Terms of Service

Welcome to TheEnclosed.com. By using or accessing this website and all related web properties (hereafter referred to as the site or website), you acknowledge that you have read, understood, and agree to the following Terms of Service. We reserve the right to revise these Terms at any time by updating this posting. Please read and review these Terms periodically.

Use Of Site

We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site via a browser. We reserve the right to revise the products and services available on the Site and to impose rules for and limits on use of the Site or to restrict your access to part, or all, of the Site without notice. We reserve the right to revoke your access at any time for any reason, including as a result of a violation of these Terms, without notice.

You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this site or make any commercial use of any of the information provided on the site unless expressly permitted by us in writing.

Minors

[ENCLOSED]^TM does not sell products for purchase by children. You represent and warrant that you are at least 18 years old or visiting the site under the supervision of a parent or guardian.

Comments And Feedback

Anything that you submit or post to the site and/or provide us, including without limitation, ideas, questions, reviews, comments, and suggestions will become our sole and exclusive property and will be treated non-confidentially. We will have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, translate, modify, reverse-engineer, disassemble, or create derivative works from such submissions by any means and in any form. In addition when you post feedback, comments or reviews, you also grant us the right to use the name that you submit in connection with such feedback, review, comment, or content. This provision for comments and feedback does not include sharing personal information such as email or payment information covered by the privacy policy.

Intellectual Property

The content of this site, including all text, images, graphics, publications, video, and audio belongs exclusively to [ENCLOSED] and is protected by U.S. and international copyright laws. [ENCLOSED], Enclosed, TheEnclosed.com, and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of [ENCLOSED]. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.

Orders

We have the right to refuse or cancel orders or subscriptions if a product or information is listed on the site with a typographical error that incorrectly identifies the true price or service conditions of a product or service. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

All products purchased from the site are made pursuant to a shipment contract, which means that the risk of loss and title for such items pass to you upon our delivery to the carrier. The customer is responsible for all costs related to incorrectly addressed orders. We are not responsible for stolen or lost items.

Size Guarantee

Knickers need to fit. If the pair sent to you does not fit we will send you a new pair in the needed size. Note, sizes must be within our standard size offerings from extra-small to extra-large. We are sorry that we cannot extend our size guarantee to plus sizes. The guarantee does not extend to style preferences, as we cannot guarantee that everyone will like everything. If you make a special request for a specific style we cannot guarantee that it will fit therefore our guarantee is void.

Returns, Refunds & Cancellation

All returned items are to be deducted from the amount refunded to the card used for purchase. Due to the nature of our business and the quality of our extremely delicate products, we adhere to a stringent return and exchange policy. Many of our items are not resalable after they have been worn—even during trying on—so we reserve the right to decline returns or charge a fee on returns that are returned in any sort of unsellable state. Of course, please let us know of any issues or problems, be assured that we will do what we can to resolve your issues. We believe in being upfront with our policy and urge you to consider this policy prior to purchasing.

Due to the delicate nature of our products, all returns requiring a refund are subject to a minimum of a 20% replenishment fee. We will never accept returns for multiple months. Similarly, we will not accept returns on shipments with more than one item whereby multiple months are bundled. If all three, six or 12 months are sent at the same time (as is the case in some packages such as the Advent Calendar or by customer request), the size guarantee will be invalid. For these instances please be sure of the size requested. Similarly, shipping and handling costs incurred are never refundable.

To be eligible for a refund or size exchange you must return the items within 14 days and include: 1) the unworn or unused item in perfect condition with the items' tags still attached, 2) protective packaging (need not be our box and should be shipped without the rose petals) 3) the purchaser’s full name and email. Any merchandise deemed to not be in perfect condition, at our discretion, will not be accepted. This includes scents or any signs of wear. You pay the return shipping, which is non-refundable. For health reasons, worn items will never be accepted for return or exchange.

Monthly billing customers may cancel at any time four business days prior to their renewal date. Please email our concierge to cancel your monthly billing subscription.

Multi-month gift subscriptions cannot be canceled. This includes instances when the customer requests a cancelation immediately after purchase. On a case-by-case basis we may make exceptions to this policy. In these cases, we require all cancellations to be initiated within 14 days of receiving the most recent delivery. These case-by-case cancelations are subject to a minimum 25% or $50 (which ever is larger) early termination fee which may be in addition to any replenishment fee. Hybrid subscriptions—ones that are a combination of lingerie and knickers—will be pro-rated per the more expensive items in the package.

Single item sales, one-time purchases and/or items that are "special request" items are not covered by our size guarantee nor are they eligible for an exchange or refund. These items may be refused refund and are subject to an additional 20% replenishment fee, if returned or exchanged.

We do not refund shipping costs. In no case will the refund issued to you exceed the amount paid to [ENCLOSED]. All refunds will be issued in the manner in which payments were received, to the person who paid for the items. Please allow approximately 10 business days to process the return and see the credit posted to your account.

Privacy And Security

Registration data and certain other information about you are subject to our Privacy and Security Policy. Review our Privacy and Security Policy. You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Disclaimer

This site and the products, services and transactions offered through it are provided by us on an “as is basis”. We make no representations or warranties, express or implied, as to the operation of this site or the content or products included on this site. To the full extent permissible by law, we disclaim all warranties, express or implied. Product representations expressed on this site are those of the various vendors and brands, and are not made by us. Quality and performance of products are sole responsibility of the manufacturer You agree to indemnify [ENCLOSED] for any issues for arising from any product or service purchased through this website.

This site may include inaccuracies, mistakes or typographical errors. We do not represent or warrant that the content of this site will be uninterrupted or error free. Similarly, we strive to give an accurate portrayal of [ENCLOSED]’s goods and services, but due to the “surprise” nature of the gift, recipients’ goods may differ from what is shown on the website.

Limitation Of Liability

To the maximum extent permitted by law, we will not be liable for any damages of any kind arising from the use of this site or the products and services offered on this site, including, but not limited to, indirect, incidental, punitive, exemplary, special or consequential damages. To the maximum extent permitted by applicable law, our total liability to you for any damages will not exceed the amount of fees actually paid by you to us during the month immediately preceding the act allegedly giving rise to our liability.

You agree to indemnify and hold harmless [ENCLOSED] from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of these policies. You also agree to indemnify and hold harmless [ENCLOSED] from and against any and all claims brought by third parties arising out of your use of our website, products or services. This indemnification and hold harmless agreement extends to all issues associated with Enclosed’s third party vendors such as payment processors or package delivery providers.

Any claim relating to Enclosed's web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.

Severability

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

Last modified: August 2022