- Introduction
1.1 Kindly read the Terms and Conditions carefully before you submit your order through/on the Fashionsista Site. By submitting an order on the Fashionsista Site, you are agreeing to be obligated by the Terms and Conditions with an immediate effect.
- Definitions
For the purposes of these Terms and Conditions:
2.1. Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
2.2. Country refers to: Lebanon
2.3. Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to fashionsista.
2.4. Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
2.5. Service refers to the Website.
2.6. Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
2.7. Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
2.8 Website refers to fashionsista, accessible from https://fashionsistaa.com
2.9. You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- Your order
3.1 You may purchase the items by placing and completing the order form provided on the Fashionsista Site. While completing the order, you will be required to insert some information requested by us and complete your payment details. Thus, you will be responsible for ensuring the accuracy of the order. Please note that when you place an order, you accept and agree to abide by the Terms and Conditions including all other policies and Applicable Laws that are made applicable for your purchase of items.
3.2 Each item in your order shall be sold by the Fashionsista who are registered to access the Fashionsista Services on theFashionsista Site. The actual contract of sale therefore is directly between you and the Fashionsista. Thus, we do not have any control over, and we do not guarantee the existence, quality, safety or legality of the items advertised; the truth or accuracy of the Fashionsista’s content or listing and/or Fashionsista’s ability and necessary authority to sell the items.
3.3 Order acceptance
Your order shall be deemed accepted by us upon receipt of a notification in writing (i.e. by e-mail or SMS) from us.
It shall be understood that neither completion of submitting or completing the order submission form will constitute our acceptance of your order. Our acceptance of your order will take place only upon receipt of full payment from you.
3.4 Order cancellation
You are not entitled to cancel your order, once you pre-ordered and ordered in our Fashionsista page.
3.5 We are also entitled, at our sole discretion, to refuse or reject to process any orders that we detect as bulk purchasing (exceed quantity limit), having questionable or erroneous information or payment details necessary to process the order, and/or any other suspicious transaction.
- Delivery of your order
4.1 The orders will be delivered to the address which you provided in your order, in a time of 10 to 12 laborable day.
4.2 We will endeavor to deliver the item to your specified address at the set date and time.
4.3 In case of any failure or delay in delivering the items to you at the set date, we will contact you as soon as possible with a revised estimated delivery date. In parallel, in case you were not available at your specified address at the time of delivery, we shall contact you to arrange re-delivery.
4.4 We may, at our sole discretion, refuse to process, restrict shipping destinations for, stop and/or cancel any order of Goods that breaches the provisions of this Terms and Conditions or in violation of the Applicable Law.
- Return, cancellation or replacement of the ordered items
5.1 Return or replacement orders
In case you wish to return your order for replacement or exchange of a certain item, you must submit to us a return request for the delivered item and return such item within two (2) days of receipt of your order.
We are not entitled to refund your order.
7. Payment
7.1 All orders will have to make the relevant payment. All payment shall only be made to us. No other means or mode of payment shall be acceptable apart from the mode of payment available in the Fashionsista Site.
7.2. All payments will made cash on delivery. We reserve the right to schedule the delivery time and the ordered items shall be handed over to you upon your payment in cash.
7.3 We do accept payment by the following methods – in American Dollars or in Lebanese Pounds with the actual Dollar rate.
- Defect or damage to your ordered Goods
8.1 Warranty. We shall only provide returns and allow exchange orders in case of a damaged or a defective item.
- Warranties, guarantees and undertakings
9.1 You warrant, guarantee and undertake the following:
- Fully comply and will always continue to fully comply with all Applicable Laws, decrees and regulations, including any content regulations, and any policy/ies that we may set from time to time;
- Have full legal capacity and authority to enter into the Terms and Conditions and make the relevant payments in accordance with the Terms and Conditions set forth herein including all other policy/ies as we may issue from time to time;
- We are not liable nor responsible for any loss, damage and/or claims arising from your use of any orders purchased or ordered;
- Provide us with any information and/or documentation that may be requested on the Fashionsista Site for the continuance of your use and access to the Fashionsista Services;
- Not to access any other person’s unless authorized to do so nor use any personal information or details obtained from any other person by the use of the Fashionsista Services.
- Immediately and promptly notify us if you suspected or believe that an unauthorized third party may be using your account on the Fashionsista Site or if your account information is lost, stolen, or exposed to any other breach of security;
- Provide us with the required information relating to the fulfillment of the items you order;
- Indemnify, defend and hold us harmless against all loss, damages, costs, expenses and any legal fees incurred by you in connection with the enforcement of our right under the Terms and Conditions; and
- Indemnify, defend and hold us harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third-party claim concerning:
- Your use of the Fashionsista Services (including any activities under your account and use by your permitted users, employees, and personnel);
- Your breach of or violation of Applicable Law and/or the Terms of Conditions including other terms, conditions or any policy/ies as we may impose from time to time;
9.2 Fashionsista Services are provided “as is”. We and our affiliates and licensors make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the Fashionsista Services or the third-party content, including any warranty that the Fashionsista Services or third-party content will be uninterrupted, error free or free of harmful components, or that any content, including your content or the third-party content, will be secure or not otherwise lost or damaged. Except to the extent prohibited by law, we and our affiliates and licensors disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.
- Liability
10.1 To the fullest extent permitted by Applicable Law and notwithstanding any other provision of this Terms and Conditions, we including our authorized third-party providers (including our and their directors, officers, agents, employees, suppliers, subcontractors or licensors) will not be liable to you whether in contract, warranty, tort (including without limitation negligence, whether active , passive or imputed, product liability strict liability or other theory), or other cause of action at law, in equity by statute or otherwise, for:
- loss of use, loss of profits, pecuniary loss, loss of data, business interruption, loss of goodwill or failure to realise anticipated savings, in each case whether direct or indirect; or
- any direct, indirect, incidental, special, consequential or exemplary damages, even if a party has been advised of the possibility of such damages.
10.2 In addition to the foregoing, neither we nor any of our affiliates or licensors or authorized third party providers will be responsible (directly or indirectly) for any compensation, reimbursement, or damages arising in connection with:
- Any delay or failure of the delivery of your order;
- Any delay in the refund in case of cancellation of your order;
- Improper remedy of the defect of the items taken by you or any unauthorized service center / third party;
- Any alteration of the items without any prior agreement with us;
- Goods altered by you or any unauthorized service center / third party;
- Any defect in the Goods caused by your improper use;
- Any installation done by you or any unauthorized service center / third party that caused damage or defect to the ordered Goods.
- Your failure to adhere or comply with the instructions of the items including our policies;
- For any defect, damage, etc. in certain Goods that arises after the expiry of the warranty period mentioned in Clause 8.1 above;
10.3 Notwithstanding the provisions of this Terms and Conditions, if we are found to be liable by competent court, then we and our affiliates, licensors and third-party providers’ aggregate liability will be limited to the lesser of: (a) the price you paid for the Goods purchased that gave rise to the claim during the 12 months’ preceding the claim; or (b) AED 300.00
- Miscellaneous
11.1 Modifications the Terms and Conditions. We reserve our right to modify this Terms and Conditions at any time by posting a revised version on the Fashionsista Site. By continuing to use theFashionsista Services after the effective date of any modifications to the Terms and Conditions, you agree to be bound by the modified terms.
11.2 Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under the Terms and Conditions where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
11.3 Notice. To send us notice under the Terms and Conditions, you must contact us as follows: (i) by telephone to +961 81835654; or (ii) by email fashionsista.lb@outlook.com.
11.4 No Waivers. Our failure to enforce any of the provisions of this Terms and Conditions will not constitute a present or future waiver of such provision nor limit our right to enforce such provision later. We reserve our right to waive any provision embodied in this Terms and Conditions and any waiver made by us shall only be effective if in writing.
11.5 Severability. If any portion of Terms and Conditions is held to be invalid or unenforceable, the remaining portions of Terms and Conditions will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from Terms and Conditions, but the rest of Terms and Conditions will remain in full force and effect.
11.6 Governing Law. Any disputes or claims arising out of or in connection with this Terms and Conditions, including but not limited to conclusion, execution, breach, performance, invalidity thereof, are governed by and construed in accordance with, the law of Lebanon.
11.7 Entire Agreement. The Terms and Conditions including any policy and/or instruction that we may set or amend from time to time is the entire Terms and Conditions between the parties and supersedes all prior or contemporaneous representations, understandings, agreements, or communications between the parties, whether written or verbal.
