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TERMS AND CONDITIONS

Agreement Between User and Fashionsbyindia.com

The fashionsbyindia.com Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of our Web Site constitutes your agreement to all such terms, conditions, and notices. Your use of the fashionsbyindia.com Web Site may also be subject to additional terms outlined elsewhere on this website (the "Additional Terms"). Additionally, our Web Site may contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular fashionsbyindia.com website, then these terms shall control.

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this "Site"). By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.

Modification of these terms of use

Fashionsbyindia.com reserves the right to change the terms, conditions, and notices under which the fashionsbyindia.com Web Sites are offered, including but not limited any charges associated with the use of this site. You are responsible for regularly reviewing these terms and conditions.

Use of site. Personal and non-commercial use limitation

Unless otherwise specified, the fashionsbyindia.com Web Sites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the fashionsbyindia.com Web Sites.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with fashionsbyindia.com or to purchase fashionsbyindia.com products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of us is strictly prohibited.

Harassment in any manner or form on the Site or any of the Fashionsbyindia Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Fashionsbyindia.com employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

Copyrights and Trademarks

The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of fashionsbyindia.com. The collective work includes works that are licensed to fashionsbyindia.com. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to fashionsbyindia.com, or other respective owners that have granted fashionsbyindia.com the right and license to use such Marks.

Notices and procedures for making claims of copyright infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. We respects the intellectual property of others, and we ask our users and visitors to do the same. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, We will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information. Please be advised that to be effective, the Notification must include ALL of the following:

  1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Site;
  4. your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

By mail:

Attn : Legal Division / Copyright Agent

205 Milroy St NW

Olympia, WA - 98502

By email: info@fashionsbyindia.com

(Please include "Notice of Infringement" in the subject line.)

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING fashionsbyindia.com THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

YOU AGREE THAT BY USING THE SITE AND REGISTERING FOR AN ACCOUNT YOU ARE AT LEAST 18 YEARS OF AGE, OR VISITING THE SITE UNDER THE SUPERVISION OF A PARENT OR GUARDIAN, AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

Please also refer to fashionsbyindia.com Privacy Policy and our Shipping, Return and Exchange Policies which are incorporated by reference into this Agreement and which may also be revised at any time without notice to you.

MONTHLY SELECTION

Monthly Selection Process

As a fashionsbyindia.com client, each month you will receive a set of personal fashion selections, based on your style and preferences. Each month, your personal fashion showroom may change. Accordingly, fashionsbyindia.com cannot guarantee that a selection available in a particular month will be available in any subsequent month. At any point of time, you can cancel receiving promotional emails from us by unsubscribing at support@fashionsbyindia.com  

SHIPPING, RETURNS AND EXCHANGES

Shipping, return and exchange of any merchandise ordered through the Site or in connection with your account are subject to the fashionsbyindia.com Shipping, Return and Exchange policies.

Replacement of products and store credit to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your account.

MEMBER PRIVACY

By becoming a Member of the Program, you agree to receive advertising, marketing materials and other communications from fashionsbyindia.com, its third-party service providers and its affiliates. Your personal information will be held in accordance with fashionsbyindia.com Privacy policy.

RISK OF LOSS

The risk of loss and title for items purchased by you pass to you upon fashionsbyindia.com delivery of the items to the carrier pursuant to the fashionsbyindia.com Shipping Policy.

LOCAL TAXES

You may be charged local sales tax, if applicable.

INTERNATIONAL ACCESS

This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations.

ACCOUNT CANCELLATIONS

We will do everything to make your experience as satisfying as possible; however, you are free to cancel your account any time by emailing to us at support@fashionsbyindia.com. If you stay, you will be eligible to enjoy long-term rewards, such as private sales and special offers for preferred clients. Please note: If you have store credit at the time of cancellation, refunds are at the sole discretion of fashionsbyindia.com.

We may terminate your account, without notice, for conduct that we believe violates this Agreement or our policies, is harmful to other clients or our business interests, or for an inactive account.

CREDIT CARD DETAILS

You agree, understand and confirm that the credit card details provided by you for availing of services on fashionsbyindia.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 when making payment on fashionsbyindia.com. Your credit card information never reaches fashionsbyindia.com, we just get pass, hold or fail message from our payment gateways. The said information will not be utilized and shared by our payment gateways or fashionsbyindia.com with any of the third parties unless required for fraud verifications or by law, regulation or court order. fashionsbyindia.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.

FRAUDULENT / DECLINED TRANSACTIONS

fashionsbyindia.com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Fashionsbyindia.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

ELECTRONIC COMMUNICATIONS

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email 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.

TYPOGRAPHICAL ERRORS

In the event fashionsbyindia.com products or services listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, We shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, We shall issue a credit to your credit card account in the amount of the incorrect price.

REVIEWS, FEEDBACK, SUGGESTIONS

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to fashionsbyindia.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain fashionsbyindia.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to fashionsbyindia.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, fashionsbyindia.com owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Fashionsbyindia.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. fashionsbyindia.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

fashionsbyindia.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant fashionsbyindia.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify fashionsbyindia.com and its affiliates for all claims resulting from any Comments you submit. fashionsbyindia.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

OBJECTIONABLE MATERIAL

You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, fashionsbyindia.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

SITE SECURITY

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Fashionsbyindia.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from fashionsbyindia.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, Google Chrome, Firefox etc).

SALE CONDITIONS

These are the terms and conditions (the “Sale Terms”) that apply when you purchase products on our website including gift cards and e-gift cards (“merchandise”) from fashionsbyindia.com.  By placing an order for merchandise through fashionsbyindia.com, We microsites or mobile sites, or mobile applications (collectively our “Website”) or by phone, you accept these Sale Terms and agree to be bound by them.  Because these Sale Terms are subject to change, please review and save a copy of them for your records prior to placing each order. If you have any questions about the Sale Terms or any aspect of your order, please e-mail our Customer Service Department at support@fashionsbyindia.com or call 1-360-350-2969.

Order and Acceptance

  • Each part of an order that you submit to us constitutes an offer to purchase merchandise. If you have placed your order through our Website, after we receive your order you will receive an email from us confirming receipt of your order, usually in minutes. If you do not receive an email, contact us before you try to place another order for the same merchandise. You should note that the email that we send to you confirming receipt of your order does not constitute acceptance of your order.
  • Fashionsbyindia.com is not deemed to have accepted your order (or any part of your order) until the requested merchandise is shipped and we have sent a shipment confirmation email. You can track the progress of your order by My Account Section.

If we reject your order because of an error in pricing or other information about the merchandise, we will notify you at the email address you provided and ask you whether you would like to re-submit your order to purchase the relevant merchandise once we have corrected the error. If we have notified you that we have accepted your order by sending you a shipment confirmation email, you will not be required to pay more than the price that was displayed on our Website at the time that you placed your order. If we have sent you merchandise which is different from the description of the relevant merchandise on our Website at the time that you place your order, you can return or exchange it. For more details, please see the Return Policy.

Although it is rare that Fashionsbyindia.com would refuse to accept an order, we reserve the right to deny any order for any reason, including where the following situations arise:

Error in Billing, Payment or Shipping Information

Some orders cannot be processed due to an error in information you have provided, which includes, but is not limited to:

  • an incorrect credit card or debit card number, expiration date and/or card security value, or information regarding other payment types;
  • incorrect billing information (for example, if the billing information you provide is different from information your financial institution has on record);
  • an insufficient or incorrect shipping address (including street address, city, state, zip or postal code);
  • or any suspected fraudulent information.

Merchandise Shipping Delay or Unavailability

If an item of merchandise is delayed out of our fulfillment center or becomes unavailable, or if there is an error on our Website relating to the order (for example, an error relating to the price or description of merchandise) Fashionsbyindia.com may cancel the order. If this occurs we will contact you so you are aware.

Resale of Merchandise

Fashionsbyindia.com is a private label brand. To protect its intellectual property rights, any suspected resale of our merchandise for personal or business profit is strictly prohibited. We will not accept any order found to have characteristics of reselling.  We reserve the right to cancel all subsequent orders from such customers.

Previous Fraudulent Order History

Fashionsbyindia.com may refuse to accept any order if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history. We may also refuse any orders connected with a previous credit card dispute.

Engagement with Fashionsbyindia.com Affiliates

Fashionsbyindia.com reserves the right to block from receiving marketing communications or to remove and unsubscribe from all Company platforms any email address, phone number, and/or mailing address associated with customers determined by the Company to have characteristics of reselling and/or customer orders determined by the Company to be fraudulent. Company platforms affected by such removal include but are not limited to: (i) any of the Company’s online accounts; (ii) promotional club memberships; (iii) email marketing lists; (iv) text messaging programs; or (v) direct mailing lists. In addition, affected customers may be prohibited from accessing or registering for all of the aforementioned platforms in the future.

Merchandise on Back order

Merchandise on backorder is temporarily out of stock. If we are unable to ship any merchandise on backorder within thirty (30) days from the date of your order, we will notify you at the e-mail address that you have provided.  You will not be charged for merchandise on backorder until it ships.  Shipping and handling for each item in an order is distributed so it is directly proportional to the cost of an item and will not be charged in the applicable proportional amount until the respective item(s) ship(s). All items in an order will be shipped via the shipping service type selected when placing the order.  The status of a back ordered item will remain open on an order until the merchandise is in stock and we take payment and ship the merchandise, or until we contact you that that item was cancelled, or if you contact us to change or cancel your order.

Prices and Payments

Fashionsbyindia.com may vary the price of its merchandise at any time.  After we accept an order, we will not alter the price, except for merchandise eligible for price adjustment.

Payments by Credit Card

When you pay by Credit Card, Fashionsbyindia.com reserves the right to request additional evidence or proof of billing information. Debit payment methods will be processed as credit. If you contest the validity or amount of a charge related to an order with Fashionsbyindia.com and believe it to be fraudulent, please email us at Support@fashionsbyindia.com.

Fashionsbyindia.com will prosecute to the fullest extent of the law any fraudulent activities related to the reversal of a valid charge for an order filled and delivered to the customer.  Should your order be cancelled, any 'authorization holds' will drop of your account within Seven to Ten business days.

Limitation of Liability

IN NO EVENT WILL Fashionsbyindia.com BE LIABLE TO ANY PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATING TO A SALE OF MERCHANDISE.  In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply.

Additional Terms and Resources

If you ordered your merchandise though our Website, your use of the Website is subject to the Website's Terms and Conditions. Any personally identifiable information provided to Fashionsbyindia.com through the Website is subject to the Website's Privacy Policy.

Fashionsbyindia.com is located, and controls the Website, from its offices within the State of Washington. The Sale Terms shall be governed by the laws of the state of Washington, without giving effect to its conflict of laws provisions.  The Sale Terms are not enforceable by any party except for Fashionsbyindia.com and its customers.  If any provision of the Sale Terms is found not to be enforceable, that term will be deleted and all other terms will remain.

Term; termination

These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by fashionsbyindia.com without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.

User participation

fashionsbyindia.com does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, fashionsbyindia.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, We reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to fashionsbyindia.com at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by fashionsbyindia.com in accordance with our Privacy Policy.

User submissions

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site ("Communications") will be considered non-confidential and non-proprietary. fashionsbyindia.com will have no obligations with respect to the Communications. fashionsbyindia.com and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

User chat rooms

fashionsbyindia.com may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. fashionsbyindia.com, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

Third-party links

In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with fashionsbyindia.com, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of fashionsbyindia.com. We have no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that fashionsbyindia.com sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, fashionsbyindia.com seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

Claims

Each claim or statement about the effectiveness of fashionsbyindia.com products and/or each claim or statement comparing the effectiveness of fashionsbyindia.com products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.

Disclaimer

fashionsbyindia.com makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites.

fashionsbyindia.com does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.

THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IT IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, fashionsbyindia.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. fashionsbyindia.com DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. fashionsbyindia.com DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitations of liability

IN NO EVENT SHALL fashionsbyindia.com BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF fashionsbyindia.com HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless fashionsbyindia.com, its officers, directors, employees, agents, licencors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.

Applicable laws

Your use of this Site shall be governed in all respects by the laws of the state of Washington, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of fashionsbyindia.com products) shall be in the state or federal courts located in Thurston County, Washington. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of fashionsbyindia.com products) must be commenced within one (1) year after the claim or cause of action arises. fashionsbyindia.com failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. fashionsbyindia.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

fashionsbyindia.com makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Washington state do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Washington.

Arbitration

By using this Site, you agree that fashionsbyindia.com, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

General

fashionsbyindia.com may revise these Terms at any time by updating this posting. You should visit this page from time to time to review current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

US Customs and Border Protection (CBP) clearance authority statement

By ordering goods from fashionsbyindia.com, I hereby authorize a licensed USA's customs broker chosen by fashionsbyindia.com to act as my agent, and to transact business with Unites State Customs and Border Protection (CBP) to clear my merchandise, account for applicable duties and taxes, to return merchandise to Landmark Global and prepare and submit refund claims on my behalf for any merchandise that I return.

I understand that CBP will send any refund of duties and taxes that were paid on the returned merchandise to the broker, and that I will obtain the refund directly from fashionsbyindia.com. In this connection, I also authorize the CBP to endorse any refund check issued by CBP in my name, so that fashionsbyindia.com can be reimbursed. I also waive my need for any receipt of this transaction which may include classification of goods, transaction number, and a breakdown of duties and taxes.

You Agree and Confirm

That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by fashionsbyindia.com for re delivery shall be claimed from you.

That you will use the services provided by fashionsbyindia.com, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.

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