General:
XFashio http://www.XFashio.in/ owns and
operates this Website. This document governs your relationship with http://www.XFashio.in/ Access
to and use of this Website and the products and services available through this
Website are subject to the following terms, conditions, and notices. By using
the Services, you are agreeing to all of the Terms of Service, as may be
updated by us from time to time. You should check this page regularly to take
notice of any changes we may have made to the Terms of Service.
We will
not be liable if for any reason this Website is unavailable at any time or for
any period. There may be restrictions from us on some parts of the website from time to
time. The Website may contain links to other websites, which are not operated
by http://www.XFashio.in/.XFashio has no
control over the Linked Sites and accepts no responsibility for them or for any
loss or damage that may arise from your use of them. Your use of the Linked
Sites will be subject to the terms of use and service contained within each
such site.
Prohibition
We
strictly prohibit the misuse of the site. We will not entertain or tolerate any
criminal offense from your side. We solely believe that you will not circulate
any virus, Torjan, logic bomb, worm, and any other malicious or technologically
harmful material. Appropriate action would be taken against you if you try to
hack into any aspect of our service or corrupt the data. You are not allowed to
disobey the proprietary rights of any other person or send any promotional material
that is “spam” or attempt to affect the functionality of any computer
facilities accessed through this website. If you violate any of these rules you
will be a subject to criminal offense and http://www.XFashio.in/ will report any such offence to
the relevant law enforcement authorities and disclose your identity to them.
We will
not be responsible if any virus or technologically harmful material infects
your computer program and data due to your use of this website or if you
download any material posted on our website or on any website linked to it.
Intellectual
Property, Software, and Content
The
intellectual property rights in all software and content (including photographic
images) made available to you on or through this Website remains the property of
http://www.XFashio.in/ or its
licensors and are protected by copyright laws and treaties around the world. All
such rights are reserved by http://www.XFashio.in/ and its licensors. You are not
permitted to publish or distribute any of the contents and images used on this
site in any format. Appropriate action will be taken if you use any of the
banners, images, or content in connection with any business or commercial
enterprise. Though you are allowed to store, print, and display the content
supplied solely for your own personal use.
Terms of Sale
By
placing an order you are offering to purchase a product on and subject to the
following terms and conditions. All orders are subject to availability and
confirmation of the order price. Dispatch times may vary according to
availability and subject to any delays resulting from postal delays or force
majeure for which we will not be responsible.
In order
to contract with http://www.XFashio.in/, you must
be over 18 years of age and possess a valid credit or debit card issued by a
bank acceptable to us. http://www.XFashio.in/ retains the right to refuse any
request made by you. If your order is accepted we will inform you by email and
we will confirm the identity of the party which you have contracted with. This
will usually be http://www.XFashio.in/ or may
in some cases be a third party. Where a contract is made with a third party we
will not act as either agent or principal and the contract made between you and
that third party will be subject to the terms of sale which they supply you.
When placing an order you undertake that all details you provide to us are true
and accurate, that you are an authorized user of the credit or debit card used
to place your order and that there are sufficient funds to cover the cost of
the goods. The cost of foreign products and services may fluctuate. All prices
advertised are subject to such changes.
(a) Our Contract
When you
place an order, you will receive an acknowledgment e-mail confirming receipt
of your order: this email will only be an acknowledgment and will not
constitute acceptance of your order. A contract between us will not be formed
until we send you confirmation by e-mail that the goods which you ordered have
been dispatched to you. Only those goods listed in the confirmation e-mail sent
at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we
try and ensure that all details, descriptions, and prices which appear on this
Website are accurate, errors may occur. If we discover an error in the price of
any goods which you have ordered we will inform you of this as soon as possible
and give you the option of reconfirming your order at the correct price or
canceling it. If we are unable to contact you we will treat the order as
cancelled. If you cancel and you have already paid for the goods, you will
receive a full refund. Delivery costs will be charged in addition; such
additional charges are clearly displayed where applicable and included in the
'Total Cost'.
(c) Payment
Upon
receiving your order we carry out a standard authorization check on your
payment card to ensure there are sufficient funds to fulfil the transaction.
Your card will be debited upon authorisation being received. The amount
received upon the debiting of your card shall be treated as a deposit against
the value of the goods you wish to purchase. Once the goods have been
despatched and you have been sent a confirmation email the monies paid as a
deposit shall be used as consideration for the value of goods you have
purchased as listed in the confirmation email.
(d) Disclaimer of Liability
The
material displayed on this Website is provided without any guarantees, conditions,
or warranties as to its accuracy. Unless expressly stated to the contrary to
the fullest extent permitted by law http://www.XFashio.in/ and its suppliers, content
providers and advertisers hereby expressly exclude all conditions, warranties
and other terms which might otherwise be implied by statute, common law or the
law of equity and shall not be liable for any damages whatsoever, including but
without limitation to any direct, indirect, special, consequential, punitive or
incidental damages, or damages for loss of use, profits, data or other
intangibles, damage to goodwill or reputation, or the cost of procurement of
substitute goods and services, arising out of or related to the use, inability
to use, performance or failures of this Website or the Linked Sites and any
materials posted thereon, irrespective of whether such damages were foreseeable
or arise in contract, tort, equity, restitution, by statute, at common law or
otherwise. This does not affect XFashio’s liability for death or personal
injury arising from its negligence, fraudulent misrepresentation,
misrepresentation as to a fundamental matter or any other liability which
cannot be excluded or limited under applicable law.
Linking to this Website
You may
link to our home page, provided you do so in a way that is fair and legal and
does not damage our reputation or take advantage of it, but you must not
establish a link in such a way as to suggest any form of association, approval,
or endorsement on our part where none exists. You must not establish a link
from any website that is not owned by you. This Website must not be framed on
any other site, nor may you create a link to any part of this Website other
than the home page. We reserve the right to withdraw linking permission without
notice.
Disclaimer
as to ownership of trademarks, images of personalities, and third party
copyright
Except
where expressly stated to the contrary all persons (including their names and
images), third party trademarks and content, services and/or locations featured
on this Website are in no way associated, linked, or affiliated with http://www.XFashio.in/ and you
should not rely on the existence of such a connection or affiliation. Any trademarks
names featured on this Website are owned by the respective trademark owners.
Where a trademark or brand name is referred to it is used solely to describe or
identify the products and services and is in no way an assertion that such products
or services are endorsed by or connected to http://www.XFashio.in/
Indemnity
You agree
to indemnify, defend and hold harmless http://www.XFashio.in/, its directors, officers,
employees, consultants, agents, and affiliates, from any and all third party
claims, liability, damages and/or costs (including, but not limited to, legal
fees) arising from your use this Website or your breach of the Terms of
Service.
Variation
http://www.XFashio.in/ shall
have the right in its absolute discretion at any time and without notice to
amend, remove, or vary the Services and/or any page of this Website.
Invalidity
If any
part of the Terms of Service is unenforceable (including any provision in which
we exclude our liability to you) the enforceability of any other part of the
Terms of Service will not be affected all other clauses remaining in full force
and effect. So far as possible where any clause/sub-clause or part of a
clause/sub-clause can be severed to render the remaining part valid, the clause
shall be interpreted accordingly. Alternatively, you agree that the clause
shall be rectified and interpreted in such a way that closely resembles the
original meaning of the clause /sub-clause as is permitted by law.
Complaints
We
operate a complaints handling procedure which we will use to try to resolve
disputes when they first arise, please let us know if you have any complaints
or comments.
Waiver
If you
breach these conditions and we take no action, we will still be entitled to use
our rights and remedies in any other situation where you breach these
conditions.
Entire Agreement
The above Terms of Service constitute the entire
agreement of the parties and supersede all preceding and contemporaneous
agreements between you and http://www.XFashio.in/. Any
waiver of any provision of the Terms of Service will be effective only if in
writing and signed by a director of http://www.XFashio.in/.