your home in order for the exchange to be accepted. If your items are postmarked after the twenty-first (21st) day following delivery of the subscription box to your home, you will not be eligible to receive an exchange. In order for us to process your exchange, you must complete the exchange form that is provided at the back of the relevant invoice and detail the items you want to exchange, include the invoice in the pre-labeled return bag along with the exchange form and the items being exchanged, and provide your name and address in the “From” section of the shipping label and drop the bag off at any U.S. Postal Service location. Only online exchanges are accepted; at this time, we do not accept in-store exchanges. All items to be exchanged must be returned in original condition (unworn, unwashed, unaltered) with the tags attached in order to be eligible for an exchange. Exchanges based on gender or style are also not accepted for subscription boxes that have already been delivered.

For items that are defective or damaged, please contact us, and we will send you a replacement immediately. Then complete back side of the relevant invoice identifying the item that is damaged, and place the damaged item as well as the completed returns form in the enclosed pre-paid returns bag. Additionally provide your name and address in the “From” portion of the shipping label and drop the bag off at any U.S. Postal Service location.

Contact Us

Phone: 1-800-441-BABY (2229) (8:00AM – 8:00PM EST, , excluding holidays)

Email: [email protected]

Chat

Legal/Miscellaneous

Gap Inc. reserves the right to modify the number of items received in any given shipment at any time with or without notice, as well as reserves the right to cancel this Program at any time with or without notice. As stated above, the Gap Inc. Terms of Use and the Privacy Policy are incorporated herein. Please refer to the Gap Inc. Terms of Use and the Privacy Policy for additional applicable terms pertaining to legal and miscellaneous matters, including, without limitation, Indemnification, Dispute Resolution and Arbitration Agreement, and Termination.

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