TERMS AND CONDITIONS
Overview
Acceptance and Scope of Agreement
These Terms of Service and Conditions of Use (“Terms”) govern your access to and use of any and all services provided by the Organization (Fashinerary), encompassing but not limited to our website, social media presence, in-person services, photographic services, customer support infrastructure, and marketing initiatives (collectively, the “Platform”). By engaging with any aspect of the Platform, whether as a visitor, customer, affiliate, contributor, or stakeholder, you hereby acknowledge, consent to, and agree to be bound by these Terms, including all supplementary terms, conditions, and policies incorporated by reference or hyperlink herein.
Eligibility
By accessing or utilizing the Platform, you represent and warrant that: a. you are at least thirteen 13 years of age; b. you possess the requisite legal capacity and authority to enter into this binding agreement; and c. your use of the Platform will comply with these Terms and all applicable laws and regulations. The Organization strongly advises comprehensive review of these Terms and the associated Privacy Policy, as they constitute material components of this legally binding agreement.
Modifications and Acceptance
The Organization expressly reserves the right to amend, modify, or update these Terms at its sole discretion by publishing such modifications on the Platform. Your continued use of the Platform following any such modifications, including access to content, procurement of products, or utilization of services, shall constitute unequivocal acceptance of the modified Terms. Any subsequent features, tools, or services introduced to the Platform shall automatically be subject to these Terms. Users shall bear the obligation to monitor and review these Terms on a regular basis.
Technical Infrastructure
The Platform’s operations are facilitated through third-party service providers, including but not limited to PayPal, Elementor, and WooCommerce, which enable the Organization to deliver products and virtual services to users.
Transactions
Eligibility
The purchaser or event reserver warrants that they have reached the age of majority (18 years in most countries) and possess the legal capacity to form a binding agreement or are making purchases through an authorized guardian. All purchases are intended solely for personal or household consumption and are explicitly prohibited from resale or export activities.
Purchase Limitations and Discretionary Rights
The Organization reserves the unilateral right to: a. Impose quantity limitations on purchases without prior written approval provided to the client. For more information about placing special orders, contact us at [email protected]; b. Restrict multiple orders using identical customer credentials; c. Cancel or prohibit orders that, in our judgment, appear to be intended for commercial resale; d. Terminate business relationships with policy violators and temporarily deactivate or terminate any associated accounts; and e. Modify or cancel orders with reasonable notification efforts via the email, billing address, and/or phone number provided when the order was placed.
Customer Obligations
The customer hereby agrees to: a. Provide and maintain accurate, complete and most recent purchase and account information; b. Refrain from utilizing products for illegal purposes, unauthorized aims or promotional activities within the user’s jurisdiction; and c. Abstain from transmitting malicious code or utilizing products in connection with gambling activities.
Pricing and Availability
Notwithstanding the Organization’s endeavours to maintain pricing accuracy, the Organization expressly disclaims any warranty regarding the accuracy, completeness, or currency of the information displayed on this platform, as well as any liability arising from customer reliance on such information, which shall be at the customer’s sole risk and discretion. The Organization maintains sole discretion over the following: a. Price variations between online and physical locations; b. The correction of typographical errors, user-generated comments & reviews, inaccuracies, or omissions at any time without notice, and the cancellation of any orders resulting from such occurrences. Any product or service offerings presented herein shall be deemed void where prohibited; c. Product availability and discontinuation; and d. The implementation of promotional codes and discounts at any time and for specific audiences, which may not be combined with other offers. Discounts and discount thresholds do not apply to taxes or shipping and handling fees.
Payment Processing, Taxation and Delivery Terms
Payment processing may be conducted through authorized third-party processors. The Customer acknowledges and agrees that all applicable governmental taxes, including but not limited to sales tax, use tax, and excise tax, shall be: a. Collected by the Organization as required by law; b. Added to the Customer’s billing account; and c. Borne by the Customer.
The risk of loss for purchased products transfers to the customer upon delivery. All transactions shall be governed by our shipping and return policies, whereby any refunds shall be issued solely at the Organization’s discretion.
General Provisions
We reserve the right to restrict platform access and refuse service to users who violate these terms. The product displays, colors, images, quality, and descriptions of products and services are subject to reasonable variation, and the Organization makes no warranties regarding the fulfillment of customer expectations, satisfaction, or service corrections and conformance.
Usage Restrictions & Impermissible Activities
You are prohibited from:
a. accessing the Services through unauthorized means: 1). Accessing, manipulating, or utilizing any private areas of Fashinerary’s services, computer systems, or technical infrastructure; 2). Conducting security vulnerability assessments or attempting to breach security protocols or 3). Circumventing or weakening any protective technological measures implemented by Fashinerary, its providers, or other users.
b. System Integrity: Any attempt to breach system security or interfere with its functionality and performance.
c. Using automated mechanisms, scripts, bots, or other programmatic methods to access or interact with the platform or services.
d. Collecting or harvesting personal information, including names and email addresses, for any purpose, particularly commercial use.
e. Duplicating, copying, selling, or redistributing any aspect of the platform, services, or products.
f. Using Fashinerary’s intellectual property, including trademarks, service marks, trade names, and logos, in ways that could create confusion about ownership or authorized usage
g. Providing false information or participating in harassment, abuse, or discrimination based on protected characteristics such as gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
h. Soliciting participation in unlawful activities.
Warranty Exclusions and Liability Limits
Fashinerary expressly denies all warranties related to the Platform, Services, content, promotions and products, except for those specifically outlined in the Terms. This disclaimer encompasses any representations about Platform functionality, performance, accuracy, or fitness for purpose, including uninterrupted service and prompt error-free operation. Platform security, the safeguarding of the User’s devices, information confidentiality and data transmission integrity cannot be guaranteed during technical processing and network transmission.
The Organization shall be excused from performance and shall bear no liability for failure to perform any obligation hereunder, in whole or in part, where such failure results from circumstances beyond its reasonable control, including but not limited to: a. Natural phenomena, including fire, lightning, explosions, floods, and other acts of the nature; b. Man-made disasters, including power failures and utility disruptions; c. Civil and political events, including war, terrorism, revolution, civil commotion, and changes in governmental policies or regulations; d. Labor disputes and industrial actions; e. Supply chain disruptions and resource shortages. The Organization reserves the right to extend delivery timeframes for orders impacted by force majeure events. In case of order cancellation due to such circumstances, Fashinerary’s only obligation is to refund any payments for the undelivered portion of the order. No additional compensation or damages will be provided to the customer for delays or cancellations.
Users shall obtain appropriate medical consultation prior to engaging in any physical activities or exercise regimens. The Organization expressly disclaims all liability for any health complications, injuries, or medical conditions arising from either the participation in activities described on the Platform or the implementation of information obtained through the Platform. No warranties, conditions, or terms shall apply to the Platform, Platform Content, products, or Services, whether express or implied.
THE ORGANIZATION’S LIABILITY SHALL BE STRICTLY LIMITED TO ACTUAL AND DIRECT DAMAGES AS ESTABLISHED THROUGH LEGAL PROCEEDINGS. RECOVERY SHALL NOT EXCEED THE PURCHASE PRICE OF THE SPECIFIC PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. IN THE EVENT ANY PORTION OF THESE LIABILITY LIMITATIONS IS DEEMED INVALID OR UNENFORCEABLE: A. THE TOTAL AGGREGATE LIABILITY OF THE ORGANIZATION AND ITS LICENSORS SHALL BE CAPPED AT TEN DOLLARS ($10.00); B. THIS MAXIMUM LIABILITY PROVISION SHALL SUPERSEDE ANY OTHER LIABILITY PROVISIONS CONTAINED HEREIN.
Without limiting the above, you acknowledge and agree that Fashinerary will not be held liable to you for:
1). Consequential Damages
The Organization shall bear no liability for indirect, incidental, special, consequential, punitive, or exemplary losses arising from User’s use or inability to use the Platform, products, or Services. This exclusion encompasses any loss of profits or detriment to others, regardless of whether incurred directly or indirectly, diminution of goodwill, business reputation impairment, or data loss suffered by the User.
2). Platform-Related Losses
The Organization shall not be liable for damages incurred through User’s reliance on Platform advertising or transactions with Platform advertisers, nor for losses resulting from Platform modifications, service interruptions, data security incidents, or use of Platform-obtained products or services. This exclusion extends to all matters concerning the Platform, Services, Platform Content, and Comments, including but not limited to data deletion, corruption, unauthorized access, and storage failures.
These liability limitations shall apply irrespective of whether the Organization has been advised of or should have been aware of the possibility of such losses. These provisions shall survive the termination of these Terms and User’s Platform usage, and shall remain binding regardless of the nature or cause of any claim.
THE EXCLUSIVE AND SOLE REMEDY FOR ANY DISSATISFACTION WITH THE PLATFORM, SERVICES, OR TERMS OF USE SHALL BE THE DISCONTINUATION OF PLATFORM AND SERVICES USAGE.
Outbound Links to Other Sites
The Platform operates in conjunction with various external websites and third-party services, which may incorporate our branding elements through co-branding arrangements and employ their own data collection practices, including the use of cookies and personal information processing. Notwithstanding any such associations, Fashinerary expressly disclaims all responsibility and liability for these external entities, their content, products, services, and data handling practices. Such external platforms operate independently of these Terms and Conditions, and any transactions, interactions, or consequences arising from your engagement with these third parties fall outside our sphere of responsibility. While the Platform facilitates access to these external resources, users acknowledge that they engage with such third-party content, products, and services at their own discretion and risk. Users are strongly advised to conduct due diligence by reviewing and comprehending the respective privacy policies and terms of service governing these external platforms before initiating any transactions or sharing personal information. Any grievances, disputes, or inquiries pertaining to third-party offerings should be addressed directly to the relevant third-party provider.
Indemnification
The user hereby assumes full legal responsibility to safeguard and compensate Fashinerary, encompassing its entire organizational structure and associated parties against any claims or financial burdens resulting from Platform usage, Terms violations, or third-party rights infringement. Such protective obligations extend to instances where unauthorized access occurs through the user’s credentials. This indemnification commitment shall endure beyond the cessation of Platform usage or Terms termination. Notwithstanding the user’s indemnification duties, Fashinerary retains the prerogative to undertake and manage its defense independently, during which the user pledges full cooperation. Any resolution of such matters requires explicit written approval from Fashinerary. The scope of protection covers, but is not restricted to, all legal expenses, damages, obligations, and any other financial implications arising from the aforementioned circumstances, with the user bearing complete responsibility for such costs.
Conflict Resolution and Arbitration Agreement
a) Applicable Claims
This Section applies to all Claims between you and Fashinerary. A “Claim” means any dispute, claim, or controversy (excluding exceptions listed in clause (c) below) between you and Fashinerary, regardless of legal theory, for which either party seeks legal remedies arising from or relating to these Terms or the Platform, including claims related to the Platform’s use or operation, product or service purchases, privacy or data security matters, and claims concerning the validity, enforceability, or scope of this Section.
b) Mandatory Pre-Arbitration Dispute Resolution.
Prior to initiating arbitration, any party with a Claim against the other must first attempt to resolve the matter informally. Both parties shall engage in good-faith negotiations for 45 days (the “Informal Resolution Period”) following receipt of a properly formatted written notice of dispute (a “Claimant Notice”). This period allows the receiving party to evaluate the claim and make settlement options. The Informal Resolution Period may be extended by mutual written agreement.
The Dispute Notice must be sent to Fashinerary by email to [email protected]. Fashinerary will send any Dispute Notice to you using your provided contact information. The Dispute Notice must include: (i) the sender’s name, address, email, and telephone number; (ii) a detailed description of the Claim, including relevant dates and facts; (iii) specific relief sought; and (iv) a personally signed verification from the sender (not their representative) confirming the accuracy of the notice contents.
No arbitration application may be filed before a Dispute Notice is sent and the Informal Resolution Period has concluded. If either party files an arbitration application without complying with these requirements, the other party may petition a People’s Court for an order to suspend such filing and for other appropriate remedies. The prevailing party shall be entitled to recover all costs and reasonable attorneys’ fees incurred in seeking such relief. To facilitate efficient resolution, applicable limitation periods shall be suspended, and all arbitration fee deadlines deferred, from the commencement of the Informal Resolution Period until formal proceedings may commence under these Terms.
c) Claims Subject to Binding Arbitration; Exceptions.
Except for disputes that qualify for handling by the People’s Court at the Basic Level and disputes exclusively related to intellectual property rights of either party, including those seeking injunctive or equitable relief for alleged unlawful use of intellectual property (“IP Claims”), all Claims not resolved through the pre-arbitration process must be resolved through binding arbitration administered by a qualified arbitration institution recognized under the Arbitration Law of the People’s Republic of China. Claims subject to binding arbitration include, without limitation, disputes concerning the interpretation or application of this arbitration provision, including its enforceability, revocability, or validity.
d) Binding Individual Arbitration
Except as otherwise permitted by this Section, any Claim may be resolved only through binding individual arbitration conducted by a qualified arbitration institution such as the China International Economic and Trade Arbitration Commission (CIETAC) or other recognized arbitration commission under the Arbitration Law of the People’s Republic of China.
Complaint Handling Measures
To report any content or materials on the Platform that you believe infringe your intellectual property rights or other legal rights, please submit a formal, detailed notification to our legal team at [email protected]. Your notification must include the following:
a. Identification Details: Your full name and, where applicable, the organization you represent.
b. Contact Information: A valid email address and other relevant contact details.
c. Details of the Alleged Infringement: The intellectual property or other rights allegedly infringed, the specific content that is the subject of your complaint, the legal basis for your claim, and a declaration of truth.
You must also include the following statement:
“I hereby certify under penalty of perjury that the information provided in this notification is accurate and complete. I have the legal right to assert these claims and make these requests on behalf of the rights holder.”
Note: Incomplete notifications may delay our ability to address your concerns.
Last Updated: 30/01/2025
