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In the Site, FashionDownTown.Com provides users with access to sales of luxury and high fashion items online (the "Service").
1. Description of Services
In the Site, FashionDownTown.Com provides members with access to sales of luxury and high fashion products online (the "Service").
2. License and Site Access
FashionDownTown.Com grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in FashionDownTown.Com’s sole discretion) an unreasonable or disproportionately large load on FashionDownTown.Com’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by FashionDownTown.Com to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by FashionDownTown.Com.
3. Membership Eligibility
The FashionDowntown.com Service is not available to minors under the age of 18 or to any users suspended or removed from the system by FashionDownTown.Com for any reason. Users may not have more than one account. Maintaining more than one account by a user shall amount to fraudulent act on part of the user and attract actions against such user in accordance with the terms of clause 8 below. Additionally, users are prohibited from selling, trading, or otherwise transferring your Fashiondowntown.com account to another party. If you do not qualify, you may not use the Fashion owntown.com Service or the Site.
4. Your Account
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or FashionDownTown.Com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FashionDownTown.Com has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify FashionDownTown.Com immediately of any unauthorized use of your account or any other breach of security. FashionDownTown.Com reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
5. Pricing Information
We strive to provide you with the best prices possible on products you buy from FashionDownTown.Com, however, FashionDownTown.Com does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice.
While FashionDownTown.Com strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, FashionDownTown.Com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. FashionDownTown.Com will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that FashionDownTown.Com accepts your order the same shall be debited to your credit card account. The payment may be processed prior to FashionDownTown.Com dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
6. Cancellation by FashionDownTown.Com
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.
7. Cancellations by the Customer
In case of requests for order cancellations, FashionDownTown.Com reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. We will not be able to cancel orders that have already been processed. FashionDownTown.Com has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by FashionDownTown.Com and accept FashionDownTown.Com’s decision regarding the cancellation.
8. Fraudulent /Declined Transactions
FashionDownTown.Com constantly monitors the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and FashionDownTown.Com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. FashionDownTown.Com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, FashionDownTown.Com reserves the right to immediately delete such account and dishonor all past and pending orders without any liability. For the purpose of this clause, FashionDownTown.Com owe no liability for any refunds.
9. Credit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on FashionDownTown.Com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to FashionDownTown.Com. Further the said information will not be utilized and shared by FashionDownTown.Com with any of the third parties unless required for fraud verifications or by law, regulation or court order. FashionDownTown.Com will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
10. Submitted Content
FashionDownTown.Com does not claim ownership of any materials you make available through the Site. At FashionDownTown.Com’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant FashionDownTown.Com a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified.
11. Disclaimer of Warranty
All content, products, and services on the site, or obtained from a website to which the site is linked (a "linked site") are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
FashionDownTown.Com does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site by any party other than FashionDownTown.Com, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site.
Other than as required under applicable consumer protection law, under no circumstance will FashionDownTown.Com be liable for any loss or damage caused by a user's reliance on information obtained through the site or a linked site, or user's reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
12. Limitation of Liability
FashionDownTown.Com will not be liable for short delivery or defective Goods unless a claim is notified by you in writing within 3 days of delivery in accordance with Return and Exchange Terms. The notification must include the invoice number, delivery note number and details of the claim. FashionDownTown.Com will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of Fashion and You, including but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
You expressly understand and agree that FashionDownTown.Com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if FashionDownTown.Com has been advised of the possibility of such damages), resulting from use of the site, sale and supply of goods content or any related services.
This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
You agree to indemnify and hold FashionDownTown.Com(and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.
14. Electronic Communication
When you use the Site or send emails to FashionDownTown.Com, you are communicating with FashionDownTown.Com electronically. You consent to receive communications from FashionDownTown.Com electronically. FashionDownTown.Com will communicate with you by email, SMS or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
15. Site-Provided Email and Postings
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. FashionDownTown.Com is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, FashionDownTown.Com may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain: (i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. (ii) Advertisements or solicitations of any kind. (iii) Impersonate others or provide any kind of false information. (iv) Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references. (v) Messages by non-spokesperson employees of FashionDownTown.Com purporting to speak on behalf of FashionDownTown.Com or containing confidential information or expressing opinions concerning FashionDownTown.Com. (vi) Messages that offer unauthorized downloads of any copyrighted or private information. (vii) Multiple messages placed within individual folders by the same user restating the same point. (viii) Chain letters of any kind. (ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using FashionDownTown.Comtownown.com invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using Fashion D.com to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
The Site or third parties may provide links to other World Wide Web sites or resources. Because FashionDownTown.Com has no control over such sites and resources, you acknowledge and agree that FashionDownTown.Com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that FashionDownTown.Com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
17. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
18. Modifications and Notification of Changes
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of FashionDownTown.Com and other respective persons. Users are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of FashionDownTown.Com or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
The price of our merchandise is inclusive of the VAT. The vat charged shall depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. FashionDownTown.Com reserves the right to collect taxes for shipping charges wherever applicable.
21. Returns and Exchange
FashionDownTown.Com may accept returns on apparel and footwear for account credit only. For this purpose FashionDownTown.Com must receive the merchandise within 7 days from the date it was shipped to you. Items must be unused, unworn, unwashed and undamaged by you. Goods will be returned only if they are returned in their original packaging, including: hangers, poly bags, hang tags on garments, shoe boxes, dust bags, eye glass cases and gift boxes. No returns, refunds or exchanges will be accepted on Accessories, Beauty and Fragrances, Home Décor, Handbags, Hosiery, Intimates, Jewelry, Leather Goods, Swimwear, Sunglasses, Vintage, Wallets and Watches as these items are for final sale only. We do not provide refund on any goods sold. Goods once sold can only be exchanged for replacement or a store credit if they meet our terms and conditions. Since we keep limited inventory and do not always have all sizes available and under such circumstances the amount paid by you can be used by you whenever you shop with us next time. All conditions applicable to return of goods shall also apply to exchange of goods. To return an item, the customer must write to us at firstname.lastname@example.org, a prompt response is assured to such mails. Alternatively, the customer may even call at our customer care number +91-0120-0000000 which remains open 11am-6pm IST On all 5 WEEKDAY. If you are not satisfied with the product received by you for any reason you may have the option to exchange at the sole discretion of FashionDownTown.Com receive a refund.
22. Refund Clause
For the purpose of this clause account credit means credit issued to your account for the entire purchase amount less the shipping costs. Your account credit can be used towards your next purchase with FashionDownTown.Com.com
23. Redemption of Credit and Vouchers
Referral Vouchers: FashionDownTown.Com provides a free shopping voucher worth Rs.1000 (Rupees one thousand only) to the referrer, the said voucher is pushed 3-5 working days after successful of delivery of the first order of the person referred. You can view and use your referral voucher during the checkout process and in the My Account section on the website. You can redeem only one referral credit/refer-a-friend voucher during a single purchase. Referral credit/refer-a-friend voucher shall not be issued to a user in case the referred person has the same delivery address and/or contact number as that of the referring person. FashionDownTown.Com reserves the right to make changes/amend the policy(s) regarding the referral credit/refer-a-friend voucher. The user agrees to allow FashionDownTown.Com to verify the validity of the referrals who register with FashionDownTown.Com through email/phone call. FashionDownTown.Com reserves the right to terminate the said promotional referral scheme without any prior notice to its users.
Other Promotional Vouchers: There are other types of limited period vouchers, which can be issued, or cancelled by FashionDownTown.Com as part of any campaign or scheme. FashionDownTown.Com will decide the terms for these campaigns at the time of the campaign and these should be acceptable to you.
Store Credit Vouchers: In case of returns/exchange, FashionDownTown.Com shall provide store credit vouchers to the users if the requested return/exchange could not be performed. For the purpose of this clause, return/exchange shall be applicable only on apparels and footwear. The user shall be provided with a store credit upon the completion of the return/exchange process and the same shall have a validity of 3 (three) months from the date of issue of the store credit voucher. Also visit our clause pertaining to the refund/exchange policy. The Abovementioned voucher/credit cannot be used in parts and has to be used as a whole only. Only one voucher/credit is allowed per transaction.26. Offer and Schemes/Voucher Redemption
24. Offer and Schemes/Voucher Redemption
FashionDownTown.Com reserves the right to change/modify/add/delete to the terms and conditions prevailing on the different promotional schemes (including but not limited to refer-a-friend and other types of vouchers) it brings to market from time to time. FashionDownTown.Com at its discretion can withdraw a particular scheme from the website/market. The Terms and Conditions Governing Each Contest and Promotion Differ from one another. In case of any question please contact us on email@example.com. We will happy to assist you.
FashionDownTown.Com endeavors but does not guarantee to deliver the products to customers within 2-3 weeks from the day of close of sale depending upon the shipping location. FashionDownTown.Com works with different type of suppliers (Manufacturers, distributors, importers etc.) and the delivery time to customers is subject to delivery of products from supplier to FashionDownTown.Com. Other factors include delay in delivery through the courier partner, transporters’ strike etc. FashionDownTown.Com will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the goods howsoever caused.
FashionDownTown.Com reserves the right to make delivery of the goods by installments. If the goods are to be delivered in installments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if FashionDownTown.Com fails to deliver any one or more of the installments or if you have a claim in respect of any one or more of the installments.
If you fail to take delivery of the goods, FashionDownTown.Com may at its discretion charge you for the additional shipping cost.
26. Survival of Terms after Agreement Ends
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time FashionDownTown.Com may offer special promotional offers which may or may not apply to your FashionDownTown.Com account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by FashionDownTown.Com. This TOS and the relationship between you and FashionDownTown.Com will be governed by the laws as applicable in India. Any disputes will be handled in the competent courts of Mumbai, India. The failure of FashionDownTown.Com to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. FashionDownTown.Com does not guarantee it will take action against all breaches of this TOS. Except as otherwise, expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and FashionDownTown.Com and governs your use of the Site, superseding any prior agreements between you and FashionDownTown.Com with respect to the Site.
We have made every effort to display as accurately as possible the colors of our products that appear on FashionDownTown.Com However, there are limitations in the reality of colors captured by camera lens. Lighting, a crucial element in capturing details of the items may also cause certain colours to appear 1-2 shades brighter. Also, as computer monitors vary, we cannot guarantee that your monitor's display of any color will be completely accurate.
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