1. USING
OUR WEBSITE
1.1 Terms
& Conditions of Website
1.1.1 By accessing and continuing to use and access the
FASHIONLOVA website at http://www.fashionlova.com.my and any extensions thereof
(“Website”) and the products and services available through this Website
(collectively, you agree to these terms which shall be effective as soon as you
access the Website. These Terms and Conditions are a legally binding contract
between you and FASHIONLOVA. If you do not agree to these terms and conditions
then you must not access or use the Website and Services, you should leave the
Website and cease use of the Website and Services immediately.
1.1.2 We may change these terms and conditions from time
to time and so it is your responsibility to check these terms and conditions
regularly. Your continuing use of the Website will demonstrate your acceptance
of the amended terms and conditions. If you do not agree to the changes then
you should stop using the Website immediately.
1.2 Registration
1.2.1 Before you can access or
use some parts of the Website and Services, you will be required to register
with us. When you register with us you confirm your acceptance of these terms,
and you are also confirming to us that:
(a) you are at least 18 years
old and/or capable of forming legally binding contracts under applicable laws.
(b) the information which you
provide when you register is true, accurate and complete.
(c) you will keep such
information up to date; and
(d) these terms apply to you,
and you accept them fully.
1.2.2 We reserve the absolute
right to refuse your application to register and to cancel your registration
for the Website and/or the Services for any reasons whatsoever at our sole
discretion at any time.
1.2.3 You are solely responsible
for all use of your login details including, without limitation, your e-mail
and password and for protecting their confidentiality. Your e-mail and password
must not be offensive or vulgar words. You must not share these details with
anyone or allow anyone to use your login details. You must immediately notify
us of any unauthorised use of or access to your login details. Any activity
under or in connection with your login details will be your responsibility,
unless you have informed us in advance that your login details are being used
without your authorisation and such communication has been acknowledged by us.
We shall not be liable for any loss or damages suffered by you in relation to
the use of your account.
1.2.4 You will not impersonate
any person or entity or to use a false name or a name that you are not
authorized to use. You agree not to falsely or inaccurately suggest or indicate
any connection, affiliation or relationship with any person or entity and any
creation of multiple accounts is an express breach of the Terms &
Conditions of this Website.
1.2.5 You will not carry out any
activity in relation to the Website or the Services which would or may be
considered a criminal offence or give rise to any civil liability or infringe
any rights of any third party or which may cause us to face any such liability
and nor will you cause or encourage or procure any other person to do so.
1.2.6 When accessing and using
this Website and/or the Services you shall comply with all applicable laws and
regulations in the country from which you access them and will not do anything
which is unlawful.
1.3
Restriction of Access
1.3.1 We will not be liable if
for any reason the Website is unavailable at any time or for any period. From
time to time, we may restrict access to either some or all parts of this
Website and we shall have the right to restrict access to the Website and/or
the services at our sole discretion at any time to any registered or
non-registered users.
1.3.2 FASHIONLOVA does not
guarantee continuous, uninterrupted or secure access to any part of Website.
The operation of our website may at any time, with or without prior notice, be
suspended or interrupted for any reasons whatsoever, including but not limited
to technical maintenance works (whether routine or non-routine), server or
error correction, upgrade or other changes, or for any interference or other
factors outside of our control. FASHIONLOVA does not ensure that any files or
other data downloaded from the Website are free from viruses, malware, trojan
horses and other harmful pro-active systems.
1.3.3 FASHIONLOVA provides a
variety of payment features for the user’s comfort and shall endeavour to
ensure timely processing of your payment. Where payments involve transfer via
online bank accounts and/or involve debit cards and/or credit cards,
FASHIONLOVA cannot guarantee and makes no representations or warranties as to how
long it will take to process the payment as the payment features may be
provided by third parties and there are many factors beyond FASHIONLOVA’s
control.
1.4
Applicable Policies
1.4.1These Terms and Conditions
shall be read together with the Privacy Policy and any other policies which may
be added to the Website from time to time.
1.4.2 There may be additional
terms and conditions that will apply to the purchase of products and to
specific portions or features of the Website. This may include promotions,
contents or other similar features, all of which terms are made a part of these
Terms and Conditions by this reference.
2.
TRANSACTIONS AND CONTRACT
2.1
Formation of Contract
2.1.1 When you place an order,
you will receive an acknowledgement e-mail confirming receipt of your order.
This email will only be an acknowledgement and will not constitute acceptance
of your order. Placing a product in your cart will also not constitute
acceptance of your order or even after checkout of your order.
2.1.2 A contract between
FASHIONLOVA and you for the purchase of the products will only be formed when
we send you an email notification that your order has been accepted and the
transaction is complete.
2.2 Title
& Risk of Products
2.2.1 Once a contract is formed,
the full legal and beneficial title (ownership) in a product shall transfer to
you upon FASHIONLOVA receiving the full payment of the product in full and
after shipping out the product. Thereafter the risk and responsibility shall
remain with you. For the avoidance of doubt, FASHIONLOVA reserve all rights to
absolutely decline any transaction without stating any reasons whatsoever.
2.2.2 Since FASHIONLOVA engages
third parties to deliver your products, you acknowledge that you are fully
assuming all risks in relation to any purchase transactions done while using
the Website. You acknowledge that you are also assuming the risks or liability
or harm of any kind in connection with subsequent activity of any kind relating
to the products, which includes but shall not be limited to any risks in
relation to the delivery of the products or services.
2.2.3 FASHIONLOVA shall not be
responsible or be held liable for any losses, damages, demands, claims, errors,
inaccuracies, business disruptions, delays in delivery of the products or costs
incurred of any kind that may arise in connection with or as a result of any
such risks.
2.3
Currency Conversion & Other Charges
2.3.1 The Website offers a
choice to make payment of our Products in several currencies depending on the
location you access pre-selected website view accessed by you on our website
from.
2.3.2 You may be charged an
additional fee by your bank or credit card provider for any currency conversion
applicable if you opt to pay in a currency that is not offered as an option on
the Website. FASHIONLOVA has no control over these fees.
3. PRODUCTS
3.1 Product
Descriptions
3.1.1 All products featured on
this Website may be subject to change. Each product on this Website has a
product information (detail and description), product measurement and price
associated to it in addition to other details mostly provided by third party
brands. We do not guarantee that any information (product details, descriptions
and prices) is always 100% correct at the time of purchase.
3.1.2 If the Product you receive is different from what
has been described on this Website or if the Product is not of a satisfactory
quality and you are unhappy with it, please return the product in unused
condition with all tags intact. Refer to our returns policy.
3.2 Pricing
Policy
3.2.1 Prices quoted on our
Website are correct at time of publishing but we reserve the right to vary them
up or down for any reason whatsoever.
3.2.2 Despite our best efforts, it is possible that some
of the prices on our Website, in stores, or in official FASHIONLOVA
publications (such as emails, catalogues etc) are incorrect. If this happens,
we will, at our discretion, contact you for instructions or confirmation of the
correct price before dispatch or cancel your order and notify you.
3.2.3 We are under no obligation to honour any
price quoted on our Website.
3.3 Product
Availability
We make every effort to ensure
that the products featured on our website are available and in stock, but there
may be occasions where certain items might be temporarily out-of- stock. If a
product is unavailable at the time of order, we may send an alternative item to
you (upon your approval) or offer you a refund.
3.4 Product
Sizing
Sizes and measurements quoted
are approximate only and are listed as a guide. The actual size and
measurements of the products may vary. If the size and measurement of a product
is not as described or if the product itself is not as described, please return
the product in unused condition with all tags intact. Refer to our returns
policy.
3.5 Customs
Please note that you are
responsible for all charges that relate to customs or duty that may be applied
in certain countries. FASHIONLOVA takes no responsibility for these charges or
for any delays in your receiving any goods owing to customs’ intervention.
4.
LIMITATION OF LIABILITY & DISCLAIMER
4.1
Limitation of Liability
4.1.1 Subject to the paragraph
below, if either you or FASHIONLOVA fails to comply with these Terms and
Conditions, neither of us shall be responsible for any losses that the other
suffers as a result, except for those losses which are a foreseeable
consequence of the failure to comply with these Terms and Conditions.
4.2.2 We shall not be liable for
any special, direct, indirect, incidental, punitive, aggravated, exemplary or
consequential damages or any damages whatsoever that result from our failure to
comply with these Terms and Conditions including, but not limited to, losses
that fall into the following categories:
(a) loss of income or revenue.
(b) loss of business.
(c) loss of anticipated savings.
(d) loss of data; or
(e) any waste of time, energy or
effort expended.
4.2
Indemnification
4.2.1 You agree to release,
defend, protect, indemnify, and hold FASHIONLOVA, our affiliates, and our
officers, directors, shareholders, agents, and employees harmless from any and
all demands, claims, losses, damages, expenses or other liabilities which may
arise from your use of the Website or Services or from your breach of any of
these Terms and Conditions.
4.2.2 In addition, you agree to
release, defend, protect, indemnify and hold FASHIONLOVA, our affiliates, and
our officers, directors, shareholders, agents, and employees harmless from any
and all demands, claims, costs, losses, penalties, damages, expenses or other
liabilities of any nature, arising in any manner out of your acts, omissions or
negligence whether in tort, contract or otherwise.
4.3 Release
FASHIONLOVA shall not be
responsible for disputes between one or more users, or an outside party. If,
using the Website and/or Services you have a dispute with another user, you
hereby acknowledge and agree to hold FASHIONLOVA, our affiliates, officers,
directors, shareholders, agents, and employees harmless and agree to release
FASHIONLOVA from any and all claims, demands and damages of any kind and nature
arising from or in connection with such dispute.
5. BREACH
OF TERMS & TERMINATION
5.1 Breach
of Terms by User
5.1.1 FASHIONLOVA reserves the
absolute right, in its sole discretion, to immediately suspend or terminate
your account and/or access to the FASHIONLOVA Website and the Services with or
without any prior notification:
(a) if you have breached any of
the Terms and Conditions; or
(b) where FASHIONLOVA has
reasonable grounds to believe that you are in breach of any of the Terms and
Conditions, including any anticipatory breach where FASHIONLOVA reasonably
believes that a breach will be committed by you.
5.1.2 Notwithstanding anything
to the contrary in these Terms and Conditions, you would also be deemed to be
in breach of these Terms and Conditions if:
(a) FASHIONLOVA has reasonable
grounds to suspect that you have used a stolen credit card or utilised a cloned
credit card or other false or misleading information in any transaction with a
counter party.
(b) FASHIONLOVA has reasonable
grounds to suspect that any information provided by you is not complete,
outdated, untrue, false, inaccurate, or misleading.
(c) FASHIONLOVA has reasonable
grounds to believe that your act or commission may cause financial loss or
legal liability to the Website or our affiliates, other users or third parties;
or
(d) upon receipt of a complaint
or claim from any third party and where FASHIONLOVA has reasonable grounds to
believe that you have breached these Terms and Conditions.
5.2
Consequences of User’s Breach
5.2.1 In the event of any breach
by you of these Terms and Conditions, FASHIONLOVA reserves the right to suspend
and/or terminate your user account and/or access to the Website with or without
notice to you.
5.2.2 FASHIONLOVA also has the
absolute right to restrict, ban or refuse all current or future use of the
FASHIONLOVA Website and any of the Services that may be provided by
FASHIONLOVA.
5.2.3 Upon suspension or
termination, your right to use the features on the Website shall immediately
cease and FASHIONLOVA reserves the right to remove or delete your information
that is available with FASHIONLOVA, including but not limited to all your login
and account information.
5.2.4 Your right to use the
Website immediately ceases upon termination or suspension of your account. You
acknowledge and hereby agree that we may immediately deactivate or delete your
account and all related information and files in your account and/or prevent
any further access to such files or the Website.
5.2.5 FASHIONLOVA shall not be
liable to you or any third party for any claims or damages arising out of any
termination or suspension of your user account, or any other actions taken by
FASHIONLOVA in connection with such account termination or suspension.
6.
INTELLECTUAL PROPERTY
6.1 Right
of Use
6.1.1 All content included on
our Website including but not limited to the web site design, photographs,
images, text, graphics, audio clips, visual clips, logos, button icons and the
selection and arrangement thereof are either our property or that of third
parties and are protected by Malaysian and international copyright laws.
6.1.2 All software used on this
site is either our property or that of our contractors and/or suppliers and is
protected by Malaysian and international copyright laws.
6.1.3 Permission is granted to
electronically copy and to print in hard copy portions of this Website for the
purposes of placing an order with us and using this Website as a shopping
resource only. Any other use of materials on this Website including
reproduction for purposes other than those noted above, modification,
distribution, transmission, broadcasting, republication, downloading or
uploading without our prior written permission is strictly prohibited.
6.2
Restriction of Use
6.2.1 For the avoidance of
doubt, you are not permitted to copy, post, reproduce, upload, duplicate,
reverse engineer, encode, transmit, distribute, translate, or commercially
exploit in any way including “mirroring”, data scrape or data crawl any part of
the FASHIONLOVA Website and/or the Services including any content to any other
website or other form of electronic or mechanical methods or medium.
6.2.2 FASHIONLOVA copyright,
trademarks, logos, business name, domain name and rights in trademarks and all
other intellectual property rights may not be used, including without
limitation as part of trademarks and/or as part of similar domain names or
email addresses, in connection with any product or service in any manner that
is likely to cause confusion. The names of actual companies and products
mentioned herein may be the trademarks or intellectual properties of their
respective owners.
6.2.3 All of FASHIONLOVA rights
and remedies are expressly reserved as they exist under the applicable laws.
7.
GOVERNING LAW AND JURISDICTION
Any disputes arising from use of
this website will be governed by and construed in accordance with Malaysian Law
and will be subject to the exclusive jurisdiction of the Malaysian Courts.
8. GENERAL
8.1 Entire
Agreement
The Terms and Conditions,
including all the policies applicable by the Terms and Conditions, constitute
the entire agreement between FASHIONLOVA and you with respect to the use of the
Website and Services and supersede any other agreement between FASHIONLOVA and
you with respect to the Website and/or Services.
8.2 No
Waiver
8.2.1 Any failure or delay by
FASHIONLOVA in enforcing or partially enforcing any provision of these Terms
and Conditions will not be construed as a waiver of any of our rights
under these Terms and Conditions.
8.2.2 Any waiver by us of
any breach of, or any default under, any provision of these Terms and
Conditions by you will not be deemed a waiver of any subsequent breach or
default and will in no way affect the other terms of these Terms and
Conditions.
8.3
Severability
If any provision of these Terms
and Conditions is held by any competent authority to be invalid or
unenforceable in whole or in part the validity of the other provisions of these
Terms and Conditions and the remainder of the Term or Terms in question shall
not be affected.
8.4
Agreement Survives Termination
All provisions in these Terms
and Conditions which by their nature are intended to survive expiration or
termination shall survive any expiration or termination of the contract between
FASHIONLOVA and you.
8.5 3rd
Party Rights
A person who is not a party to
these Terms and Conditions shall have no right or remedy to enforce any term of
these Terms and Conditions and nothing herein shall be construed to grant any
such person any rights or remedies to enforce these Terms and Conditions
against FASHIONLOVA.