Terms of service
GENERAL OVERVIEW
Welcome to the Fashancia store! The terms "We", "Us" and "Our" refer to the Fashancia store. Fashancia operates this store and the website, including all related information, content, features, tools, products and services, to provide you, our customers, with a personalized shopping experience ("Services"). Fashancia is powered by Shopify, which enables us to provide you with the Services.
The following terms and conditions, along with all policies referenced herein (collectively the "Terms of Service" or "Terms"), describe your rights and obligations when using the Services.
These Terms of Service should be read carefully as they contain important information regarding your legal rights, including warranty disclaimers and liability disclaimers.
By visiting, using or interacting with our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you have reached the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services through the devices you own, have purchased, or manage.
To use the Services, including accessing or browsing our online stores or purchasing any products or services, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to provide such information.
You acknowledge that you are solely responsible for the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign or license your account to another person.
SECTION 2 - OUR PRODUCTS
We strive to accurately represent our products and services in our online stores. However, due to the type of device you use and its settings and configuration, colors or the appearance of products may appear differently on your screen.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or that they will be as shown or offered in our online stores.
All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of products we offer on a case-by-case basis, by person, geographic region or jurisdiction.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Fashancia reserves the right to accept or reject your order for any reason, in its sole discretion. Your order will not be considered accepted until it has been confirmed by Fashancia. For your order to be accepted, we must receive and process your payment. Please review your order carefully before submitting it. After the order is accepted, Fashancia may not be able to accommodate cancellation requests. If we do not accept, modify or cancel your order, we will attempt to notify you via the email address, billing address and/or phone number provided when the order was placed.
Your purchases are subject to return or exchange only as provided in our Return Policy [LINK].
You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without prior notice. The amount charged for a product or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, prices quoted do not include taxes, shipping, processing, customs or import duties.
Prices stated in our online stores may differ from prices offered in physical stores or online or other stores operated by third parties. We may from time to time offer promotions on the Services that may affect prices and are subject to separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases you make in our stores. You agree to promptly update your account information and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is accurate, complete and current, (ii) you are authorized to use that credit card for the purchase, (iii) your charges will be approved by your credit card company, and (iv) you will pay the charges at the stated prices, including shipping and processing fees and all applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs clearance or circumstances beyond our control. Once we transfer the products to the shipping carrier, ownership and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
All trademarks, brand names, text, images, graphics, product reviews, videos and audio, including but not limited to the design, selection and arrangement of our Services, are owned by the Fashancia store, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services only for your personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any materials from the Services without our prior written consent. Except as expressly provided herein, no provision of these Terms shall be construed as granting you a license or other right under any patent, trademark, copyright or other intellectual property rights of , Shopify or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted are reserved by Fashancia. The names, logos, product and service names, designs and slogans owned by Fashancia are trademarks of Fashancia or its affiliates or licensors. You may not use these trademarks without the prior written permission of Fashancia. The names, logos, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing in the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to third-party tools offered as part of the Services which are not monitored, controlled or contributed to by us.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions and without any endorsement. We have no liability whatsoever arising from or relating to your use of optional third-party tools.
Your use of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms of the tools provided by the applicable third-party provider(s).
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features will also be considered part of the Services and will be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks (including all embedded third-party functionality) to websites provided or operated by third parties. We cannot be held responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these third-party materials or websites, you do so at your own risk.
We are not liable for any damages or losses arising from your access to or purchase or use of any products, services, resources or content on third-party websites. Ensure that you carefully review and fully understand the third party's policies and practices before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the applicable third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
This section properly defines the relationship between Shopify and your store and should not be removed or altered.]
Fashancia is powered by Shopify, which enables us to provide you with the Services. However, all sales and purchases made in our store are conducted directly with Fashancia. By using the Services, you acknowledge and agree that Shopify is not responsible for anything arising out of the sales between you and Fashancia, including, without limitation, any injuries, damages or losses related to purchased products and services. You hereby expressly release Shopify and its affiliates from any claims, damages and liabilities arising out of or relating to your purchases and transactions with Fashancia.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available at [LINK], and certain personal information may be subject to Shopify's Privacy Policy, available at . By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information related to your access and use of the Services in order to provide and improve the Services to you. Information you transmit to the Services may be transmitted to and shared with Shopify and third parties located in countries other than your country of residence for this purpose. For more information on how we, Shopify and our partners use your personal information, please review our Privacy Policy [LINK].
SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, offers, plans or other content (collectively "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display that Feedback for any purpose, including commercial use, in any medium. For example, we may use our rights under this license to operate, provide, evaluate, develop, improve, promote and fulfill our obligations and exercise our rights under these Terms of Service.
In addition, you represent and warrant that (i) you own all Feedback or have all necessary rights in the Feedback; (ii) you disclose any compensation or incentives you have received in connection with your Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation and will have no obligation to (1) keep your Feedback confidential; (2) pay any compensation for your Feedback; or (3) respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, and will not contain any computer virus or other malicious software that could affect the operation of the Services or any related website. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the source of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We assume no liability and no obligation for any Feedback submitted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally the Services may contain information that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, to change or update information and to cancel orders (even after you have placed your order) if any information in the Services or on any related website is inaccurate at any time without prior notice.
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state, provincial or local regulation, rule, law or ordinance; (c) to infringe our or others' intellectual property rights; (d) to harass, abuse, humiliate, harm, defame, slander, disparage, threaten or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to send or facilitate the sending of "junk mail," "chain letters," "spam," or other similar promotional or marketing materials; (h) to impersonate or attempt to impersonate another person or entity; (i) to restrict or inhibit the use or enjoyment of the Services by others, or to engage in any other conduct that we deem harmful or that may create legal liability for
, Shopify or users of the Services. In addition, you agree not to: (a) upload or transmit viruses or any type of malicious code that will affect the functionality or operation of the Services; (b) reproduce, copy, sell, resell or misuse any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites or the Internet. We reserve the right to suspend, disable or terminate your account if we determine at any time that you are in violation of any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time without notice, at our sole discretion, and you will remain liable for all amounts due up to and including the date of termination.
Upon termination of this agreement, the following sections shall survive: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information provided on or through the Services is for general informational purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of the contents of the Services.
UNLESS EXPRESSLY STATED OTHERWISE BY FASHANCIA, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR UNDERTAKE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS RESTRICT OR DO NOT PERMIT THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FASHANCIA, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR THE RELEVANT PARTIES OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FROM ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Fashancia, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable attorneys' fees, due to or arising out of (1) your breach of these Terms of